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Can I Collect Workers Compensation if I Have a Pre-Existing Condition?

pre-existing condition

These days, it seems like having a pre-existing condition can exclude you from all sorts of things. Some companies won’t hire somebody with a pre-existing condition. Of course, they won’t tell you this is the reason why you didn’t get the job. Some health insurance carriers will not write you a policy if they know that you have certain pre-existing conditions. The same is true when it comes to life insurance. But when it comes to workers compensation, your employer can’t simply deny your claim because you have a pre-existing condition. And if this does happen to you, you need to call and speak with one of our Charlotte workers comp lawyers right away.

It may be true that your claim should be denied based on you having this pre-existing condition. However, it is not a given. For example, your pre-existing condition may have involved leukemia as a child. This would have nothing to do with you hurting your back working at a warehouse in your late 20s. Unfortunately, some employers and even more insurance carriers will find any reason at all to deny a workers compensation claim.

Here, we will discuss how to handle a claim involving a pre-existing condition. We will also explain ways in which your workers compensation attorney in Charlotte can appeal your claim. Since we offer new clients a free, initial consultation, you should come into the office and sit down with one of our lawyers and have them review your case. If they think you have a good shot at winning on appeal, they may be willing to represent you. If, however, they honestly think that your claim has no chance of being paid, they will be upfront and honest with you. The last thing they want to do is waste your time or get your hopes up unfairly.

What Kind of Injury Did You Suffer in Your Workplace Accident?

One of the most important questions your Charlotte workers comp lawyer will need to ask is what kind of injury you suffered at your job. They’ll need to know this because they need to see if there’s any connection between your workplace injuries and whatever pre-existing condition you may have suffered from. If there’s a strong correlation between the two, then it may be very difficult to get your claim paid. If, on the other hand, there’s only a tentative relationship between your pre-existing condition and your current workplace injury, then they’ll be willing to go to bat for you and file an appeal.

There’s a Good Chance Your Claim Will Be Denied Due to a Pre-Existing Condition

Going into any job having a pre-existing condition can be scary. It’s not that your employer can come right out and ask you if you’ve ever had a back injury or if you have ever had cancer. But that doesn’t mean they can’t get this information somewhere else. When you initially report your workplace accident, your employer has one day to file the paperwork with their insurance carrier and the North Carolina industrial Commission. One of the first things their insurance carrier is going to do is request your medical records for the past ten years.

pre-existing condition

They typically will not go back further than that because it usually isn’t relevant to the case. If they see something suspicious come back in your records, they will more than likely deny your claim. Even if they know that the relationship between your pre-existing condition and workplace injury is weak, they may still deny your claim hoping that you’ll simply walk away. This is especially true if you don’t have a workers compensation attorney in Charlotte handling your file.

Your Charlotte Workers Comp Lawyer Can File an Appeal

If your workers compensation claim is denied because of a pre-existing condition or any other reason, you can file an appeal. Of course, the reason for your denial is probably the most important factor when it comes to your chances of succeeding on appeal. For example, if your claim was denied because you tested positive for drugs immediately after your workplace accident, there’s no Charlotte workers comp lawyer that can save that claim. If, however, your claim was denied because you have a pre-existing condition, your attorney will have to look at the facts of your case before they make any final determinations.

This is why we offer clients a free, initial consultation. It gives both you and our workers compensation attorneys in Charlotte a chance to see if there’s any point in moving forward together. From our attorney’s perspective, they want to make sure that you have a case that they can win. From your perspective, you want to make sure you trust that our attorneys have the experience and expertise to handle your case.

These Cases Always Come Down to the Facts

If your workers compensation claim was denied because you had a pre-existing condition, you still have options. Your workers compensation attorney in Charlotte may be able to prove that your new injuries have nothing to do with your pre-existing condition. Or they may be able to prove that your employer was negligent and forced you to work under dangerous conditions. If that’s the case, you may be able to sue your employer directly for damages.

Usually what happens in these cases depends on the facts. No two workers compensation cases are exactly the same. This means a couple of things. First, it means that just because your employer approved another claim similar to yours, that doesn’t mean they will pay your claim. Likewise, even if your employer typically denies claims involving pre-existing conditions, that doesn’t guarantee that your claim will be denied. You need to have an open mind and hope that your employer will do the right thing. If that doesn’t happen, you can always call one of our Charlotte workers comp lawyers and let them go to battle for you.

We recommend that anyone who suffers a workplace accident should meet with a workers compensation attorney in Charlotte immediately. If you have a lawyer help you file your initial workers compensation claim, there’s a much better chance of it being approved. This shows your employer that you will not be intimidated and that you will fight for the benefits you deserve.

Since we offer all new clients a free, initial consultation, you owe it to yourself to at least sit down with one of our Charlotte workers comp lawyers. They can answer any questions you may have and give you an idea of what options are available to you.