Can an On the Job Injury Attorney Help with Pre-Existing Condition Cases?

Workplace injuries can be complicated, especially when you already have a pre-existing medical condition. Many workers worry that their previous health problems will prevent them from getting workers' compensation benefits. The good news is that having <em>personal injury attorney</em> http://www.thefreedictionary.com/personal injury attorney a pre-existing condition doesn't automatically disqualify you from receiving compensation for a work-related injury. An experienced on the job injury attorney can help you navigate these complex cases and protect your rights.
Understanding Pre-Existing Conditions in Workers' Compensation
A pre-existing condition is any medical problem you had before your workplace accident. This could include back problems, arthritis, heart conditions, diabetes, or previous injuries. Workers' compensation laws recognize that many people have health issues before they get hurt at work. The key question isn't whether you had a condition before – it's whether your job made it worse or caused new symptoms.

Insurance companies often try to deny claims by blaming pre-existing conditions. They might argue that your current pain or disability comes from your old injury, not the workplace accident. This is where having a skilled workers' compensation attorney becomes crucial. They understand how to prove that your job contributed to your current condition, even if you had problems before.
How Work Can Aggravate Pre-Existing Conditions
Your job can make pre-existing conditions worse in several ways. Physical labor might strain an old back injury. Repetitive motions could worsen arthritis in your hands or wrists. Stress from work responsibilities might trigger heart problems or mental health issues. Even if you had these conditions before, your employer is still responsible when work activities make them worse.

Medical evidence plays a vital role in these cases. Your doctor needs to show the connection between your work duties and the worsening of your condition. This might involve comparing your symptoms before and after the workplace incident. An injury lawyer can help gather this medical documentation and present it effectively to insurance companies or in court.
The Eggshell Skull Rule in Personal Injury Law
Personal injury law includes something called the "eggshell skull rule." This legal principle means that defendants must take victims as they find them. If someone has a pre-existing condition that makes them more vulnerable to injury, the person who caused the harm is still fully responsible for all damages. This rule often applies to workplace injury cases too.

For example, if you have a weak back and a workplace accident causes severe injury that wouldn't hurt a healthy person as much, your employer's insurance still owes you full compensation. The fact that you were more susceptible to injury doesn't reduce their liability. A knowledgeable attorney can use this principle to argue your case effectively.
Proving Your Case with Medical Documentation
Strong medical evidence is essential for pre-existing condition cases. You'll need records showing your health status before the workplace incident. This includes doctor visits, treatment records, prescription medications, and any disability ratings. After your work injury, detailed medical reports must show how your condition changed or worsened.

Independent medical examinations often become important in these cases. Insurance companies might require you to see their chosen doctor. However, your attorney can also arrange for examinations by medical experts who understand your specific condition. These professionals can provide objective opinions about how your work contributed to your current problems.
Common Challenges in Pre-Existing Condition Claims
Several obstacles commonly arise in these cases. Insurance adjusters might claim your current symptoms are just the natural progression of your pre-existing condition. They could argue that you would have the same problems even without the workplace incident. Some insurers try to reduce benefits by claiming only a small percentage of your disability comes from work.

Another challenge involves incomplete medical records. If you didn't see doctors regularly before your work injury, it might be harder to establish your baseline condition. Some workers worry about disclosing pre-existing conditions, thinking it will hurt their case. However, honesty is always the best policy. Hiding medical history can seriously damage your credibility and legal claim.
How an Attorney Can Help Your Case
An experienced workers' compensation lawyer brings valuable skills to pre-existing condition cases. They know how to gather and organize medical evidence effectively. Attorneys understand which medical experts can provide the strongest testimony for your situation. They're familiar with insurance company tactics and know how to counter unfair claim denials.

Your lawyer can also help calculate fair compensation. This includes medical expenses, lost wages, disability benefits, and vocational rehabilitation if needed. When pre-existing conditions are involved, determining appropriate compensation becomes more complex. An attorney ensures you receive full benefits for the work-related portion of your condition.

Legal representation becomes especially important if your case goes to court. Judges and juries need clear explanations about how your work injury differs from your pre-existing problems. Skilled attorneys know how to present medical evidence in understandable terms and build compelling arguments for their clients.
Protecting Your Rights and Future
Don't let concerns about pre-existing conditions prevent you from seeking workers' compensation benefits you deserve. Many successful claims involve workers who had health problems before their workplace injuries. The key is working with qualified legal counsel who understands these complex cases.

Time limits apply to workers' compensation claims, so it's important to act quickly after a workplace injury. Even if you're unsure whether your pre-existing condition affects your case, consulting with an attorney can provide valuable guidance. Most injury lawyers offer free consultations to evaluate http://www.bing.com/search?q=%22Miller+Trial+Law+Reports+Increased+Case+Resolutions+for+Personal+Injury+Clients+in+Boca+Raton%22 http://www.bing.com/search?q=%22Miller+Trial+Law+Reports+Increased+Case+Resolutions+for+Personal+Injury+Clients+in+Boca+Raton%22 your situation and explain your options.

At Miller Trial Law, our experienced team understands the complexities of workplace injury cases involving pre-existing conditions. We work diligently to protect our clients' rights and secure the compensation they deserve. Our attorneys have the knowledge and resources to handle challenging cases and fight against unfair insurance company practices. Contact us today to discuss your situation and learn how we can help you navigate your workers' compensation claim successfully.
Miller Trial Law

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