Navigating workers’ compensation claims can be challenging, especially when pre-existing conditions are involved. At McDonnell Schroder, we understand the complexities of these cases and are committed to helping our clients secure the benefits they deserve. Let’s explore what you need to know about pre-existing conditions and workers’ compensation.
What Is Considered A Pre-Existing Condition In Workers’ Compensation?
A pre-existing condition is any health issue that existed before a work-related injury or illness.
These can include:
• Chronic conditions like arthritis or diabetes
• Previous injuries, such as back problems or joint issues
• Mental health conditions
• Degenerative diseases
It’s important to note that having a pre-existing condition doesn’t automatically disqualify you from receiving workers’ compensation benefits. The key factor is whether your work has aggravated, accelerated, or exacerbated your condition.
Pre-existing conditions can be either symptomatic (causing noticeable symptoms) or asymptomatic (not causing noticeable symptoms) before the work-related incident. This distinction can be important in determining how your claim is handled.
How Does A Pre-Existing Condition Affect Your Workers’ Comp Claim?
While pre-existing conditions can complicate workers’ compensation claims, they don’t necessarily prevent you from receiving benefits. If your work has worsened your pre-existing condition, you may be eligible for compensation, but you’ll need to demonstrate that your work activities contributed significantly to the aggravation of your condition.
It’s important to note that benefits may only cover the portion of your condition that was worsened by work, not the entire pre-existing condition. Be prepared for potential challenges, as insurance companies may try to attribute your current symptoms entirely to your pre-existing condition. It’s crucial to be honest about your pre-existing condition from the start.
Failing to disclose a pre-existing condition can seriously harm your claim and may even be considered fraud.
Always provide a complete and accurate medical history to your employer and treating physicians to ensure the best possible outcome for your claim.
What Evidence Do You Need To Support Your Claim?
Gathering strong evidence is crucial when dealing with pre-existing conditions in workers’ compensation claims.
Here’s what can help:
• Medical records: Comprehensive documentation of your condition before and after the work-related aggravation.
• Expert medical opinions: Statements from doctors explaining how work activities worsened your condition.
• Work history: Details of your job duties and how they impacted your pre-existing condition.
• Witness statements: Accounts from colleagues who observed changes in your condition.
• Personal documentation: Keep a diary noting how your condition has changed since starting your job.
Remember, the more thorough your evidence, the stronger your case will be.
It’s particularly important to have clear documentation of your condition before the work-related incident. This baseline can help demonstrate how your work has impacted your health. If possible, obtain medical records from before you started your current job to establish this baseline.
How Can You Protect Your Rights When Filing A Claim?
Protecting your rights is essential when dealing with pre-existing conditions in workers’ compensation claims. Here are some steps to take:
- Report your injury or illness promptly to your employer.
- Seek medical attention immediately and follow all treatment recommendations.
- Be honest about your pre-existing condition, but emphasise how work has worsened it.
- Keep detailed records of all medical treatments and how your condition affects your work.
By taking these steps, you can strengthen your claim and protect your right to compensation.
It’s also important to understand your rights regarding medical treatment. In many cases, you have the right to choose your own doctor for treatment. This can be crucial in ensuring you receive unbiased medical opinions about your condition and its relation to your work activities.
Reach Out To McDonnell Schroder Today!
At McDonnell Schroder, we understand the challenges of workers’ compensation cases, especially those involving pre-existing conditions. Our experienced team is dedicated to ensuring you receive the benefits you’re entitled to, no matter how complex your situation.
Don’t let a pre-existing condition stand in the way of your rights. Whether you’re facing a denied claim or need help navigating the process, we’re here to support you every step of the way.
Call us today at (02) 9622 1155 or fill out our online form for a free consultation. Let our experience, knowledge, and commitment work for you—so you can focus on what matters most: your recovery.
