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Wrongful Termination

Pre-Existing Conditions for Workers in Bakersfield

If you sustain a work-related injury or illness, you must establish clearly that it is a recent illness to get a favorable result from a workers’ compensation claim. This can be challenging because workers’ comp insurance providers often contest claims by arguing that the claimant’s injury or illness was a pre-existing condition—it was not directly work-related and therefore does not qualify them for benefits.

Working closely with one of our experienced workers’ comp attorneys could help you navigate this and other obstructive tactics by insurance providers trying to save money at your expense. However, it can also be helpful to know how pre-existing conditions for workers in Bakersfield may affect workers’ comp claims, so here is a brief guide from our team at LNN.

What Is a Pre-Existing Condition?

A pre-existing condition for someone pursuing a workers’ comp claim in Bakersfield is a medical problem that they were already dealing with before they got hurt or sick on the job. Chronic degenerative conditions, such as arthritis, are textbook examples of pre-existing conditions. Workers’ comp insurance providers may also consider conditions such as lingering back injuries, ligament tears or strains with long-lasting effects, and even respiratory illnesses as pre-existing conditions.

Having a pre-existing condition in no way disqualifies you from seeking workers’ comp benefits for a different injury or illness that you have suffered as a direct result of your working conditions. You can also file a workers’ comp claim over a workplace accident that significantly aggravates a pre-existing condition, but you would only be eligible to receive benefits for the new harm you have sustained, not for medical bills or lost working capacity related to the original condition.

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AT LNN, WE HANDLE THE FOLLOWING KINDS OF WORKERS' COMPENSATION LAW CLAIMS

Airline & Airport Employees

Auto Workers

Brain Injuries

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Business Professionals

Fire Fighter Injuries

Health Workers

Hospital Workers

Industrial Workers

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Neck and Back Injuries

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Police Officer Injuries

Repetitive Stress Injuries

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Restaurant Worker Injuries

Shoulder and Elbow Injuries

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Union Workers Injuries

Proving an Injury or Illness Did Not Predate Your Workplace Accident

Comprehensive medical records will always play a crucial role as evidence to support a workers’ comp claim. These records are even more important if your insurance provider argues that your injury or illness is a pre-existing condition. Your treatment history and physician’s reports can help establish exactly when your injury happened or illness began, what its current and likely ongoing effects are, and information about what first caused it.

Other useful forms of evidence may include testimony from witnesses to your workplace accident, statements from family members about the impacts of a pre-existing or new injury, and surveillance footage of your accident occurring. A member of our team could take the lead in collecting all necessary information and minimizing the negative impact that any existing health issue may have on your Bakersfield workers’ comp claim.

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More on Workers' Compensation Law

What is Workers’ Compensation?

Workers’ compensation is a social insurance program that provides benefits to employees who suffer from a job-related injury. It is designed to ensure the employee receives prompt medical treatment and compensation for lost wages, regardless of who is at fault. The program was adopted in California and most other states during the early 20th century, and replaces the right of employees to sue employers over work-related injuries in exchange for benefits.

What happens if someone gets hurt and their employer doesn’t have sufficient coverage?

If an employee incurs a work-related injury or illness and the employer does not have valid workers’ compensation insurance, workers’ compensation may not be available as a remedy. However, the employee can still file a civil action against their employer in addition to filing a workers’ compensation claim. Employees should reach out to their local DWC office to discuss their options further. The employee can also work with a workers’ compensation attorneto help them pursue compensation.

Appeals for Workers’ Comp Denials in Los Angeles County

The last thing you want to deal with after being hurt on the job is fighting with the insurance company just to get your wages paid or to see that your medical bills are taken care of. Has your workers’ comp claim been denied or delayed? Do you suspect some type of insurance bad faith? Our Los Angeles workers’ compensation attorneys are here to help. We can file an appeal on your behalf and continue pursuing the compensation you deserve.

Featured Workers’ Comp Practice Areas

Amputation injuries
Back/neck injuries
Brain injuries
Carpal tunnel syndrome
Head injuries
Knee injuries
Mental/psychological injuries
Occupational disease
Shoulder injuries
Repetitive stress injury

Workers’ compensation claims can be difficult to navigate, especially after you have been injured. Our Los Angeles workers’ compensation attorneys are here to guide you every step of the way and ensure you have the best chance of success.

Hiring a Los Angeles Workers’ Compensation Attorney

Many workers’ compensation claims are complicated. The best way to ensure that you obtain your full benefits after an on-the-job injury is by consulting with a Los Angeles workers’ compensation attorney. Without the help of an attorney, you may not receive the compensation you are entitled to for your medical care, disability payments, and more. An experienced attorney can help you understand your rights and responsibilities regarding your workers’ compensation claim. They can also assist you with an appeal if your claim is denied. Workers’ compensation claims require adherence to tight deadlines, failure to report an injury in a timely manner can result in your claim being rejected. It is generally in your best interest to consult with a Los Angeles workers’ compensation attorney as early in the process as possible.

Workers’ Compensation Benefits and What They Cover

Individuals in California who are injured on the job or have a work-related illness may be entitled to several benefits through their company’s policy. Most employers in the state are required to either purchase a workers’ compensation policy from a licensed insurer or become self-insured. If you are injured at work, your employer’s workers’ compensation benefits may include payment for:

Medical care
Temporary disability benefits
Permanent disability benefits
Supplemental job displacement benefits
Death benefits

It is important to discuss your case with a Los Angeles workers’ compensation attorney as soon as possible after your injury. An attorney can help you understand how to file a claim through your employer’s policy and ensure that you receive the maximum compensation available based on your case.

Workers’ Compensation and Wrongful Termination

An employer cannot fire you for filing a workers’ compensation claim. It is unlawful for an employer to retaliate against an employee who has been injured on the job and is seeking workers’ compensation benefits. In addition, an employer cannot deduct a portion of your paycheck in order to help offset the cost of workers’ compensation benefits. If you filed a workers’ compensation claim and were subsequently fired from your position, you might be entitled to file a wrongful termination lawsuit. There are strict state and federal laws that protect workers from wrongful dismissal. Our attorneys can help you file the appropriate claim against your employer if you were wrongfully terminated.

Workers’ Compensation and Permanent Disability

Depending on the severity of the injury, you may be unable to return to your previous job duties. If you have long-term medical problems related to your on-the-job injury, you might be entitled to permanent disability benefits. Permanent disability benefits are designed to compensate those whose injury results in a reduced earning capacity. You might still be able to collect permanent disability benefits even if you are able to return to work. In order to qualify for permanent disability benefits, a doctor must first find that your condition is not likely to change or improve. The doctor may state that your injury has reached its maximum medical improvement or has become permanent and stationary.

What to Do if You Are Injured on the Job in Los Angeles

If you have a work-related injury, you need to act quickly to protect your right to compensation. First, report the injury to your employer. In some cases, your injury may be caused by repeated exposure as opposed to a single accident. It is critical to report the injury immediately upon discovery, even if it occurs over time. Second, you need to seek emergency medical treatment. Any delay in treatment may directly affect your ability to receive full workers’ compensation benefits. Seek and continue treatment. Do not miss doctor’s appointments and follow through with any referrals to specialists or other recommendations. Finally, contact a Los Angeles workers’ compensation attorney. An attorney can help you file a claim for benefits and ensure that you receive fair and full compensation for your losses.

Losing a Loved One to a Job-related Injury

In the unimaginable event that you have lost a loved one due to a job-related injury or illness, you might be entitled to workers’ compensation death benefits. Generally, spouses, children, and other dependents are entitled to death benefits. A Los Angeles workers’ compensation attorney can help you understand your rights and whether you qualify for death benefits. We know that no amount of money could ever fully compensate you for the loss of your loved one, but these benefits may help to relieve unexpected costs such as burial expenses.

How Does Workers’ Compensation in California Work?

By law, most employers in California are expected to have workers’ compensation coverage for their employees to compensate them if they are injured on the job. Your employer is required to pay a specific amount to you; however, if a third party was involved—such as a manufacturer or someone not employed by your employer—then you may be entitled to secondary compensation.

What Costs Are Covered by Workers’ Comp?

In California, workers’ compensation covers all of your authorized injury-related expenses, including (but not limited to) medical costs, rehabilitation costs, therapy, and any job-related retraining you may need to get back to work. You may also be eligible for temporary total or temporary partial disability benefits if your injury has put you out of commission for a time. Should your injury pose permanent limitations on your ability to do your job or eliminate your ability to work at all, you may be able to receive permanent disability benefits.

How Do I File a Workers’ Comp Claim in California?

Talk to your employer about your injury or developed illness right away. Ideally, do this as soon as you are injured or become aware of your illness so that your employer has the option to send you to a physician in their medical provider network. Seek medical attention and keep record of any diagnoses, x-rays, doctor’s notes, prescribed treatments, etc. If your injury requires you to receive immediate medical attention, do so before talking to your employer, but do not wait more than 30 days to report your injury. Make your workers’ comp claim official by filing an Application for Adjudication of Claim no more than 1 year after your injury. This is one of several forms you will need to file in order to recover costs associated with your injury or illness.

What Happens if a California Employer Doesn’t Have Workers’ Compensation Insurance?

Every employer in the state of California is required to hold a workers’ compensation insurance policy with a licensed insurer and provide related benefits to their employees when the need arises. Even small companies with only a few employees must provide workers’ compensation for their employees and have sufficient insurance.

What resources are available if my employer is uninsured?

If your employer is not properly insured and cannot cover your injury-related costs, the state of California has what is known as the Uninsured Employer’s Benefit Trust Fund (UEBTF), which serves as a fallback and provides the funds for hurt workers.

Are There Workers’ Compensation Lawyers Near Me?

LNN is located in downtown Los Angeles. We can take all workers’ compensation cases based in California.

Discuss Your Prior Health Condition With a Bakersfield Workers' Comp Attorney

Whether you are seeking benefits for a new injury or for an old one that has been aggravated at work, pre-existing conditions for workers in Bakersfield could significantly complicate the workers’ comp claims process. However, this type of obstacle could be overcome with guidance from capable legal counsel, which our team at LNN is ready to provide.

If you have further questions about how your prior illness could affect your workers’ comp benefits, one of our attorneys could answer them during a confidential consultation. Call today to schedule yours.

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