Common Challenges in Claims With Pre-Existing Conditions
One challenge you might face is proving the extent to which your work injury contributed to your current limitations. Insurers may argue that your pre-existing condition accounts for most of your disability. A lawyer could help you prepare evidence showing that your accident at work was a significant contributing factor. This may include physician testimony, medical imaging, or documentation of functional limitations before and after the incident.
Another consideration is impairment ratings. A workers’ compensation claim in Los Angeles will involve an evaluation of your permanent disability based on the combination of your prior condition and the new injury. Understanding this process can help you plan for rehabilitation, return-to-work arrangements, or additional benefits that may be available.
Can You Receive Full Benefits Despite a Pre-Existing Condition?
You might wonder if having a pre-existing condition reduces your ability to collect workers’ compensation. In many cases, the law allows you to receive full benefits for the portion of your disability caused by your work injury. Our lawyers could help you document how the accident exacerbated your prior condition and advocate for compensation that covers medical care, wage replacement, and permanent disability benefits if applicable.
Even if your original condition is significant, it is important to remember that you still have rights under Los Angeles workers’ compensation law. Consulting with a lawyer experienced in these cases could ensure that you are not unfairly denied benefits due to prior health issues. Our attorneys could negotiate with insurers, represent you at hearings, and help you obtain the medical evaluations necessary to support your claim.
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