Workers’ compensation insurance carriers held by employers provide medical care, temporary and permanent disability benefits, and death benefits for your spouse and children. Pre-existing conditions such as arthritis are also covered under Workers’ Compensation insurance. Arthritis is often associated with old age. That doesn’t mean it won’t strike anytime.
Over 50 million Americans suffer from such pre-existing conditions that may impact their hands, wrists, knees, shoulders, and hips. If one’s work involves the performance of repetitive motions, being sedentary for long periods of time, or high impact activities, a worker with pre-existing arthritis is in particular risk of aggravating an arthritic condition.
Manual labor, like construction, is some a high impact activity, whereas desk jobs are sedentary jobs.
The U.S. Department of Health and Human Services estimates that between 50 and 129 million Americans suffer from aggravated pre-existing conditions such as torn ligaments, arthritis, and herniated disks. Depression and anxiety are also pre-existing conditions classified under psychiatric conditions.
Does Workers’ Compensation Cover Pre-Existing Conditions?
You don’t have to worry about your pre-existing condition causing you more problems once you get injured while at work. The workers’ compensation insurance may provide you with a policy that covers pre-existing conditions.
If you have arthritis or a pre-existing condition, you have to be aware of your work’s impact on your condition. You may be worsening your condition and creating a long period of recovery if your pre-existing condition is exacerbated by work.
For one to be covered by Worker’s Compensation for a pre-existing condition, the worker must show that work-related activities aggravates, accelerates, or reactivates their pre-existing conditions. You do not have to exclusively prove the work-related activity causing exacerbation to your condition. However, it has to be a material fact in such a case.
You also have to prove that the resulting disability interferes with your ability to continue working for some time. Note that it’s important for workers to notify their employer of any injury at work within a specified period.
How to File a Claim
Qualifying for a Workers’ Compensation involves a very complex proves that includes timely reporting of the injury to the employer. Besides, it involves the gathering of sufficient evidence to support your claim. This includes an evaluation by an appropriate medical provider, among other substantive and procedural steps.
To determine whether the injury has caused temporary or permanent disability, the extent of the injury must be evaluated.
Once you get a successful Workers’ Compensation claim, you will get time off from work to allow for recovery. This will include two-thirds of your pay and compensation for costs, such as surgeries, doctor’s appointments, and prescriptions.
Filing a Successful Claim
If you have an aggravated pre-existing condition and want to ensure you file a successful claim, visit our Los Angeles office to receive the necessary legal guidance. You can also call us at (213) 263-6131 for you to be carefully guided through every step of qualifying for a Worker’s Compensation if you have a pre-existing condition.
