When someone is injured on the job, it can be a stressful and confusing time. Often, they will report the injury to their employer, hoping to receive the medical care they need and the compensation they deserve. However, it is not uncommon for an insurance company or employer to try and deny the claim, citing a pre-existing condition as the cause of the injury.
For example, let's say someone injures their back, knees, shoulders, hands, or thumbs while working. The insurance company may authorize a doctor's visit, but the doctor may find a pre-existing degenerative condition that they claim caused the injury, trying to deny that it is work-related and compensable. This can be frustrating and discouraging for the injured worker, who may feel powerless and unsure of what steps to take next.
However, it is important to remember that just because the doctor claims it is not compensable does not make it true. As we all age, we all experience some degeneration in our backs and joints. Therefore, having a pre-existing degenerative condition does not automatically disqualify an injury from being work-related and compensable. If the injury causes the pre-existing problem to become symptomatic, then it is compensable, and the injured worker is entitled to medical care and compensation.
If you have already reported the injury to your employer and been sent to an authorized doctor who denies the claim, you should talk to an attorney. They can help you navigate the complicated legal system and fight for your rights. Even if you have a pre-existing degenerative condition that was not symptomatic or causing problems before the work injury, you may still be entitled to compensation if the injury caused the problem to become symptomatic.
At our law firm, we understand how challenging it can be to deal with a work-related injury, especially when an insurance company or employer tries to deny the claim. That is why we are committed to helping injured workers get the medical care and compensation they deserve. We will work tirelessly to investigate the circumstances of the injury, gather evidence, and build a strong case on your behalf. You do not have to face this alone – we are here to help.