Can You Get Workers Compensation for a Pre-existing Condition in California?
If you already had a medical condition before getting hurt at work, you might be wondering if you can still receive workers’ compensation. This is a common concern, and the answer in California is often yes.
California workers’ compensation law does allow benefits for pre-existing conditions, but there’s an important detail. You must show that your job made the condition worse. This is called “aggravation” of a pre-existing condition. For example, if you had prior back pain and a workplace injury caused it to become more severe or require treatment, you may still qualify for benefits.
However, these cases can be more complicated. Employers and insurance companies often try to argue that your condition existed before and wasn’t caused by your job. They may say your symptoms would have happened anyway, even without the work injury. Because of this, they may deny the claim or try to reduce the amount they pay.
Medical evidence plays a big role in these cases. Doctors must evaluate your condition and determine how much of your current injury is related to your job versus your prior health history. In some situations, benefits may be “apportioned,” meaning only the work-related portion is covered. Even so, you can still receive compensation for the part of your condition that was worsened by your job.
It’s important not to assume you don’t have a case just because you had a prior injury or condition. Many workers with pre-existing issues still qualify for benefits when their work makes things worse.
LG Law Center works with injured workers throughout California, including those dealing with pre-existing conditions. The firm understands how insurance companies handle these claims and helps clients gather strong medical evidence to support their cases.
If your employer or their insurance company is questioning your claim because of a pre-existing condition, you don’t have to handle it alone. Contact LG Law Center today to discuss your situation and find out how they can help you pursue the benefits you may be entitled to.
Luis Gonzalez Esq.
Attorney Luis Gonzalez graduated from the University of California Los Angeles, B.A., and Syracuse University College of Law, J.D., class of 2005. After graduation, he assisted large corporations with a variety of difficult legal matters in Washington D.C., then returned to California in 2010 to open his own law firm, LG Law Center, Inc.
Luis Gonzalez is an attorney that takes pride in his work and puts his best foot forward for every client. He represents indivduals with their worker’s compensation cases, as well as those seeking criminal defense representation. His approach has always been, treat clients with compassion, respect and to take time to ensure an understanding of legal options and the courtroom procedure.
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