You may be able to get workers’ compensation benefits if an existing injury becomes aggravated or worsened by your current employment activities. However, proving your job caused an aggravation of your existing injury can be challenging. How do you separate symptoms from your existing illness from those caused by the activities of your job?
If you or a loved one has an injury that was aggravated by job circumstances, it can be very helpful to contact an attorney. The trusted workers’ compensation lawyers in Bakersfield at Berry, Smith & Bartell have assisted many work injury victims with their claims for benefits. Schedule a free consultation today so we can explain how we can assist you in proving your illness was aggravated by workplace tasks.
There are several common injuries/medical conditions that get worse due to a job, such as:
These injuries can be easily aggravated without the victim doing all that much. When you add the tasks the victim does at his or her job, it is harder for the injury to remain stable, and the odds go up of it getting worse.
There are many factors in the workplace that can make these kinds of injuries worse, leading to a workers’ compensation claim.
Many of these injuries get worse due to repetitive motions with the hands, back or legs. For example, repetitive motions can negatively affect tendonitis, carpal tunnel syndrome and arthritis.
Using heavy machinery, equipment or tools can put additional strain on muscles in the back and even result in spinal cord damage.
Degenerative disc disease can become worse through manual labor, heavy lifting and various twists and turns. Falls can aggravate back issues and spinal cord damage.
You should always remember that the insurance company is looking for any excuse to deny your claim, and a preexisting illness is a readymade excuse the company can use.
This is why you should take steps to help strengthen your case. You should not hide your preexisting illness. Be open about it and explain how activities you engaged in at work caused the illness to get worse. When you file your claim, make sure to explain how the symptoms you are experiencing are different from what you experienced before.
You should repeat these details to every doctor who treats you. You need to be consistent about your new health issues related to your preexisting medical condition and how your job caused these new issues.
If you are consistent when speaking about your situation, providing the same details about the accident, your symptoms and how they are different than before, it helps improve the chances of doctors agreeing with you.
Another strategy for helping to strengthen your claim is to report the new injury immediately and file a claim as soon as possible. When employees wait around, insurance companies become suspicious and this can make the process more troublesome.
If you receive a denial letter, you can discuss it with your lawyer, who can guide you through the appeals process.
When a work injury aggravates an existing injury, the employee can suffer great pain and further complications.
If you or a loved one works at a job that worsened a pre-existing injury, you should seriously consider contacting the dedicated legal team at Berry, Smith & Bartell to understand how this situation can affect the claim. We know how to handle these kinds of claims when they are denied and can work with you to gather appropriate evidence to try to overturn a denial.
Contact us today to start a free case evaluation. You can call our representatives or start a live chat. We are here to support you through your claim.
5060 California Ave., Suite 300
Bakersfield, CA 93309
6715 N Palm Avenue, #214
Fresno, CA 93704