The premise should be simple: you sustain an injury at work, and you receive benefits from your employer's workers' compensation insurance for your medical care and wage replacement. Unfortunately, for some people, this process is not so easy, and they run into obstacles when it comes to getting the benefits they deserve. This is especially true for people who have pre-existing conditions, which is a condition you had before your employment and for which you received previous treatment. There is no doubt that pre-existing conditions can complicate workers' compensation claims. However, many people are able to obtain benefits with the help of an experienced Missouri pre-existing conditions attorney. Contact The Law Firm of Webster & Carlton for help today.
An employer is prohibited from refusing to hire or terminating individuals with pre-existing medical conditions so long as they can perform their jobs. This means that many companies have employees with medical conditions and disabilities, and Missouri workers' compensation laws should cover these employees just like anyone else. In fact, the law states that people with pre-existing conditions are eligible for workers' compensation benefits so long as they meet certain requirements.
The situation becomes complex when a worker with a pre-existing condition suffers a job-related injury or illness. They might file a workers' compensation claim like anyone else, but the process will likely not go the same as another worker's without a pre-existing condition. First, you can bet the insurance company will inquire about any medical conditions that existed before the workplace injury occurred. They might want to see medical records to confirm the information you give them about your health and physical state. You should always be honest about any pre-existing conditions, as trying to conceal them will only cause more problems in the long run. Next, you must show that the work accident or activity was the prevailing factor that led to the medical treatment you would like covered. The work activity may not be merely a precipitating factor - it must be the prevailing factor. The insurance company will likely challenge whether your work accident was the direct cause of your injury or whether it simply exacerbated an existing injury. It is important to have the right legal assistance throughout the claim process - especially if you have a pre-existing condition. If you need to file a claim, we can help you prepare a strong case from the start. If you have already received a claim denial, you should contact us immediately so we can negotiate with the insurance company and appeal the decision.
At The Law Firm of Webster & Carlton, we know the uphill battle faced by many people with pre-existing conditions. Let our skilled Missouri workers' compensation attorneys help you get the benefits you need and deserve. Contact us online or call us in Springfield at 417-890-4600 or in Joplin at 417-781-5690 for a free consultation today.