How Pre-Existing Conditions Impact California Workers’ Compensation Claims

Work injuries can trigger new illnesses or aggravate old health issues. California employees who are injured or become ill due to work may seek workers’ compensation benefits to cover necessary medical care and replace their wages. However, work injuries may also reignite pre-existing conditions, leading to complicated workers’ compensation claims.

Pre-existing conditions and workers’ compensation claims in California are challenging to navigate. These conditions may impact the amount of benefits available to you. Protecting against bad faith insurance in California is critical to your workers’ compensation claim. For guidance and support, contact a San Diego long-term disability claim attorney.

California Workers’ Compensation and Pre-Existing Conditions

Workers’ compensation benefits in California may cover injuries at work that exacerbate a pre-existing condition according to California law. Medical treatment, disability benefits, and job-related deaths are compensated by the Division of Workers’ Compensation (DWC), which covers most California employees. While California workers’ compensation does not exclude pre-existing conditions in workers’ compensation consideration, an injury associated with a pre-existing condition will likely receive significant pushback, facing these obstacles to compensation:

• Insurers arguing an injury or illness is not the result of a work-related injury
• The amount of compensation is reduced because of a pre-existing condition

Filing a claim with a pre-existing injury will require diligence. There are essential steps to take for a successful workers’ compensation claim.

Challenges to Workers’ Compensation Claims With Pre-Existing Conditions in California

Proving a pre-existing condition is aggravated by a work-related injury will be one of the most significant challenges to your claim. Insurers will likely argue your injury is the result of a pre-existing condition instead of an injury caused by a work-related event. Knowing what to do if your workers’ compensation is delayed or denied will help you seek solutions and get critical answers.

Medical documentation and evidence are necessary to prove that a work injury has impacted a pre-existing condition. This documentation may contain confusing and challenging language for a worker without a medical background, making it simpler for an insurance company to use the complex language in their favor. How insurance companies treat claims can leave those who rely on their help to face financial hardship.

Effectively Addressing California Workers’ Compensation Claims and Pre-Existing Conditions

Hopefully, your pre-existing condition was medically documented, and the care plan for treating the injury was followed. When starting a new job, speak with your employer about your pre-existing condition. This conversation allows your employer to disclose workers’ compensation laws in the workplace. These communications also provide initial documentation of a pre-existing condition and a workers’ medical history, minimizing the possibility of workers’ compensation disputes should an injury occur.

Employers may also provide educational tools and programs to benefit employees by addressing chronic pre-existing conditions. Many pre-existing conditions, such as hypertension and diabetes, can be managed effectively, reducing the potential for an injury related to a pre-existing condition. Because the laws of workers’ compensation are complex, one of the most straightforward avenues of dealing with a claim is to seek sound legal advice when an injury occurs.

Working with someone whose job is to understand workers’ compensation laws and fight bad faith insurance removes the stress from you, allowing for a more straightforward process. Seeking advice may also provide an avenue to sue a workers’ compensation company for insurance bad faith to get the financial help you deserve. Find out more about the impact of pre-existing conditions on workers’ compensation claims in California. Contact Dawson & Rosenthal P.C. today to learn more,