Can I get compensation if I re-injured pre-existing injury at work?

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Those with a pre-existing injury or condition who are injured at work may be worried about their workers’ compensation claim being denied. It is not unusual for someone to have some form of a pre-existing condition at any time in their life, especially when involved in a work-related accident or on-the-job injury. However, the insurance company may quickly deny the claim, especially if they see a pre-existing condition. If this happens, reach out to a worker compensation attorney Utah to learn more about your rights and help get the compensation you deserve.

Can You Receive Workers’ Compensation for a Work Injury If You Have a Pre-Existing Condition? 

It is not uncommon for someone to have a pre-existing condition that may become re-injured or aggravated at work. Common pre-existing conditions may include:

  • Arthritis
  • Fractures
  • Herniated disks
  • Knee injuries
  • Spine degeneration
  • Sprains and strains to legs and arms
  • Torn ligaments

Even though a pre-existing injury or condition may affect your workers’ compensation claim, it does not prevent you from qualifying for benefits. It is always best to speak with a Utah workers compensation lawyer to determine if your case will disqualify you from receiving workers’ compensation benefits.

Are There Any Exceptions? 

There are some exceptions considered when filing for workers’ compensation benefits. For example, dual capacity determines the employer’s responsibilities toward their employees, regardless of the defined and outlined employment relationship. In addition, fraudulent concealment refers to the employer’s attempt to conceal the injury. For more information about exceptions associated with your claim, speak with a worker’s compensation lawyer Utah.

How an Attorney Can Help Determine If You Have a Case

An attorney can help you gather all evidence needed to back up your claim. Additionally, the attorney can help schedule medical appointments to treat your injury and to help determine the effect of the pre-existing condition. The attorney can also communicate with the insurance companies and help prepare a legal case if your claim has been denied.

For help with your workers’ compensation claim, contact Mountain View Law Group to schedule a consultation and discuss your case.

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