Pre-Existing Conditions for Workers in San Bernardino

Many workplace injuries can feel straightforward: you were hurt on the job, so you file a workers’ compensation claim. But what happens when an employment-related incident causes an existing injury to aggravate or worsen? In some cases, employers and insurance companies may use this as an excuse to deny a claim. 

The reality is that pre-existing conditions for San Bernardino workers in San Bernardino will not automatically bar you from recovering benefits. Establishing that you are entitled to recovery is possible, especially with the help of a seasoned workers’ compensation lawyer

How Workers’ Compensation Works

Understanding how the system works in general is important for workers considering a pre-existing condition claim in San Bernardino. The state requires most employers to carry insurance covering workplace injuries and illnesses. When serious illnesses or injuries make it impossible for a person to work, they could be entitled to benefits

These benefits replace part of an employee’s wages while they recover. In addition to these monetary payments, workers may also have all of their medical bills paid for as long as necessary. 

Liability does not need to be proven to qualify. This no-fault system exists to cover a worker’s injuries, even when they were at fault. Benefits are available as long as the injury or illness is work-related. 

The major downside to this approach is that it is the exclusive path to compensation for most workers. Unlike a personal injury lawsuit, these benefits will not fully replace lost wages or pay for things like pain and suffering. 

State Law Protects Workers Regarding Pre-Existing Conditions

According to the law, a pre-existing condition cannot prevent San Bernardino workers from recovering workers’ compensation benefits. The employer could show that an injury is unrelated to a workplace incident. It can be challenging to establish how a prior injury or illness was re-aggravated or made worse. An employer or insurance company might argue that the condition is no different than it was before the accident, making any benefits unnecessary. 

When employees have these existing ailments, they must show that the aggravated injury either changed their existing medical care plan, resulted in additional treatment, or increased their temporary or permanent disability

Common Types of Pre-Existing Conditions

It is not always easy to identify when a person’s pre-existing condition was aggravated or worsened following an employment-based incident. Employers often claim that the condition remains unchanged and argue against the need for compensation. 

For workers in San Bernardino, these pre-existing conditions often involve lingering physical injuries like broken bones, sprains, or chronic pain. It is also possible for lasting illnesses to qualify. The most challenging cases can include conditions that are only loosely related to a new injury or illness, like hypertension. 

Talk to a Lawyer in San Bernardino About Pre-Existing Conditions for Workers

Pre-existing conditions for workers in San Bernardino don’t necessarily disqualify them from receiving workers’ compensation benefits. If you were hurt while on the clock, you may still have a case for benefits through the workers’ compensation system. 

However, recovering the compensation you deserve can be challenging without skilled legal guidance. Reach out right away for a private consultation to discuss your options.