• Pre-existing Conditions and Workers Comp
  • February 20, 2015
  • Law Firm: Burg Simpson Eldredge Hersh Jardine P.C. - Englewood Office
  • I often end up arguing against insurance companies that deny medical coverage when my client had pre-existing conditions that got worse at work. The truth is that these injuries should be covered, even though it is commonplace for them to get denied at first. If you don’t have legal representation, it’s very possible that the insurance company will tell you that it won’t be covered and you’ll be left to cover your own medical costs.

    The situation usually looks something like this: A client of mine has had a history of some back pain, wrist pain, or other pain for a while. At work, they go to do something routine, like lift a box or step out of their truck, and slip or injure themselves. My client usually doesn’t think much of it at the time and continues on with their day. Later that night, or for the next few days, the lingering injury begins to flare up and cause pain, but most clients don’t connect it to their work injury, and if they do, the insurance company may say it doesn’t qualify for coverage when they report it.

    The most important thing to do once you hurt yourself at work is notify your supervisor and then your HR dept, in writing, no matter how small you think your injury seems. From there, if it is a significant injury you may need to contact a lawyer to consult on your case. We won’t be able to take any action on your case until you sign an agreement of terms, but most attorneys will offer a free consultation over the phone or in person to tell you what challenges you may face in your case and help you assess what to do next. It’s important to get started as soon as possible, especially if you have an underlying condition injury, repetitive stress injury, or any other case that is commonly denied by insurance.