Does a pre-existing injury limit your ability to file a claim?
Learn if pre-existing injury affects your right to file a workers’ compensation claim and protect your benefits.
People commonly get hurt during the course of their life time. These injuries can be suppressed at that time but often reappear at work. Most of the workers do not file claims for workers compensation fearing that the prior injury will reduce their chances of getting the compensation. Take for example the case of John who fell off the bicycle and injured his knee when he was twelve. Due to the injury, he could not realize his dream of becoming an athlete so he became a top of the list construction worker. While he was at work, he tripped over some stuff that was not supposed to be placed in the way and hurt the same knee. If there would not have been any prior injury, John would have gotten back to work like a normal worker. But it proved to be even worse than his imagination as it sidelined him. After all it was the previous injury that handicapped him not just a casual trip over the stuff. With this in mind he hesitated in filing the compensation claim.
John did not know that there are laws to protect his kind of cases. At the time of employment, the employer takes the worker as he is. So if he gets injured at the work place, he still has the right to file a compensation claim. The fact that the employee had a prior injury will at the most decrease the compensation amount paid by the compensation carrier. The carrier may also try to use the fact of prior injury to limit their liability but there are laws to help such workers. However it is not so easy for the carrier to shake off the liability. They have to prove that the injury was caused due to a prior accident which is not so easy. If the employee was hired at full capacity without any limitations, it will further make the case difficult for the carrier.
The worker also has to be honest on his part from day one. He should not try to hide any trace of prior injury thinking that it will reduce his tendency to get the compensation and that by keeping his mouth shut he will be able to hide it. People who investigate such cases use all the means to find out the history. Hence one should remain honest and leave the rest to his lawyer.
The attorneys at Lyle B. Masnikoff and Associates have tremendous experience in workers’ compensation law and maintain a high standard of excellence in the representation of injured workers. They are dedicated to assisting the clients fight for their rights and benefits and go to great lengths to solve their problems.
This article is general information, not legal advice. Every case is different - call (561) 598-7120 for a free consultation about yours.