Hyattsville, MD Workers' Comp Attorney for Pre-Existing Conditions

Knowledgeable Attorney Helping Injured Workers Receive Benefits for Aggravations of Pre-Existing Conditions in Hyattsville, Maryland

When employees are injured in workplace accidents or other situations related to their work, they may be concerned about the ways they will be affected. Fortunately, workers' compensation benefits are typically available for injuries that are work-related. These benefits will cover medical expenses, and they will also address lost income and disabilities that an employee has experienced. However, when a person has a pre-existing condition, questions may arise about whether that condition will prevent them from receiving benefits.

At Kisner Law, we help injured workers secure the workers' comp benefits they need after being injured at work. We can address complex issues involving pre-existing injuries or health conditions, and we will work to ensure that employees are treated fairly when filing claims for benefits. Attorney Jason Kisner has experience representing clients in these cases, and he will take a compassionate approach while advocating aggressively for the rights of injured workers.

What Is a Pre-Existing Condition?

A variety of medical issues or physical impairments may affect workers, and when these conditions exist before a workplace accident or injury, they are known as pre-existing conditions. Health issues that may be addressed in workers' compensation claims may include:

• Chronic back or neck pain
• Arthritis
• Previous fractures or joint injuries
• Herniated discs in the spine
• Degenerative disc disease
• Respiratory or cardiac conditions
• Mental health issues such as anxiety or depression
• Work injuries or illnesses related to a previous accident or work that had been performed for a previous employer

Having a pre-existing condition does not automatically disqualify a person from receiving workers' compensation benefits. Injuries that are unrelated to a pre-existing condition will be covered by workers' comp if they are work-related, and the aggravation of a pre-existing condition due to a workplace accident or a new injury may also be covered.

When a Pre-Existing Condition May Impact a Workers' Comp Claim

The presence of a pre-existing condition may lead an employer or their workers' compensation insurance carrier to challenge the validity of a claim. They may argue that an injury is not work-related and is entirely based on their pre-existing condition. They may also claim that the current symptoms are unrelated to the person's job or that a workplace accident did not worsen a pre-existing condition in a meaningful way.

When a workers' compensation claim is denied, an injured employee may need legal assistance to ensure that they can secure benefits. The worker will need to prove that the work-related incident aggravated or worsened the pre-existing condition, thereby entitling them to compensation.

Aggravation of a Pre-Existing Condition

An employee is entitled to workers' compensation benefits if work-related issues aggravated a pre-existing condition. That is, if work-related activity led to increased pain, reduced mobility, or additional medical treatment that was not previously needed, this will be considered a work-related injury that is covered by workers' compensation.

Examples of situations where pre-existing conditions may be aggravated while at work include:

• An employee with a history of back pain is injured at work while lifting a heavy object, resulting in a herniated disc requiring surgery. Because their back issues became worse due to an incident that took place in the workplace, their injury should be covered by workers' compensation or workers' comp.
• A worker with arthritis in their knees is injured in a fall accident at work, and they suffer a torn ligament. The worsening of their knee issues will be considered to be work-related because the accident took place while they were working.

To prove that the aggravation of a pre-existing condition is work related, an employee will need to show that a workplace incident or the actions they performed while working were the proximate cause of the worsening condition. Medical documentation and expert testimony will often play a key role in proving this connection.

How Kisner Law Can Help With Pre-Existing Condition Claims

Insurance companies may try to deny claims by stating that a pre-existing condition did not become worse due to any work-related factors. Attorney Kisner understands the bully tactics that insurance companies often use, and he is prepared to assist with these cases by:

• Gathering detailed medical records and obtaining opinions from treating physicians
• Demonstrating how a work incident caused a measurable worsening of a pre-existing condition
• Appealing denied claims and providing representation at workers' compensation hearings
• Negotiating settlements that will provide the proper benefits for work-related injuries
• Protecting clients against retaliation by employers after filing a workers' compensation claims

Attorney Kisner can present compelling evidence that distinguishes a pre-existing condition from a new work-related injury or demonstrates how the two are connected. His goal is to secure benefits that will include medical treatment, wage replacement, and long-term support to ensure that an injured worker can recover and avoid financial difficulties.

Contact Our Hyattsville, MD Work Injury Attorney for Pre-Existing Conditions

If you have a pre-existing condition and have suffered an injury at work, you will need to understand your rights and your legal options. At Kisner Law, we will guide you through the process of filing a workers' comp claim, and our attorney will advocate on your behalf to ensure that you receive the proper benefits. Contact us at 240-459-0097 to schedule a free consultation.