Am I Allowed to Receive Workers’ Comp on Preexisting Injuries?

For those that are dealing with a preexisting condition at work that causes them pain, for the most part you are not going to be able to file workers comp specifically for that injury or for that claim. There are some loopholes however that your workers compensation lawyers NJ can help you to file.

Can You Get Workers Compensation for an Existing Condition?

Put simply, no, you cannot file a workers compensation claim for an preexisting injury that you already have as it stands, you can however file a claim for an exacerbation of that injury due to the job that you are doing. For those that are working with an Elizabeth NJ workers compensation lawyer, they will be able to tell you the rules and laws that pertain to this type of filing.

A great way to look at this type of claim is with an example. Say you were injured playing sports when you were younger and you had to have reconstructive surgery on that injury. Say you healed fine but when you started working at the job you are at now that injury flared up and got worse. You can go to the doctor and have it proven that the job that you are doing is what caused the injury to reemerge, you can then file a claim that states that.

With this type of case it is always best to have an Elizabeth workers comp attorney to help argue your case, to help prove that the job you are doing is what made the injury worse and not something else. An attorney is going to be able to build your case so that you are not going to have to deal with anyone saying that the injury was preexisting and not having to do with your work.

Your Elizabeth NJ work accident lawyer can help you build a solid case and can help you find the evidence, the reports and the second opinions that you need to build a great case and to get your workers comp claim filed. This type of file may differ for a few reasons from a typical case. For starters, since you already had the injury, the pay out may be different, the time it takes to file and approve the claim may differ, and it might take you longer to get the money that you need to get well and rest.

Similarly, these types of claims tend to be a bit more closely monitored and inspected since you already had the injury. Some companies might try to say that you had a more serious injury when you started than you let on. They may also argue that you are not entitled to workers comp because you knew you had the injury and still started work.

Why Hire a Lawyer for a Preexisting Injury?

It is always best to hire a lawyer to help with your workers comp claim as it helps the process go a bit faster and also smoother. If you are dealing with this sort of case, Elizabeth personal injury lawyers and Elizabeth personal injury attorney offices can help you get the best outcome and can help you to get your case heard and fairly evaluated.

Workers comp claims are notorious for being tricky and with an existing injury it can be even harder to get the pay out that you need and that you want. Taking the time to talk with a lawyer can help you build a strong case that will help you get a settlement that will allow you time off work and money for medical bills so that you can fully recover.

Contact Ashton E. Thomas Esquire today to get your settlement started and to get your case heard.