Navigating Workers’ Compensation Claims with Pre-Existing Conditions in Colorado

According to the Centers for Medicare & Medicaid Services, up to half of all Americans have some type of pre-existing condition. If you work in Colorado, there’s a 50% chance you are in the same boat. Unfortunately, pre-existing conditions can cause issues when you attempt to pursue workers’ compensation for legitimate workplace injuries. Insurance companies are notorious for using the “pre-existing injury” defense to escape their responsibilities and avoid payouts. If you find yourself in this situation, work with a qualified, experienced workers’ compensation lawyer who will fight for your rights. With the right legal assistance, your pre-existing conditions should not affect your workers’ comp claim in Colorado.

Many Pre-Existing Injuries are Still Covered Under Workers’ Compensation

The general rule is simple: You can file a workers’ compensation claim if your pre-existing injury was worsened by workplace duties. For example, you might have developed arthritis or a rotator cuff injury due to the natural aging process. These injuries can be exacerbated or aggravated by workplace duties. In this specific example, repetitive motions could easily make arthritis or rotator cuff injuries much worse – to the point where they become disabling. One could argue that if the employee never engaged in these work-related duties, they would have never developed a disability.

There are many other potential examples of pre-existing injuries that could be worsened by work-related activities. If an insurer claims that your injury is ineligible for compensation because it was pre-existing, do not give up hope. Work with an experienced lawyer and fight for your rights as an American worker.

Pre-Existing Conditions Often Lead to Serious Disputes

A pre-existing condition does not necessarily disqualify you from workers’ comp benefits – but it could trigger a complex dispute. If a dispute of this nature seems inevitable, it makes sense to work with a qualified attorney. Your lawyer can help you prove a “causational link” between your pre-existing condition and the workplace duties you were performing.

On one hand, insurers will attempt to prove that your injuries would have reached their current state regardless of your work. They may enlist the help of medical experts who back up these arguments. Insurers might point to similar patients who have developed the same conditions despite engaging in much lighter work duties.

On the other hand, your lawyer may organize a separate examination with a different medical expert, and this expert may come to a different conclusion. They might argue that your injuries were clearly aggravated by work-related duties.
You might also establish causation by referring to the time frame. For example, your pre-existing condition may have been relatively stable during the years before you started working. After working at this new position, however, your pre-existing condition may have degraded in a matter of months. This timeframe clearly indicates that your work-related duties aggravated the injury.

Filing Workers’ Compensation Claims for Toxic Exposure

If you become aware of an injury year or even decades after you start working, this is not a “pre-existing condition.” Instead, it is a clear work-related injury. Many insurers will attempt to dismiss these latent injuries as pre-existing. For example, you may develop lung cancer decades after working with asbestos. You can file a workers’ compensation claim decades after initial exposure, even if you have retired many years prior.

In this situation, it may be important to work with an attorney who can help prove the legitimacy of your work-related toxic exposure. The time between your injury and the diagnosis may pose challenges as you pursue compensation, and an attorney can help you proceed with confidence.

When are Pre-Existing Injuries Not Eligible for Workers’ Compensation?

You cannot file a claim for a pre-existing condition that has nothing to do with your work. For example, you cannot file a claim after developing lung cancer if this injury was caused by smoking and no work-related factors.

Find a Workers’ Compensation Lawyer in Colorado

If you are serious about pursuing fair compensation after a workplace injury with pre-existing conditions, contact The Law Offices of W. Dan Mahoney, P.C. at your earliest convenience. We understand how challenging pre-existing conditions can be in the world of insurance claims – and we can help you overcome this common obstacle. With our assistance, you should receive all the compensation you deserve for your legitimate workplace injuries in Colorado. Contact our experienced workers’ comp attorney today to get started with an effective action plan.

Category:

• Personal Injury
• Wrokers' Compensation