It is an unfortunate fact that some insurance companies will try to deny an employee workers’ compensation benefits due to a pre-existing condition. These types of situations are never easy for the injured worker. If it happens to you, chances are you will need an experienced workers’ comp attorney to assist you in receiving any compensation that you are owed.
There are many kinds of injuries that can qualify as being “pre-existing.” An old back injury, for instance, is the most common condition that can get reinjured on the job. However, even if you have suffered from a condition all of your life, it does not necessarily mean that you are ineligible for workers’ compensation benefits if it gets reinjured as a result of your job.
That said, a pre-existing condition does indeed make litigation more difficult.
Colorado Workers’ Comp Law
Under Colorado law, most injuries are covered under workers’ compensation insurance, whether it was pre-existing or not. However, several factors must be taken into consideration. For instance: Was the injury aggravated at work or outside of work? An employer does have legal grounding if the injury was made worse somewhere outside of the place of employment, or if the employee was not “on the clock.”
There are many questions that must be answered when you are injured at work and have a pre-existing condition. Some of these questions include:
- Did your incident at work cause your condition to worsen?
- Has the pain shifted to various other parts of your body?
- Did the injury occur while abiding by the company’s safety policies?
- Can you prove how the injury happened and where?
Nolo has an excellent article that can help guide you through the basics of pre-existing conditions and workers’ comp benefits. However, it is highly important to talk with a workers’ compensation attorney in your area to determine the local and state work injury laws that may pertain to your case.
If you have been injured on the job and believe your Colorado employer is unfairly denying you benefits due to a pre-existing condition, contact Denver’s highly qualified workers’ compensation attorney Mack Babcock for a free consultation.
In the meantime, here are more details regarding preexisting conditions and your legal rights.