In many states, there is no formal discovery process for traumatic injuries in regards to workers' compensation cases. There are no interrogatories or depositions. Therefore, there are cases where you might be approved for workers' compensation even if your injuries were partially the result of a preexisting condition. However, that doesn't mean that your employer won't try to prevent this from happening.
The Mechanism of Injury
The starting point in a workers' compensation claim is the mechanism of injury. When you are injured, you will need to write down where the injury occurred and what part of your body was injured. If possible, you should speak with a workers' compensation attorney before giving your answers because what you say can have an effect on your claim.
The workers' compensation insurance provider will likely look into any past injuries you had to determine if your injuries may have contributed to your current condition. For example, if you were involved in an accident, this can be used to as a way to try to deny your claim. Therefore, you'll need evidence that your injuries were not the result of the previous accident and were instead the result of the accident you had at work.
Your Medical History
One area of interest will be your chiropractic history because this will be related to any claim that involves your shoulders or spine. X-rays and MRIs can be used as objective medical evidence to prove whether or not your condition is a pre-existing condition. An experienced workers' compensation physician that your employer may require you to see may look into these past records.
Hobbies and Sports
If you are involved in hobbies and sports, these can play a role in your workers' compensation claim because your claim may be denied if your injuries from work are also injuries common to the sport you activities outside work. Also, if you continue to engage in these activities after you have become injured, this can be used as evidence that you're not as injured as you claim. For example, years of jogging or distance running can lead to knee injuries.
Fortunately, experienced workers' compensation lawyers will know what methods will be used to try to have your claim denied. With the help of the attorney you will be able to take the steps necessary to minimize the risk that your claim is denied and receive maximum compensation for your injuries at work.Share