Over the past century, the federal, state, and local governments have done a lot to improve the quality of life for workers. With limits on working hours and improvements in technology and equipment, job sites are not nearly as unsafe as they used to be. However, workplace accidents still occur.
When you experience harm in a worksite accident, you might wonder what you can recover under your employer’s workers’ compensation plan. You may be even more unsure of what to expect when your injuries involve pre-existing conditions. A dedicated local attorney from our firm could offer knowledgeable advice to help you through this challenging time. Call to learn more about pre-existing conditions for workers in Glendale and any other workers’ comp related subject.
California law requires most employers to carry insurance to cover workplace incidents. When people experience acute injuries or suffer long-term illnesses or conditions as a result of their job duties, they usually have the right to collect workers’ compensation benefits under their employers’ insurance plans.
Injured employees can receive reimbursement for reasonable medical treatment expenses, so they do not have to worry about their medical bills mounting up while they work on healing. Workers can also receive money while off work while treating if their injuries or illnesses prevent them from performing their job duties.
Workers’ compensation benefits are no fault. This means injured employees do not have to worry about proving their employer’s negligence as the cause of their accident. However, Glendale workers are required to establish a connection between their job duties and their injuries, which can be challenging to do when pre-existing conditions are involved.
Workers’ comp benefits are exclusive. Injured workers cannot simultaneously collect workers’ compensation benefits and sue their employers.
Meeting with an attorney as soon as possible after sustaining an injury at work could help an injured employee determine whether they meet the qualifications for workers’ comp and what benefits they may be entitled to.
Even though California law requires most businesses to carry workers’ comp insurance, some employers try to deny paying benefits to deserving workers. An employer might argue that the injury occurred outside the scope of the hurt worker’s job duties. For example, if a worker sprains their ankle at the annual company picnic, an employer might try to deny coverage because the injury did not happen while performing their daily tasks. However, a knowledgeable attorney could argue that the picnic required mandatory attendance, meaning that it was part of the worker’s required duties.
Another example of an injury that might be outside the scope of an employee’s job duties is a pre-existing condition. Pre-existing conditions are illnesses, injuries, or health conditions that existed before the workplace incident. Some pre-existing conditions can worsen on the job. Although California law does not exclude pre-existing conditions, some Glendale employers will use an employee’s underlying medical condition as an excuse to deny or reduce their liability. For instance, if an employee who has a problem with their lower back aggravates their injury by lifting heavy cargo as part of their warehouse job, an employer might challenge coverage for that injury. The employer might argue that the pre-existing condition, and not their job, caused their injury.
Our dedicated attorneys could help injured employees fight back for their rightful benefits.
When you experience an injury or illness at work, you deserve help. However, pre-existing conditions for workers in Glendale can make recovery of workers’ compensation benefits more complicated. The team at Glauber Berenson Vego understands complex medical issues and could work with medical experts to gather and review your medical records. With our hard work, we could build a strong claim and advocate on your behalf. Contact our firm today to learn more.
