Denver laws require that all employers with at least one employee have a workers’ compensation insurance policy. This policy provides a safety net of income to people who suffer injuries on the job. In return, that employee cannot sue their employer for their injuries, even if the injuries were the result of negligence on the part of the employer. Sadly, many workers struggle to obtain these benefits, some because of pre-existing conditions.
An attorney experienced in Denver pre-existing conditions for workers is dedicated to helping workers understand workers’ compensation and how pre-existing conditions may prevent them from obtaining benefits. It may be critical to contact an established workers compensation attorney right away.
What is a Pre-existing Condition?
In simple terms, a pre-existing condition is any medical condition that a worker had prior to beginning their job. This can be something as simple as a chronic joint condition that makes it difficult for them to use their shoulder or something as complex as partial organ failure that makes them more susceptible to environmental hazards. In general, a pre-existing condition or injury cannot be the basis for a workers’ compensation claim.
Conflicts Concerning Pre-Existing Conditions
An issue with Denver pre-existing conditions for workers is the possible deniability on the part of the insurance company. One of the most common ways a workers’ compensation insurance company can deny a claim is by arguing that the injury did not happen at work. The concept of at work is more complex than many people realize. Not only does a person need to be on the clock, but they must also be performing their work duties in a reasonable manner.
This can coincide with a pre-existing condition in conflicts concerning when the injury took place. A worker may argue that yes, they had a pre-existing shoulder condition, but they were able to work their job prior to an accident. The insurance company may counter that the shoulder was bound to give out sooner or later and that the injury had nothing to do with work duties.
A worker bears the burden of demonstrating the injury happened while on the job. Even if the injury did not come about as the result of a single, catastrophic event, they may be able to prove that the injury was the result of the repeated stress of their job. Even if a person has a pre-existing condition, they may be able to prevail if they can show that the condition was made worse to the point of them being left unable to work due to their job duties.
What Options do Denver Claimants Have?
All workers’ compensation applicants may appeal a denial to an administrative law judge. This judge conducts a hearing where both the employee and the insurance company present their sides of the case. However, applicants looking for a quicker resolution may request an informal arbitration hearing where the two sides meet and attempt to come to a settlement short of going to trial.
Denver Pre-Existing Conditions for Workers Denials
One of the most common reasons an employee is denied workers’ compensation benefits is because their condition is pre-existing. This simply means that the injury or illness existed prior to coming to work. However, this denial is not the end of the process.
All applicants may appeal this denial and an experienced pre-existing conditions lawyer can assist. An attorney aims to help individuals receive every dollar to which they are entitled due to an injury or illness that happens at work.
In cases where an insurance company claims that an injury is pre-existing, they may deny the claim outright. Contact a lawyer today to see how they can help you prove your injury happened while at work and collect the benefits you deserve.