(719) 587-1992
(719) 587-1992
Convenience of a Country Lawyer. Results of a Big City Attorney.
You don’t have to travel into the city to get quality legal representation. When you are seriously injured, Larson Law Firm, PC, will fight for the results you need.

Can You Still Receive Workers' Compensation Benefits If You Have a Pre-Existing Condition?

Understanding Workers' Compensation and Pre-Existing Conditions

Workers' compensation benefits are designed to help employees who suffer injuries or illnesses due to their job. However, if you have a pre-existing condition, you may wonder if you are still eligible for these benefits. In Colorado, workers' compensation laws address the issue of pre-existing conditions, but the claims process can be complex. In general, Colorado workers' compensation will cover a new injury or illness that aggravates or worsens a pre-existing condition. This means that if your job duties exacerbate an existing medical issue, you could still be entitled to benefits. It is important to understand that the key factor is proving that your work-related activities directly caused the aggravation of your condition.

Proving Your Claim with a Pre-Existing Condition

Proving that your work-related injury is separate from or aggravated a pre-existing condition requires solid medical evidence and documentation. Here are a few steps to strengthen your claim: 

Medical Documentation: Ensure you have comprehensive medical records that detail your pre-existing condition and how your current job has impacted it. This should include doctors' notes, diagnostic tests, and treatment plans. 

Workplace Evidence: Gather evidence from your workplace that supports your claim. This could include incident reports, witness statements, and any other documentation showing that your job duties contributed to your current medical condition. 

Consistent Medical Treatment: Continue receiving medical treatment and follow all recommended treatment plans. Consistency in treatment shows that you are serious about your health and the impact of your job on your condition. 

In Colorado, the burden of proof lies with the employee to demonstrate that their work activities have significantly contributed to the worsening of a pre-existing condition. Consulting with a workers' compensation attorney can help ensure that you present a strong case.

Common Pre-Existing Conditions Impacting Workers' Compensation Claims

Certain pre-existing conditions are more commonly encountered in workers' compensation claims. These conditions include: 

Back Injuries: Pre-existing back problems can be aggravated by heavy lifting, repetitive motions, or long hours of sitting or standing.

Arthritis: Jobs requiring repetitive movements or physical labor can exacerbate arthritis symptoms. 

Heart Conditions: High-stress jobs or those involving strenuous physical activity can worsen heart conditions.

It's crucial to understand that having a pre-existing condition does not automatically disqualify you from receiving workers' compensation benefits. Instead, the focus will be on whether your job has significantly contributed to the worsening of your condition.

Steps to Take If Your Claim Is Denied

If your workers' compensation claim is denied due to a pre-existing condition, you have options: 

Appeal the Decision: In Colorado, you have the right to appeal a denial. This involves submitting additional evidence or correcting any errors in your initial claim. 

Seek Legal Assistance: A workers' compensation attorney can provide invaluable assistance in the appeals process and ensure that your rights are protected. 

Gather Additional Evidence: Obtain further medical opinions or additional documentation that supports your claim.

Legal Framework for Pre-Existing Conditions in Colorado

Colorado law provides specific guidelines on how pre-existing conditions are treated in workers' compensation cases. According to Colorado Revised Statutes (CRS) Section 8-42-104, compensation is awarded for the disability resulting from the work-related injury or disease, even if it is an aggravation of a pre-existing condition. The critical aspect here is that the work-related injury must be a significant contributing factor to the worsening of the pre-existing condition. 

Insurance companies may try to argue that your current condition is solely due to your pre-existing ailment. However, Colorado courts have ruled that if the work injury exacerbates or accelerates the pre-existing condition, it is compensable. This legal framework underscores the importance of providing detailed and accurate medical and workplace evidence to substantiate your claim.

Role of Independent Medical Examinations

In many workers' compensation cases involving pre-existing conditions, an independent medical examination (IME) may be required. An IME is conducted by a doctor who is not involved in your treatment but is chosen by the insurance company or the employer to provide an objective evaluation of your condition. The IME doctor will review your medical records, perform a physical examination, and provide an opinion on the extent to which your work-related injury has aggravated your pre-existing condition. It is important to be honest and thorough during this examination, as the IME report can significantly impact the outcome of your claim. If the IME report is unfavorable, you may need to seek additional medical opinions to challenge it.

Importance of Legal Representation

Given the complexities involved in workers' compensation claims with pre-existing conditions, having experienced legal representation is crucial. A knowledgeable workers' compensation attorney can help you understand your rights, gather the necessary evidence, and present a compelling case to the insurance company or in court. An attorney can also assist in negotiating settlements, ensuring that you receive fair compensation for your injuries. Workers' compensation cases can be stressful and challenging, but with the right legal support, you can improve your chances of a successful outcome.

Preparing for Your Workers' Compensation Case

Preparation is key to a successful workers' compensation claim, especially when dealing with pre-existing conditions. Here are some additional steps you can take to prepare: 

Keep a Journal: Document your symptoms, treatments, and how your job activities impact your condition. This can provide valuable evidence to support your claim. 

Communicate with Your Employer: Inform your employer about your condition and any limitations you have. This can help establish a record of your condition and how it relates to your job duties.

Stay Informed: Educate yourself about Colorado's workers' compensation laws and your rights as an injured worker. Knowledge is power when it comes to protecting your interests.

If you need help with your workers' compensation claim, especially if you have a pre-existing condition, don't hesitate to contact us. We have the experience and knowledge to assist you in securing the benefits you deserve.
For expert guidance on your workers' compensation case, our workers' compensation attorneys can help you understand your rights and the best steps to take for your specific situation. Reach out to us today to learn more about how we can support you.

Archives

Archives

categories

Categories

CONSULTATIONS ARE FREE, EVEN IF WE DON’T TAKE YOUR CASE — SO DON’T HESITATE TO GET STARTED.

CALL TODAY!

(719) 587-1992
OR REACH US ONLINE TO MAKE AN APPOINTMENT.

what our client’s say

I thought I needed a big city lawyer for my workers’ compensation case, so I hired the Strong Arm. After he took the easy money, he told me I was done. I fired him and took my case to the Larson Law Firm, PC. They fought for me and got another $80,000.

I thought I needed a big city lawyer for my workers’ compensation case, so I hired the Strong Arm. After he took the easy money, he told me I was done. I fired him and took my case to the Larson Law Firm, PC. They fought for me and got another $80,000.

I thought I needed a big city lawyer for my workers’ compensation case, so I hired the Strong Arm. After he took the easy money, he told me I was done. I fired him and took my case to the Larson Law Firm, PC. They fought for me and got another $80,000.

I thought I needed a big city lawyer for my workers’ compensation case, so I hired the Strong Arm. After he took the easy money, he told me I was done. I fired him and took my case to the Larson Law Firm, PC. They fought for me and got another $80,000.

I thought I needed a big city lawyer for my workers’ compensation case, so I hired the Strong Arm. After he took the easy money, he told me I was done. I fired him and took my case to the Larson Law Firm, PC. They fought for me and got another $80,000.

Austin Sisson
Austin Sisson
2024-04-05
Trustindex verifies that the original source of the review is Google.
Mr. Larson and his staff were excellent to work with on my case. They kept me informed at every step, answered all of my many questions, helped me understand early on what this process would be like, and ultimately made an extraordinarily stressful time in my life far easier to manage. The valley is fortunate to have Mr. Larson here. If you are needing legal services and live here in the valley, I absolutely recommend going with him. He is honest, hard-working, and takes all of the time you need to help you navigate your case. I sincerely appreciate all of the work from he and his staff over the past year and a half. Thank you again!
Shirley Atencio
Shirley Atencio
2023-12-14
Trustindex verifies that the original source of the review is Google.
Mr. Larson and staff were great! They kept me updated throughout the process of my case. It’s awesome to have a big time lawyer in our community. I’m grateful for their support, guidance, and hard work,
Willow Wortham
Willow Wortham
2023-05-05
Trustindex verifies that the original source of the review is Google.
He was awesome!
William Drain
William Drain
2019-11-18
Trustindex verifies that the original source of the review is Google.
Mr. Larsen was very professional and helpful. The office is just stunning. Well kept grounds.
Corbin Hales
Corbin Hales
2019-11-07
Trustindex verifies that the original source of the review is Google.
Good

RESPONSIVE AND ACCESSIBLE WHEN YOU NEED US MOST

Unlike larger Colorado law firms that treat their clients as case numbers or files, we treat our clients as individuals with unique injuries and needs. We will meet with you personally to gain a clear understanding of your injury and how it has affected your day-to-day life.

As your case progresses, we will work with you every step of the way. We will take the time to answer all your questions and keep you updated on your case and will even find reputable medical and psychological service providers so you can get the health care you need — and we will make arrangements for them to be paid when your case is over.

LOCATION

319 Ross Ave.
Alamosa, CO, 81101

CONTACT

phone: (719) 587-1992

fax: (719) 587-1934

HOURS

Mon - Thurs 8:30 AM - 4:30 PM

Fri 8:30 AM to 12 PM

© 2024 Larson Law Firm, PC • All Rights Reserved | XML Sitemap | Site Map | Privacy Policy | Terms & Conditions

Powered by: