Does Workers’ Comp Cover Pre-Existing Conditions in Oklahoma?
Oklahoma residents are active, productive workers, but when painful, work-related injuries prevent them from working in their previous capacity or make it difficult to work at all, workers’ compensation is a crucial safety net, providing medical and rehabilitative treatment and compensating the injured worker for lost income.
But what if an employee has a pre-existing condition? Is an Oklahoma employee still eligible for workers’ compensation benefits if they have a pre-existing condition or prior injury?
Contact an experienced OKC workers’ compensation attorney to discuss your rights and determine the best course of action for your claim.
What Types of Pre-Existing Conditions Impact Workers’ Compensation Claims in Oklahoma?
An injury can occur in any work environment. Still, those who perform physical work in industries such as construction, roofing, transportation, agriculture, and warehousing face the most significant risk of workplace injury in Oklahoma. Many injured employees rely on their right to workers’ compensation.
Unfortunately, insurance companies provide these benefits with profit as their primary motive. For this reason, the following common pre-existing conditions can potentially impact an Oklahoma workers’ compensation claim:
- A history of a previous back, neck, or knee injury
- Degenerative disc disease
- Arthritis
- Joint disease
- Previous sports injuries or orthopedic problems
- Car accident injuries
- Respiratory illnesses, such as asthma or COPD
A preexisting condition may make it more difficult to obtain workers’ compensation approval. Still, an experienced workers’ compensation lawyer in Oklahoma can maximize your chances of a favorable outcome in your claim.
Does a Pre-Existing Condition Exclude Me From Workers’ Comp Benefits?
Because workers’ compensation insurance providers are profit-motivated, they look for reasons to deny claims. Having a pre-existing condition or prior injury may give them reason to deny a claim and hope that the injury victim accepts the denial.
Fortunately, a workers’ compensation attorney protects an injured employee’s rights. Just because you have a pre-existing medical condition does not mean you aren’t entitled to workers’ comp benefits in Oklahoma if your job duties aggravated the condition. If your work duties made your pre-existing condition worse than it would otherwise have become, you still have the right to compensation through a workers’ comp claim.
For example, if a construction worker had a herniated disk from a degenerative disc disease but a fall from a scaffolding collapse at a job site worsened the condition, and they require surgery and a temporary or permanent absence from work, they have a right to workers’ compensation benefits because the fall aggravated the pre-existing condition. The employee would still be able to work if the scaffolding had not collapsed.
What Is the Advantage of Hiring an OKC Workers’ Compensation Lawyer in These Cases?
Workers’ compensation denial rates are increasingly common. Getting a workers’ compensation claim approval may be a more challenging legal endeavor for employees with a pre-existing condition, but a skilled Oklahoma City workers’ compensation lawyer can protect your rights and best interests throughout the process. Your workers’ compensation attorney will do the following:
- Examine your past and current medical records, including medical imaging, test results, and doctors’ notes
- Consult with medical experts and occupational therapists to support your case
- Carefully adhere to all filing timelines and pay meticulous attention to paperwork details
- Represent you in a workers’ compensation hearing
If you’ve already received a denial of your workers’ comp claim, an OKC workers’ compensation lawyer can help you file an evidence-backed appeal. Contact an experienced Oklahoma City workers’ compensation attorney from Dan Davis Law at (405) 930-4210 to protect your rights and maximize your claim.