If i have a pre existing condition do I still have the right to workers comp

Asked 9 months ago - Chino Hills, CA

I was hurt at work two months ago but have been unable to return thus far. I slipped on a greasy floor and reinjured myself. My employer insisted I got cleared for work but after I went to my doctor out of pocket she said she could not clear me because it was a workers comp issue. My employer told the hr department that I was just standing there and collapsed once I talked to them and assured them this was untrue they gave me a workers comp doctor. It has been two months and now they are saying due to discrepancies with my story and there's my claim is on a 90 day hold. Since I have a preexisting condition is this worth pursuing?

Attorney answers (4)

  1. Marjory Harris

    Contributor Level 14

    8

    Lawyers agree

    Answered . You can bring a claim even if you have a preexisting condition if it made it worse. See http://www.wcwebzine.com/a-z/aggravation.htm
    Whether it is worth pursuing depends on whether the accident made the preexisting condition significantly worse, etc. You have not said what you injured so it is hard to answer this.

  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Yes. Retain a local workers compensation lawyer. Avvo has a terrific "find a lawyer" tool to located a top-rated Avvo attorney with a low contingency fee. Good luck.

    Licensed & have offices in PA & NJ ONLY. (Philadelphia, PA & Marlton, NJ)
  3. John M Connell

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . Yes as long as the pre existing condition was aggravated by the work activity. It can affect how the claim is handled by the insurance co, and it may be denied, so talk to a workers compensation attorney near you.

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful"... more
  4. Thomas Collins Leaf

    Contributor Level 10

    4

    Lawyers agree

    Answered . yes you can. if you were employed and the injury arose out of work related duties or activities then you have a claim and the employer is stuck with whether or not your preexisting condition was aggravated. That is one of the chief differences between PI and WC. Talk to a lawyer.

    This response is to a question posed in what is considered to be a hypothetical situation. The response is for... more

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