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Does workers' compensation cover pre-existing conditions?

The phrase "Claim denied due to pre-existing condition" is one of the scariest in the world of health insurance.

In workers' compensation, pre-existing conditions can present unique legal problems. While the law says an employee injured on the job has a right to receive medical care and have it paid for through worker's compensation, there are some situations where part of the employee's disability may be due to a pre-existing condition, and insurers are known to attempt to deny claims based on pre-existing conditions.

When insurance companies argue "pre-existing condition," enlisting a skilled workers' compensation attorney can make the difference in securing benefits.

You are covered

Few people go through life escaping injury or illness. In workers' compensation, past injuries may or may not affect your case. In some instances, a work injury will exacerbate your pre-existing condition and the pre-existing condition will become part of your new case. In other instances, your disability or permanency after the work injury may be found to be caused by a combination of the work injury and the pre-existing condition and will be apportioned between the two. Lastly, there are instances where the pre-existing condition will not affect your workers' compensation case at all.

How to make the strongest possible case

Effectively fighting to uphold your rights when an insurer claims a pre-existing condition involves understanding the technical nuances of New York workers' compensation law. To make the strongest case possible, work with an experienced workers' compensation attorney.

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