In Alabama, pre-existing medical conditions can significantly impact workers' compensation claims. A pre-existing condition is an injury or illness you had previously been diagnosed with before your current work injury or illness. Some examples include prior back injuries, herniated discs, arthritis, asthma, and soft tissue injuries.
If you have a pre-existing condition and have yet to pursue a new workers’ compensation claim, an Alabama workers’ compensation attorney can help to gather evidence to support your initial claim. If you have already filed a workers’ comp claim and received a denial or inadequate benefits due to pre-existing conditions, you should immediately seek assistance from trusted attorney Matt Matthews.
Workers’ compensation benefits in Alabama come from your employer’s insurance provider, and the insurer must approve your claim for benefits before you receive funds. Unfortunately for injured workers, many insurance companies deny or limit benefits whenever possible.
Insurance companies often deny workers' compensation claims if a pre-existing condition is deemed a significant contributing factor to your current injury. This is a complex and contentious issue in workers' compensation cases. The insurance company may argue that your pre-existing condition, rather than the workplace incident, is primarily responsible for your disability, need for treatment, and inability to work.
To contest such denials, it's crucial to seek legal representation. A skilled workers' compensation attorney can build a compelling case, gather evidence, and challenge the insurance company's assessment. Your lawyer may use medical records, expert opinions, and other documentation to demonstrate that the workplace injury aggravated or worsened the pre-existing condition, making it a compensable claim.
Even if a pre-existing condition is a factor, it doesn't necessarily mean the claim will be denied. Alabama law acknowledges that aggravation of a pre-existing condition by a workplace injury can still warrant workers' compensation benefits. The key is establishing a clear and direct link between the work-related incident and the exacerbation of the pre-existing condition.
If a work-related injury exacerbates a pre-existing condition, your attorney can fight for workers' compensation benefits to cover the exacerbated part of your condition. For example, if an employee with a prior back injury experiences a worsened condition due to a workplace incident, they may be eligible for compensation.
If you need additional medical treatment or time off work you otherwise would not have needed, you should receive benefits. However, you must prove that the aggravation stemmed from your work activities; the mere fact that your condition was aggravated at work is not enough on its own.
Navigating the legal complexities of workers' compensation claims involving pre-existing conditions requires a thorough understanding of Alabama's specific laws, regulations, and insurance processes. By consulting with our experienced workers' compensation attorney from the Law Office of Richard F. Matthews, Jr., you can ensure your rights to proper benefits are protected.
Contact us today to discuss your situation and options for free.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
The Law Office of Richard F. Matthews, Jr. serves Montgomery County, Pike County, Elmore County, Autauga County, the River Region of Alabama and throughout the State of Alabama, including Montgomery, Troy, Wetumpka Prattville, Selma and Tuskegee. No attorney-client relationship is established by requesting a consultation or emailing Attorney Richard F. Matthews, Jr.. Information submitted in such communication is not privileged and may be subject to disclosure.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
The Law Office of Richard F. Matthews, Jr. serves Montgomery County, Pike County, Elmore County, Autauga County, the River Region of Alabama and throughout the State of Alabama, including Montgomery, Troy, Wetumpka Prattville, Selma and Tuskegee. No attorney-client relationship is established by requesting a consultation or emailing Attorney Richard F. Matthews, Jr.. Information submitted in such communication is not privileged and may be subject to disclosure.
All Rights Reserved | The Law Office of Richard F. Matthews, Jr. LLC.
Website Developed by Tommy House Studios | Powered by LaunchCMS.com