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According to a Kaiser Family Foundation poll, 53 percent of adults report they or someone in their household has a pre-existing condition. Unfortunately, workers' compensation can be denied to employees who need it the most. If your pre-existing condition is aggravated at work, you may struggle with pain and suffering, medical bills and other issues: Are you able to be compensated?

Why some employers turn down claims 

A pre-existing condition is a medical condition or injury that is present before you start employment. This is a common defense for employers who don't want to pay out.

For example, a few years back, you slipped on ice during your shift. You received workers' compensation, then completed surgery and physical therapy. Now you are working for a new company and you reaggravate your old injury while performing your new job. You have a right to seek workers' compensation. They may argue that your injury happened before they hired you, even though the aggravation of the injury occurred during your employment with them. What if your claim is denied by your current employer?

Why you deserve compensation

Simply put, if the work accident caused aggravation of the prior condition, then what is aggravated should be covered. Your employer is responsible for what was aggravated by an accident that happened during your employment. It is up to the doctor to clarify the extent of your aggravation.

Next steps to pursuing workers'compensation

A work-related injury that overlaps with a pre-existing condition is more complicated to claim. To place faith in an insurance provider for compensation is not always enough. If an insurer denies your claim due to your pre-existing condition or injury, you have a right to take that case to court. A good first step is to give a statement to the insurance company with the help of legal counsel. From there, many people find success in receiving workers' compensation with a doctor's testimony and strong evidence.

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Rosenberg, Kirby, Cahill, Stankowitz & Richardson
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Toms River, NJ 08753

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