Having a pre-existing condition can make it challenging to file a workers' compensation claim. Part of the process is establishing a clear link between your work environment and what exacerbated your condition, which is easier said than done. Here are some tips that will get you through it so that your claim is approved.
Gather Medical Documentation
The more expert opinions you can get to prove that your work environment made your preexisting condition worse will further prove your case. It is worth seeing medical professionals before your claim to help provide an expert opinion. You'll need information about what your condition was like in the past, and medical documentation about how the condition worsened due to the type of work that you do. For example, having to perform a repetitive motion can worsen an injury if there is no way to do your job without performing that motion.
Outline Your Job Duties
You need to prove that your job is what made a preexisting condition worse, which means writing a detailed description of your job duties. Explain the physical nature of your job so it is clear what kind of physical movement you do and how it is unavoidable. Be as detailed and accurate as possible, and assume that the person reading the description knows nothing about your job.
Get Witness Testimonies
Sometimes it is not enough to outline the details of your job to understand how it can make an injury worse. It will help to have witness testimonies that can help backup your claim. For example, you may have a co-worker that witnessed how your injury became worse over time, and can vouch for the fact that you were not always bothered by your pre-existing condition. Surveillance footage can help prove how your daily responsibilities can contribute to your injury, as well.
Hire Legal Representation
Some workers' compensation claims are quite easy to prove how the injury happened at the workplace. It could be something as simple as a box falling onto someone, a slip and fall, or a machine malfunction that cannot be disputed. You may be able to fill out the paperwork on your own in these examples.
However, an aggravated pre-existing condition can be a challenge to fight for. Work with a lawyer that specializes in workers' compensation cases so that you get all the legal assistance you need. They've handled cases like yours in the past, and know what needs to be done to win your case.
To learn more about how a workers' compensation lawyer can help you, contact a professional near you.