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How Pre-Existing Conditions Impact Workers’ Comp Cases

Your pre-existing conditions can be used against you in a court of law! For example, do you have an old back injury? Maybe you broke your arm when you were a kid? Well, now you’ve been hurt at work. And the insurance carrier is saying your injury is “preexisting.” And they aren’t required to cover it.

That’s not exactly true, and here’s why:

The standard for whether your injury is covered by workers’ compensation laws in Missouri. Is whether your work/job was the “PREVAILING FACTOR” in causing your injury. This means, even if you have an old back injury or healed broken bone, most of the time, you will still be entitled to benefits under the Missouri workers’ compensation laws if it can be proved that your job was the main contributor to your injury.  If another factor in your health history could cause the insurance carrier to claim you’re not eligible for compensation. I see this commonly with back and knee injuries. 

One typical example is carpal tunnel. If you are constantly working with your hands at work and develop carpal tunnel syndrome. Your work would technically be the ‘Prevailing Factor.’ However, your insurance carrier may claim that your carpal tunnel is caused by pre-existing conditions. For example, obesity or thyroid problems. The good news is that most of the time if you didn’t have symptoms before your work accident. We can still recover benefits and a settlement for you.

Workers who have been hurt in an accident or developed a repetitive motion injury. Commonly contact me to assist them in their work injury claims. It’s my job to let them know what the law says about their situation and how to help, and I take this responsibility seriously.

To find out more about whether your preexisting injury has any effect on your workers’ compensation claim, reach out for a free case evaluation.

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