| Workers Compensation |
| General Workers Compensation |
| Pre-Existing Conditions |
| Workers Compensation Benefits |
| Filing a Workers Compensation Claim |
Pre-Existing Conditions
Although employers are considered to take workers in whatever state they come, i.e., whether or not they have pre-existing conditions, this is not necessarily true in workers' compensation claims. As a general rule, workers' compensation is not applicable to pre-existing conditions. However, if you suffer a workplace injury that aggravates your existing physical or mental disorder or infirmity, or accelerates its course, compensation is due to you.
When a disease is aggravated, it may include cases when pre-existing cancers spread from one part of your body to another as a result of your job functions. Acceleration of a disorder may also include situations where an employee with a weakened heart suffers heart failure because the work exposes him or her to an excess of excitement or physical exertion. But if the cause, aggravation or acceleration of your injury is not something that arises out of, or occurs in the course of your employment, and it arises or worsens independently of your work, you will not be able to receive any benefits from the workers' compensation system.
If, however, you have a previous injury which is also work-related, workers' compensation is required to provide full coverage. You may still receive benefits, albeit at a lower-level, if your previous injury was not work-related. If you incurred your earlier injury while in the course of your former work, it is usually up to the respective insurance companies of your current and previous employer to sort out the responsibility for paying your benefits. It is entirely possible they will decide to share the costs.
There may be some workers' compensation carriers that take a more hard-line position and deny your claims for workers compensation outright because of pre-existing conditions. If this is the case, you must file an appeal at once with your state appeals agency. This may be referred to as workers' compensation appeals board or industrial accidents board, depending on your state. Hiring an attorney to assist you in pressing your claim is also a wise and well-recommended option.