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How Preexisting Conditions Affect Your Workers Compensation Claim

Worried about your workers’ compensation claim being denied due to your preexisting condition?

Workers’ compensation laws can be confusing because of the difficult claims process. Adding preexisting conditions to the mix can make these types of cases even more complex. 

Many insurance companies will try to deny workers’ comp claims by putting the blame on a victim’s preexisting conditions. While this can feel frustrating and unfair, know that you don’t have to go through it alone. 

Our local family Colorado workers’ compensation attorneys are ready to fight for your rights so you get the compensation you deserve and avoid being discredited by insurance companies who refuse to pay. 

What Are Preexisting Conditions?

Preexisting conditions are any health issues that you had before your work-related injury occurred. These medical conditions can range from chronic diseases like diabetes and hypertension, to previous injuries like back sprains or joint injuries. 

Preexisting conditions are not just limited to physical ailments - mental health issues like anxiety and depression are also considered. 

Here are some ways preexisting conditions pose a challenge for workers’ comp claims:  

Insurance Company Tactics

Insurance companies often attempt to deny claims or reduce compensation by arguing that the preexisting condition is responsible for the injury rather than the workplace incident. 

In situations like these, insurance companies often use delay tactics like repeatedly requesting documentation or postponing hearings until people give up their cases altogether due to frustration. 

They can also throw lowball offers that people end up accepting due to financial desperation or frustration from the lengthy claims process that are worth far less than what the person was entitled to receive. 

Lack of Medical Evidence 

Establishing a clear link between your work-related incident and injury requires documented medical evidence.
To stay healthy and safe, and to prevent insurance companies from pushing the blame on your preexisting condition, it’s important to seek immediate medical attention after work incidents take place. This creates a medical record of your injury which is important evidence needed for your case. 

It’s also important to follow your doctor’s instructions, to maximize your benefits. 

Legal Complexities 

Workers’ compensation laws can vary from state to state, all having different stances on preexisting conditions. 

Getting legal representation that is knowledgeable on the laws in your state will help you navigate these complexities, while helping you get the fair treatment and full compensation that you deserve. 

Our Colorado Workers’ Compensation Attorneys Won’t Let Preexisting Conditions Prevent You from the Compensation You Deserve!

Navigating a workers’ compensation claim involving a preexisting condition can be challenging, but not impossible if you have the right legal support on your side. 

Our local Colorado workers’ compensation attorneys serving Denver, Glenwood Springs, Colorado Springs, and many other surrounding cities are committed to advocating for your rights, making sure you get fair treatment, and securing the compensation you deserve. 

Reach out to us today to discuss your case and take the first step toward your compensation! 

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- Jeff (2015)

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- Jeff W. (2022)

"Kaufman and Kaufman represented me in a workman’s comp case and I couldn’t be happier with their service. They were very professional and gave me the personal service I was relying on. I hope I never get in that kind of situation again but if I do the Kaufman’s would be the firm I’d call. I highly recommend them."

- Erik (2022)

"Couldn't have asked for a more compassionate and thorough legal representation! Matt was so patient in taking the time to explain everything. The entire staff was incredible. I felt bolstered and validated throughout. I would recommend K&K to anyone going through a dark time with a debilitating injury.. they truly do care about their clients."

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- JB (2022)

"The Kaufman team is very professional and knowledgeable about the work comp laws . They guided me in every step of the process, and if I ever have to do this again , they would be my first call. Without them i wouldn't have been able to pay my bills, and provide for my family. Thanks again to Kaufman and Kaufman for allowing my family to survive."

- Joshua (2022)