California’s workers’ compensation system benefits employees who have suffered work-related injuries or illnesses. However, many people don’t know that if you have a pre-existing condition worsened by a work-related injury or illness, it does not automatically exclude you from receiving workers’ compensation benefits. Teaming up with an experienced workers’ compensation attorney, like those at Eason & Tambornini, can help ensure you receive the maximum benefits California Labor Law allows.
Understanding Workers’ Compensation in California
Regarding pre-existing conditions and workers’ compensation in California, it’s essential to understand a few critical facts that could affect your benefits. The first and most important thing to understand is that injured workers are not automatically excluded from collecting workers’ compensation benefits. In California, workers’ compensation law states that an injured worker with a pre-existing condition may still receive workers’ compensation benefits if the work-related injury or illness is a substantial cause of the disability or need medical treatment.
Here are four other important terms and facts to know about workers’ compensation and pre-existing conditions:
- Apportionment: If it is found that a pre-existing condition is a contributing factor to a worker’s disability or need for medical treatment in part, an employer may request that benefits are altered to reflect that only some portion of the worker’s condition was caused by the work-related injury or illness. This can sometimes be tricky, requiring close attention to detail and scrutiny of supporting documentation.
- The “Take-Nothing” Defense: Sometimes, an employer may argue that the pre-existing condition was solely responsible for the injury or illness, not the work-related incident. The good news is that the burden of proof is often on the employer to show that the worker’s injury or illness did not occur due to their work-related duties. However, employees in this situation must seek advice from an experienced workers’ compensation attorney to help them understand their rights and options.
- Aggravation of a Pre-existing Condition: If a work-related injury or illness aggravates a pre-existing condition, the injured worker may be entitled to workers’ compensation benefits for the extent of the aggravation.
- Medical Evidence: To establish a claim for workers’ compensation benefits, the injured worker must provide medical evidence to show how the work-related incident contributed to the cause of their injury or illness. The employer may challenge this evidence and, in some cases, require the worker to undergo an independent medical examination.
What It All Comes Down To
Suppose you have a pre-existing condition and suffer a work-related injury or illness. In that case, speaking with an experienced California workers’ compensation attorney is essential to help you navigate the system’s complexities and ensure you receive the benefits you are entitled to. As you can see from the information above, workers’ comp in California is not a cut-and-dry situation. Additionally, some employers may need to understand the system better; what may seem like unfair treatment may require more understanding.
It is the job of the experienced team of workers’ compensation attorneys at Eason & Tambornini to help you through the process while unearthing all the relevant details to make sure you are paid fully and fairly according to California Labor Law. Call us today for a free, no-obligation consultation to determine where you stand.
