How a Pre-Existing Condition Can Affect Your Mississippi Workers’ Compensation Claim

An injury that occurs in the workplace may cause you to be out of work for several weeks or months, losing income that you need to pay for your daily expenses and medical bills. When this happens, you may be eligible to apply for workers’ compensation to help you get back on your feet after your workplace accident.

However, if you have a pre-existing condition, the process for obtaining workers’ compensation benefits can be more challenging and complicated because insurance companies are always looking for reasons to quickly deny a claim.

What is a pre-existing condition?

A pre-existing condition is when a person already has a medical illness or injury prior to their new injury or illness. Therefore, if you are applying for workers’ compensation for a new illness or injury but you were diagnosed with another medical condition a couple years ago, you most likely have a pre-existing condition. Here are a few examples of common types of pre-existing conditions:

• Strains
• Sprains
• Knee or shoulder injuries
• Back and spinal cord injuries
• Neck injuries
• Arthritis
• Broken or fractured bones
• Asthma
• Herniated discs
• Torn ligaments
• Diabetes
• Cancer

Is it possible to file a workers’ compensation claim with a pre-existing condition?

Even though it may become a more difficult process to file a workers’ compensation claim with a pre-existing condition, it is not impossible. In fact, a Mississippi workers’ compensation lawyer from Merkel & Cocke, P.A. knows the ins and outs of this process, and we have what it takes to obtain the benefits you are entitled to regardless of your pre-existing conditions. Our attorneys believe you when you are suffering from a work-related injury or medical illness, and the last thing you should have to worry about is paying for your medical bills and receiving income. Instead, you should be able to focus solely on recovering. That is why we are here to give you a helping hand to guide you through the entire process as well as fight for your right to the money you need to get your life back on track after your workplace accident.

The steps you must take to file a Mississippi workers’ compensation claim with a pre-existing condition

There are a few necessary steps that you must take when filing a workers’ compensation claim with a pre-existing condition. This is very important because you not only want to strengthen your claim, but you also want to show the insurance companies that your pre-existing condition is not the condition that is causing you to be out of work. The following are the steps you must take:

• File your claim as quickly as possible: The first couple of days after your injury are critical when it comes to the workers’ compensation process. This is when you should let your employer know about your injury, fill out the required paperwork, and turn it in. According to MS Code 71-3-35, you have 30 days to inform your employer about your injury and two years to file a workers’ compensation claim in the state of Mississippi. However, if you put this off, insurance companies may see this as hesitating, which typically suggests that your injury is not very serious.
• Seek medical treatment right away: After you have been injured at work, you should seek medical treatment for your injuries. Your doctor will assess the wounded areas and go over the treatment plan that may be needed to help you heal. If applicable, they will also explain how your new injuries have affected your pre-existing conditions. However, the most important part is that your doctor will keep a medical record showing that you visited them for medical treatment, which is beneficial when filing a workers’ compensation claim.
• Complete and turn in any requested medical forms and documents: Your employer and insurance companies will most likely request several medical forms and documents from you. While you may not want to be bothered during your recovery, it is crucial that you fill out and turn in these forms as soon as possible. This means that you should get an independent medical examination if required as well as follow your doctor’s orders when it comes to your medical treatment plan. Most employers and insurance companies want documents showing proof that you have done so. Therefore, your compliance is absolutely necessary.
• Be 100% honest and truthful regarding your new injury and pre-existing conditions: If you are asked about your pre-existing condition, you may think that it is wise to hide this information. However, you need to be completely honest and truthful about your past injuries and illnesses. If you fail to do this, there is a good chance that your workers’ compensation claim will be denied.
• Provide as much information and details as possible: When you are meeting with your doctor, you should elaborate on the pain or challenges your new injury has caused your pre-existing conditions. If you are not having any issues with your pre-existing conditions, you should let your doctor know this information as well. Providing as much information and details as possible will benefit your workers’ compensation claim tremendously.
• Hire an experienced and skilled workers’ compensation attorney immediately: This may end up being the most important step. While you may think that you can handle your workers’ compensation claim on your own, hiring an attorney immediately after your workplace to help you navigate this difficult process is a very smart idea. Individuals who have pre-existing conditions often face special problems when filing a workers’ compensation claim. That said, a workers’ compensation lawyer will know how to handle these challenges as well as what to do to fight for the compensation you deserve. Insurance companies will do everything they can to deny your claim, which is why you need a legal team who will remain by your side to ensure that this does not happen.

If you have a pre-existing condition and have been injured on the job, the Mississippi workers’ compensation lawyers at Merkel & Cocke, P.A. are here to help you. We know and understand the hardships you are going through, which is why we will make sure the workers’ compensation process is as smooth and stress-free as possible for you. Call our office or submit our contact form to schedule your free, no-obligation consultation at your earliest opportunity. Our attorneys proudly serve clients in Jackson, Clarksdale, Greenville, and Oxford, and we are ready to stand up for your right to receive the maximum benefits for your lost wages and medical costs today.