Busted But Not Responsible? Tips For Your Defense

If you've been arrested for a crime you didn't commit, you need to defend your legal rights. You have the right to an attorney who can help you present your case. After being wrongly accused of something myself, I learned quickly how to navigate the legal avenues to have my case dismissed. My attorney was a great resource for building the case, and because of my understanding of the law, it worked. I created this site to share what I learned along the way and some other great tips for others who have been wrongly accused and arrested for a crime.

How Your Pre-Existing Condition Can Impact Your Workers' Compensation Claim

Law Blog

Workers' compensation is designed to protect you from injuries that happen while you're working for your employer and you are not at fault. This can include things like slips and falls, burns, lacerations, and fractures. However, an injury is not always 100% attributed to your employer. This is because pre-existing conditions can play a big role in your workers' compensation case.

What Is A Pre-Existing Condition?

It's important to know what is actually considered a pre-existing condition. This is a condition that has been documented by a doctor and can be linked to something other than your employment. This is often the case when someone has a back injury from a previous slip and fall or a chronic illness like asthma. Any pre-existing condition must be documented when filing for workers' compensation, so it's important that you are thorough and honest. 

How Are Workers' Compensation Claims Affected By A Pre-Existing Condition?

Pre-existing conditions can be used against you when filing for workers' compensation. The insurance provider is going to try to link any condition that you have to the injury that you sustained. In the example of having an existing back injury, it may be argued that a slip and fall accident at work only aggravated the existing back injury and did not cause it. The purpose of linking the two is to ultimately reduce how much workers' compensation you are owed. 

It's possible for your benefits to be reduced by a percentage based on that pre-existing condition. In the slip and fall example, the actual slip and fall may have been caused by a spill that the employer should have cleaned up, so the insurance company may accept that the employer holds 100% of the responsibility in that regard. However, a potential argument is that an existing back injury was aggravated and that the employer should only be partially responsible for the new injury. The insurance provider may try to only give you 75% of the benefits you should receive.

How Do You Protect Your Workers' Compensation Claim? 

There are two things that you must do to protect your claim: disclose pre-existing conditions and visit the doctor immediately after an accident. This will help link the recent injury to a new condition or provide more evidence for the employer being the cause. If you do not agree with how the insurance provider is limiting your compensation, then you can work with a workers' compensation lawyer to advocate on your behalf to receive the compensation you deserve. 

Contact a workers' compensation lawyer for more information. 


28 March 2023