How does a preexisting condition impact my Ohio workers’ comp benefits claim?

Our Columbus Workers’ Compensation Lawyer Outlines How to Prove Your Case for Workers’ Comp With a Preexisting Condition

Have you been injured on the job, only to discover your claim might be denied due to a preexisting condition? This scenario is all too common for Ohio workers, leaving many frustrated and uncertain about their rights. 

At Monast Law Office, we understand the stringent guidelines established by the Ohio Bureau of Workers’ Compensation for claims involving aggravated preexisting conditions. Don't lose hope—you may still be eligible for workers’ comp benefits. This article looks closely at what to expect in the process and what we’ll do to help protect your claim.

What Qualifies as a Preexisting Injury in Ohio Workers' Compensation Cases?

Basically, it’s any medical condition that existed before a work-related incident. These can include:

• Chronic conditions. Long-term health issues such as arthritis, diabetes, or heart disease that work activities may aggravate.
• Previous injuries. Past problems that have left lasting effects, like an old sports or car accident injury.
• Deteriorating conditions. Age-related wear and tear on the body, like degenerative disc disease or osteoarthritis.
• Congenital issues. Birth defects or genetic conditions that may impact a worker's physical capabilities.
• Mental health conditions. Preexisting mental health disorders that could be aggravated by work-related stress or trauma.

Understanding what qualifies as a preexisting injury is crucial to anticipating what might happen in your circumstances. Insurers often scrutinize these claims closely, so it's essential to have complete documentation of your medical history and how it relates to your current work-related injury or illness.

How Preexisting Conditions Impact Ohio Workers' Compensation Claims

Remember: if you’re a qualified employee and meet the eligibility requirements, you can file for workers' compensation benefits if your preexisting condition is aggravated or worsened by work-related activities. 

However, there are five key points to remember: 

1. Ohio Revised Code Section 4123.01(C)(4) states that a preexisting condition must be "substantially aggravated" by the work injury to be compensable.
2. As the injured worker, you must provide objective evidence demonstrating a substantial aggravation of the preexisting condition.
3. Ohio doesn’t apportion liability between preexisting conditions and new injuries. The claim may be fully compensable if the work-related incident substantially aggravates the condition.
4. Detailed medical records and expert opinions are crucial in establishing the link between work activities and the aggravation of a preexisting condition.
5. According to Ohio’s statute of limitations, your claim must be filed within one year of the date of injury. Start immediately by promptly reporting your work-related injury to your employer, then contact our office for a free consultation.  

Proving Your Ohio Workers' Compensation Claim with a Preexisting Condition

While the process may feel daunting, it is possible to obtain benefits despite a preexisting condition. At Monast Law Office, our experienced Ohio workers’ compensation team has helped many workers like you secure the benefits they deserved when work conditions led to pain and injury. 

Here are the steps we recommend to increase your chances of a successful claim. 

• Provide a comprehensive medical history. This includes documentation of your preexisting condition and its status before the work-related incident.
• Obtain expert medical opinions. Our team will help you get statements from medical professionals that link the aggravation of your condition to your work activities.
• Include objective evidence. Present diagnostic tests results, such as X-rays or MRIs that show a measurable change in your condition after the work incident.
• Detail the work incident. Provide extensive accounts of the work-related activities or incidents that led to the aggravation of your condition.
• Gather witness statements. If applicable, collect statements from coworkers or supervisors who witnessed the incident or can attest to changes in your condition.
• Maintain consistent medical treatment. Keep up with all appointments and follow prescribed treatments to demonstrate the ongoing impact of the aggravation.
• Consider functional capacity evaluations. Agree to undergo assessments that measure your ability to perform work-related tasks before and after the aggravation.

How Monast Law Office Can Help With Claim Challenges and Appeals

You can lay out all the facts, but there might still be some hiccups in your workers’ comp claim with a preexisting condition. For example, it’s common to encounter causation disputes, credibility issues, and even requirements to have examinations by insurance company doctors. We’re prepared for these and other tactics.

If your initial claim has already been denied, all the more reason to call us—there are three levels of appeals we can pursue. Whether it takes two months or two years, we won’t quit until we help you get the resolution you deserve.