How Pre-Existing Conditions Impact Worker’s Compensation
If you have been injured in a workplace accident, you are generally entitled to worker’s compensation benefits regardless of who was at fault for the accident.Workers’ compensation benefits are paid by the employer’s insurance company, but it is the employee’s obligation to file a claim for worker’s compensation benefits.
Moreover, employers are generally required to provide worker’s compensation for those workplace injuries that are exacerbations of a pre-existing condition. Despite the fact that prior non-workplace injuries generally should not affect your ability to collect worker’s compensation benefits for a workplace injury, many worker’s compensation insurance companies will seek to limit worker’s compensation benefits based on the pre-existing condition. For this reason, it is critical to consult with a skilled worker’s compensation attorney like the Chicago workplace accident lawyers at Ankin Law Office, LLC. We can help advocate on your behalf to get you the worker’s compensation benefits to which you are entitled.
In order to properly file a worker’s compensation claim, the injured employee must let his or her doctors and the insurance carrier know about the pre-existing medical condition or prior injury. The failure to do so could seriously hinder his or her right to worker’s compensation benefits, and could also subject the injured employee to fraud charges.
Pre-Existing Conditions and Disability Benefits
Many times people who have pre-existing medical conditions, such as cancer or diabetes, are unable to secure health insurance. Fortunately, the Patient Protection and Affordable Care Act requires all insurers to puts an end to discrimination based on pre-existing conditions beginning in 2014. Until that time, individuals with pre-existing medical conditions who are unable to purchase health insurance can use the PCIP.
Since many individuals with pre-existing medical conditions are receiving Social Security disability benefits, such as SSDI or Supplemental Security Income (SSI), the Department of Health and Human Services (HHS) Center for Consumer Information and Insurance Oversight is working with the Social Security Administration (SSA) to inform disabled Americans of their rights with respect to null in light of a pre-existing medical condition.
Committed Legal Counsel to Disabled and Injured Individuals
At Ankin Law Office, LLC, our Chicago accident and injury attorneys focus on helping injured and disabled individuals obtain the compensation and benefits to which they are entitled via worker compensation, Social Security disability, or other legal protections. If you have been injured in a workplace accident or suffer from a pre-existing medical condition, contact our office at (800) 442-6546 to schedule a free consultation with one of our Chicago disability attorneys.