Pre-existing Conditions Lawyer in Jackson, Mississippi

If you are hurt while working in Jackson, Mississippi, you may be eligible for workers’ compensation benefits. This is likely to be the case even if you had a pre-existing medical condition and an accident at work aggravated or made a prior medical problem worse. Let our compensation lawyers in Jackson, MS take care of your injury cases. 

No one can claim to be in perfect health. Aches and pains are common experiences, and they tend to get worse as we get older.

What you need to know about pre existing conditions

The Affordable Care Act (ACA) made it illegal for insurance companies to charge people with pre-existing diseases higher premiums or refuse coverage altogether. The restriction, which went into effect in January 2014, marked a significant departure from previous practices of insurance companies, under which applicants who were unwell were routinely rejected or priced out of coverage. In a nutshell, pre existing problems are medical issues that have already been present in the covered person before the beginning of their coverage.

What Kind Of Impact Does Having A Pre-Existing Condition Have On A Workers’ Compensation Claim In Mississippi?

In the vast majority of instances, pre-existing conditions do not have any bearing on the legitimacy of these claims from a legal standpoint. According to the eggshell skull rule, insurance firms are prohibited from using a victim’s physical or other vulnerabilities as a pretext to minimize or refuse compensation under any circumstance. The diagnosis and management of occupational injuries are frequently complicated by the presence of a pre existing condition.

An attorney for Jackson workers’ compensation can, in most cases, secure wage replacement and reimbursement of medical bills for their client, even if the victim has a pre existing medical condition. 

The majority of workers’ compensation plans reimburse the injured worker for two-thirds of their typical weekly earnings for as long as they are totally and temporarily unable to work. In certain circumstances, one may choose to participate in an alternative form of compensation. 

Medical bill payment benefits typically cover all medical expenses that can be considered reasonably required, beginning with the first moment of hospitalization and ending with the last session of physical therapy.

Legal Issues

Pre-existing conditions attorneyTypically, the eggshell skull rule applies when an occupational injury aggravates a pre existing condition. This notion is not applicable if the contrary occurred. Frequently, the line between the two is very thin.

Typically, a clinician can connect problems to specific incidents with relative ease. For instance, if Al has a damaged knee that only hurts after he twisted it at work, the eggshell skull rule is clearly applicable. But if Al’s knee hurt before he twisted it at work, obtaining full compensation is more difficult.

The “expert” witness for the insurance company typically asserts that Al’s pre existing knee condition worsened as a result of his work-related injury.

There are two positive developments. First, the burden of proof in these cases is rather low. Therefore, a small amount of proof goes a long way. The same holds true for the credibility of witnesses. A slight scuffle during an intensive cross-examination, which typically occurs at administrative appeal hearings, could undermine a witness’s testimony.

Even if the eggshell skull rule is not applicable, the victim is nonetheless compensated. S/he just gets less remuneration.

A list of pre existing conditions

Prior to the enactment of the Affordable Care Act, insurers often established their own lists of preexisting conditions, which either precluded applicants from coverage or substantially increased the cost of their coverage. Based on these pre-ACA health benefits, the following are instances of preexisting conditions that frequently led to rate hikes for applicants on the individual market.

  • Acne
  • Recent alcoholism or drug abuse therapy
  • Alzheimer’s
  • Anorexia
  • Anxiety
  • Asthma
  • Basal cell carcinoma
  • C-section
  • Cancer
  • Cardiac illness
  • Celiac disease
  • Elevated cholesterol
  • Crohn’s illness
  • Cerebral palsy
  • COPD/emphysema
  • Chronic heart failure
  • Dementia
  • Depression
  • Diabetes
  • Epilepsy
  • Fibromyalgia
  • Hemophilia
  • Hepatitis C
  • Joint inflammation disease
  • Kidney stones
  • Lupus
  • Migraines
  • Myotonic dystrophy
  • Obesity
  • Organ transplant
  • Paralysis
  • Parkinson’s illness
  • Postpartum depression
  • Pregnancy
  • Renal failure
  • Rheumatoid joint disease
  • Seasonal affective affliction
  • Sleep apnea
  • Stroke

Obtaining workers’ compensation despite having a pre existing condition

As we age, it is inevitable that our bones, joints, and muscles will weaken and deteriorate. We are occasionally injured in automobile accidents and mishaps at home, school, or elsewhere. Sometimes, we have multiple workplace injuries to the same body area, perhaps years apart.

As long as you have not lied about a previous condition or attempted to conceal it from your employer, you are likely eligible to workers’ compensation if you are injured in a workplace accident that:

  • Exacerbates a preexisting condition
  • Aggravates a previous injury
  • Brings back an old injury
  • Deteriorates bodily health.

Dial the number for the Rollins Law Firm. We will do all in our power to prevent the denial of your workers’ compensation claim on the grounds that you have a pre-existing condition.

Since its founding, Rollins Law Firm has been providing assistance to injured employees in the Jackson, Mississippi area. Even though some of our clients had a pre-existing medical condition, we were nonetheless successful in obtaining compensation for them in these circumstances.

What If My Claim Is Denied?

Find out why your workers comp claim was denied. The following are some of the most common grounds for a denial of workers’ compensation benefits:

  • The injury was not reported promptly: State rules govern how quickly you must report an injury to your supervisor, usually within a few days.
  • The claim was not submitted promptly: State regulations also establish deadlines for submitting an initial claim, generally ranging from 30 to 90 days.
  • Employer contests claim: Your employer may argue that the injury occurred outside of work, was the consequence of horseplay, or other disqualifying factors.
  • In many areas, claims for stress-related injuries, for example, are very hard to determine.
  • There is no medical treatment: You must seek medical attention to get workers’ compensation payments in most circumstances.
  • Lacking proof that the damage is work-related: Although it is not always evident if an injury occurred at work, further medical examination and extra proof may aid your case.

Now that you know why your worker comp claim was rejected, and if you believe it was merely due to incorrect documentation or anything similar, you should call the claims adjuster to see if you can resolve the issue.

However, unless your employer or the insurance provider committed a genuine error and acknowledges it, this path is unlikely to be effective. More than likely, you’ll have to consider filing an appeal. Your compensation lawyer can help you get the maximum workers compensation benefits you are entitled to. Call The Rollins Law Firm now for representation on your workers compensation claim.

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