Pre-Existing Conditions & Comp Claims
By Jennifer D. Donnelly, Esq.
Suffering an injury on the job leads to a mix of emotions and questions leaving most wondering what steps to take next. Those questions are further complicated when someone has a pre-existing injury or condition and suffers either a new injury to the same body part or a worsening of their prior condition. The worker’s compensation system in Delaware was designed to protect employees who suffer injuries or illnesses arising from the scope of their employment. At its simplest, it is a “no fault” system for ensuring injured workers have access to medical treatment, wage replacement, and compensation for permanent injuries. However, like most things in life, the process to access those benefits is not always simple or straightforward.
Adding to the confusion is a common misconception that attorneys often hear during initial conversations with clients: Does my pre-existing medical condition automatically disqualify me from workers’ compensation benefits? To give you an example, I have had numerous clients with back pain before a work accident, who then further injured their back on the job. Does that disqualify them from receiving workers’ compensation benefits? The answer to that question is: Not always.
With women making up nearly half of the U.S. workforce and employed in diverse industries from healthcare and education to manufacturing and retail, they often face unique workplace challenges that intersect with workers’ compensation claims.
For example, a woman might have back pain during pregnancy or following childbirth that was documented in her medical records. She returns to the workforce and sometime later experiences a sudden increase in her back pain following a heavy lifting event at work. Such a scenario should qualify her for workers’ compensation benefits. Women tend to be overrepresented in certain occupations, such as nursing, teaching, and caregiving, which carry high risks of physical strain or repetitive stress injuries. These roles may aggravate pre-existing conditions such as back issues, carpal tunnel syndrome, or joint issues.
Understanding how pre-existing conditions interact with workplace injuries is crucial for women to advocate for their rights and access the benefits they deserve. To successfully pursue a workers’ compensation claim, the following steps should be taken:
1. Prompt reporting: Report the workplace incident or injury to the employer as soon as possible, as delays can weaken a claim. Clearly document how the incident occurred and what body part was injured. If there were witnesses to the accident, get names and phone numbers at the very least. If a witness is willing to write down what they heard or saw when the accident occurred, ask them to do so.
2. Seek medical attention: Visit a healthcare provider promptly and describe both the workplace incident and the pre-existing condition. Request that the provider document how the work-related event worsened the condition and ask questions to your provider about whether this is a different injury altogether, or an aggravation or worsening of the prior condition. Medical documentation in workers’ compensation cases is crucial.
3. Consult an attorney: Workers’ compensation attorneys like those at Kimmel Carter can help navigate disputes, especially when insurance companies deny claims based on pre-existing conditions. We offer free consultations and work on a contingency basis meaning there is no cost to obtaining the representation you need to advocate for yourself and the benefits you may be entitled to. Often, an insurance company may deny a claim when they are aware of a prior similar condition, hoping that it ends the potential claim. Consulting with an attorney will provide you with expert advice on Delaware’s specific workers’ compensation laws, deadlines, and requirements to assess whether you have a viable and successful workers’ compensation claim.
Empowering all individuals in the workforce, but especially women, with knowledge about workers’ compensation laws is essential to ensuring equitable access to benefits and promoting safer, healthier workplaces.
If you have been injured in a workplace accident, and have questions, contact one of our experienced attorneys at
302-565-6100, for a free consultation to learn how we can support your needs.
Bio
Jen has been an attorney in Delaware for over ten years and has spent the last six years of her career with Kimmel, Carter, Roman, Peltz & O’Neill. Jen specializes in auto accidents, work-related injuries, product liability, wrongful death cases, and toxic tort cases including asbestos and mesothelioma cases.
Jen previously worked for a nationally recognized defense firm where she represented corporations and insurance carriers equipping her with a unique insider perspective that she now uses to advocate for her clients.
Born and raised in Delaware, Jen attended Holy Rosary (Claymont, DE) and is a graduate of Concord High School, University of Delaware, and Widener School of Law. In addition to her professional experience, Jen is a proud wife and mother of three, serves on the Executive Board for Kids’ Chance of Delaware and has volunteered as Guardian ad Litem for minors involved in Family Court proceedings in Delaware through the Office of Child Advocate. She is a member of the Holland Inn of Court, Delaware Trial Lawyers Association, and the American Association for Justice, and has been recognized by U.S. News: Best Lawyers: Ones to Watch™, Delaware Today “Top Lawyers,” and a Delaware Super Lawyers Rising Star.
Testimonial
“During a time when our lives felt like they were falling apart, Jen Donnelly and her team stepped in to help us put them back together again. We were in an accident that damaged much more than property. The heavy weight of fear, worry, and undue stress was lifted when we called them. THAT is the greatest service they did for us. My husband, son, and I are eternally grateful for returning our smiles. We will recommend you to any and all!” ~ Jessica A.
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