QUESTION
Can employers write off an accident as a preexisting condition? How?
Asked on Jun 04th, 2015 on Personal Injury - Georgia
More details to this question:
My husband suffered a pretty bad work related accident. He fell and his knee was badly injured. The thing is, my husband has had surgery on his knee in the past. He injured his knee and got surgery in 2011. He is currently receiving physical therapy and is scheduled to get an MRI soon. His boss has informed him that if the MRI indicates that his meniscus has been torn, then they will be able to avoid workers compensation or any lawsuits. They say that this will be a preexisting condition. Can they legally do something like this?
12 ANSWERS
Ronald A. Steinberg
Under Michigan law, if a person sustains an illness or injury (including the worsening of an underlying condition) during the course and scope of the employment, it is a workers compensation case. The employer is stuck for the medical expenses and lost wages during the recuperation period. Get an experienced comp lawyer.
Answered on Jun 05th, 2015 at 12:05 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Expert medical evaluation and opinion is needed to assess personal injury and disability and to apportion it amongst the various alleged competing causes.
Answered on Jun 04th, 2015 at 7:04 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Your best bet is to consult a Workers Comp attorney. Use the yellowpages or check online (e.g. on Avvo.com). The facts and the applicable law are too complex for a simple answer from this site.
Answered on Jun 04th, 2015 at 5:24 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Aggravations of pre-existing conditions are covered events. If the insurer denies coverage, call a lawyer.
Answered on Jun 04th, 2015 at 4:38 PM
Edwin K. Niles
This is a medical issue, to be decided by the doctors, not by the employer.
Answered on Jun 04th, 2015 at 4:36 PM
Your Husband needs to retain a Worker's Compensation attorney.
Answered on Jun 04th, 2015 at 1:47 PM
Thomas Edward Gates
It takes a doctor to determine whether the degree of injury to the knee was compounded by the prior injury. Basically, was he declared "fit" after the 2011 accident? You husband may want to talk to a personal injury attorney. There are many that specialize in work related claims. Most offer free initial consultation.
Answered on Jun 04th, 2015 at 1:27 PM
James Eugene Hasser
And aggravation of a pre-existing condition is considered to be a new injury under Comp law.
Answered on Jun 04th, 2015 at 1:27 PM
generally, employers are not liable for pre-existing conditions, but this question is too complicated for the analysis required to give you a reliable answer. You should consult with a workers' comp attorney in your area.
Answered on Jun 04th, 2015 at 1:26 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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His boss has no business talking to him about this at all. The employer's lawyer should take this up with your husband's lawyer. That's what we do, that's what we're for. If the boss even mentions this again, your husband should politely say: "Let's not tak about this, let's just let the lawyers handle it" It will come down to medical evidence: as you mention, your husband did indeed have a previous injury to that knee, and often, such conditions do become worse over time. But if your husband's doctor backs him up and your husband's lawyer is able to use that evidence effectively, then the Comp Board may rule in your husband's favor.
Answered on Jun 04th, 2015 at 1:01 PM
Yes and no. Your husband needs to work with an attorney. The attorney will explain the possibility of recovery.
Answered on Jun 04th, 2015 at 12:48 PM
Workers Compensation Attorney serving Atlanta, GA
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The Law Offices of Laura M. Lanzisera
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You need obtain a WC lawyer asap. If your husband aggravated his condition the current employer/insurer should be liable. But you need to get doctor who will be helpful. Your lawyer can help you select best doctor.
Answered on Jun 04th, 2015 at 12:47 PM