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santa clara workers compensation lawyerMost people struggle with one or more medical conditions at some point in their lives. Whether you have an old sports injury, a degenerative disease, or hearing or vision problems, managing the condition’s symptoms may be a constant struggle. So what happens when work tasks aggravate an existing medical concern? Is the injured worker entitled to financial compensation through workers’ compensation? Is the worker barred from financial recovery because he or she had the condition before being hired?

California Workers’ Compensation Typically Covers Aggravation of Pre-Existing Conditions

Many people assume that they cannot get workers’ compensation for a medical issue that existed before starting their job. Fortunately, California workers’ compensation does cover situations in which a person’s job worsens a pre-existing medical problem. Unfortunately, it is often difficult to get the compensation you need for a pre-existing condition. To get reimbursement for medical bills and lost wages through your employer’s workers’ compensation insurer, you must prove that:

  • Your medical condition was aggravated or worsened by your job duties

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CA work injury lawyerFortunately, employees who are hurt on the job in California typically have access to reimbursement through workers’ compensation. While the law entitles most injured workers to compensation for medical expenses and a portion of their lost income, successfully obtaining this compensation is not always easy. There are specific steps an injured worker must take to get compensation after a work injury. Additionally, some mistakes can derail the process of obtaining compensation.

Mistakes That Can Impair Your Ability to Get Workers’ Compensation After a Work Injury

Work injuries can occur during a sudden accident such as falling, or slowly over time due to repetitive motions like bending or twisting. Whatever the cause, a work injury can damage your ability to earn a living. These injuries may also lead to steep medical expenses. Ideally, getting the compensation you need for these financial losses would be straightforward. Unfortunately, obtaining workers’ compensation is sometimes quite challenging. To give yourself the best chances of getting adequate compensation after a work injury, avoid these mistakes:

  • Incorrectly reporting the injury – If you are hurt at work, tell your supervisor immediately. Fill out the appropriate incident forms or other paperwork. If you wait too long to report the injury or do not have a paper trail to show that you reported the injury, it can be hard to prove the timeline of the injury.
  • Not following the doctor’s orders – For many people, going to the doctor is something that they avoid at all costs. However, not getting proper medical care after a work injury can significantly damage your ability to get compensation. The insurance company may claim that neglecting to get appropriate medical care proves that your work injury is not as severe as you claim.
  • Accepting an inadequate settlement – Save for very specific exceptions, injured workers have a right to workers’ compensation per California law. Do not accept an unreasonably low payment. Speak with a workers’ compensation lawyer for help if you feel that you are being offered an inadequate workers’ compensation settlement. Your lawyer can help you negotiate the settlement or file an appeal if your workers’ compensation claim is denied.

Contact a Hollister Workers’ Compensation Lawyer

At Cramer & Martinez, LLP, we understand the obstacles that many workers run into when trying to get workers’ compensation. Our team of skilled San Benito County workers’ compensation attorneys can help you with filing a claim, negotiating a settlement, appealing a denied claim, and much more. Call us at 408-848-1113 for a confidential consultation today.

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