Do Pre-Existing Conditions Bar You From Maryland Workers’ Compensation Benefits?
If you have a pre-existing condition, can you be automatically denied workers’ compensation in Maryland? The answer is no, but these claims are often contested.
If on-the-job accidents or injuries aggravated or worsened a condition you already had, you may still be entitled to benefits under Maryland workers’ compensation laws. However, it is not uncommon for insurers to try to deny these claims. Our experienced Maryland workers’ compensation attorney explains your rights and how to deal with common denial tactics.
Maryland Workers’ Compensation And Pre-Existing Conditions
Pre-existing conditions are medical issues you had before suffering on-the-job injuries in Maryland. These include things like old back injuries, arthritis, carpal tunnel syndrome, or past surgeries.
Maryland Workers’ Compensation law acknowledges that workers bring prior health histories with them to the job. You should be covered if your pre-existing condition was manageable before and became disabling due to a workplace accident or repetitive motion. Common ways pre-existing conditions get aggravated at work include:
- Lifting heavy items that aggravate a prior back or knee injury;
- Slips, trips, and falls that worsen joint problems;
- Repetitive tasks that flare up old carpal tunnel or shoulder injuries;
- Stress-related incidents that aggravate mental health conditions.
If filing for workers’ compensation benefits in Maryland with a pre-existing condition, remember that it is not just about when it started, but whether recent work accidents or injuries made it worse.
Common Challenges In Maryland Workers’ Compensation Claims When There Are Pre-Existing Conditions
Unfortunately, employers and their insurance carriers often use pre-existing conditions as an excuse to deny or reduce valid workers’ comp claims. They may argue that your current symptoms have nothing to do with your job or that you were already dealing with the issue before the injury.
Fortunately, Maryland follows the “aggravation rule,” meaning you may still qualify for benefits if work worsens your pre-existing condition. To protect your rights in a Maryland workers’ compensation claim, follow these tips:
- Report any accidents or injuries right away.
- Document what happened in an incident report.
- Seek medical care, even if an accident or injury seems minor.
- Be upfront with the doctor about your medical history and clarify new symptoms related to your job.
- Follow all treatment plans, as failing to do so can be used against you.
- Keep a symptom journal to track what’s new, what’s worsened, and how it affects your job.
Filing a claim involving a pre-existing condition requires strong documentation. Get legal help early, rather than waiting until a denial.
Contact Our Experienced Maryland Workers’ Compensation Attorney To Protect Your Rights To Benefits
In Maryland, insurers often use pre-existing conditions to deny or dispute workers’ compensation claims. At Berman | Sobin | Gross LLP, we deal with these companies and fight to get you the total benefits you are entitled to.
If your pre-existing condition worsens due to your job, contact our office. Schedule a consultation to speak with our experienced Maryland workers’ compensation attorney today to protect your rights.
Source:
mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle§ion=9-101
