Workers' Compensation Benefits, Preexisting Conditions, And The State Of Massachusetts

27 July 2016
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While workers' compensation may seem like something that is fairly new, it actually has been around for quite some time. In 1908, the United States Congress passed the Federal Employers Liability Act, which was designed to protect railroad employees that were hurt on the job. In the state of Massachusetts, the General Laws of Massachusetts features several titles of laws, including Labor and Industries, which includes a chapter dedicated to workers' compensation. Here is what you need to know regarding workers' compensation and preexisting conditions.

What Is Worker's Compensation?

Workers' compensation is designed to protect you in the event that you are injured at work. So, if you are injured on the job, you may be entitled to receive payment, no matter who was at fault. In the state of Massachusetts, all employers are required to have workers' compensation insurance. The Department of Industrial Accidents takes care of workers' compensation in the state.

What Are Preexisting Conditions?

Preexisting conditions are injuries or illnesses that occurred before the current workplace accident. There are some preexisting conditions that may be aggravated through working, which are worse than others. These conditions include, but are not limited to, carpal tunnel syndrome, back injury, neck injury, anxiety, depression, muscular degenerative disease, loss of vision, loss of hearing, injury to the foot or ankle, PTSD, and shoulder or knee injury.

What Is an Aggravation of a Preexisting Condition?

While you cannot claim workers' compensation benefits solely on a preexisting condition, you can file a claim in the event that the injury at work caused the preexisting condition to become worse. You will need to prove that the injury you sustained at work has aggravated a preexisting condition that you already have. For instance, if you worked a construction job and a beam hit you, if you already had a preexisting back injury, being hit by the beam may likely cause aggravation to your back injury.

What If Your Claim Is Denied Based on a Preexisting Condition?

In some cases, the insurance company may deny your claim based on a preexisting condition, claiming that the injury you sustained was not the result of a workplace accident because you previously had this injury. If this does occur, you will receive what is called an Insurer's Notification of Denial through certified mail. This notification of denial will explain why your claim was denied. At this point in time, you can appeal the denial through the Department of Industrial Accidents. Appealing a denial is a good point in time for you to reach out to a work injury lawyer for assistance.

If you have been injured at work, you may be entitled to workers' compensation benefits. It is important you let your employer know as soon as possible as to what occurred. You will also need to get medical attention for your injuries as well. Once your employer takes your incident report and submits it to the Department of Industrial Accidents, as well as the employer's insurance company, you just wait for the insurance company to make a decision.