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Hoover Workers Compensation Lawyers

Hoover Workers Compensation Lawyers

Hoover Workers Compensation Lawyers: Claim denied due to a pre-existing condition. What are My Rights? If you work in Alabama and you have sustained a workers compensation injury, you may be entitled to workers' compensation benefits; however one of the main reasons workers' compensation insurance carriers deny benefits is because they claim that the injured worker did not in fact suffer a workers comp injury but rather is suffering from some preexisting condition.

I could not count the number of times I have had a client come in who was injured at work, but was informed that workers' comp was refusing to accept liability because 20 years earlier the worker had injured the same body part while playing High School baseball or in an automobile accident. The workers' comp adjuster claims that the injured workers' disability is due to the workers' pre-existing condition and therefore not covered under Alabama's Workers' Compensation Laws. This defense rarely works.

In Alabama, if a worker has a pre-existing condition which has not stopped them from being able to adequately perform their job duties, the law views the condition as being irrelevant. If you can do your job duties and a job accident worsens an underlying condition, then workers' compensation has to pick up liability for the worsened condition. This is because under Alabama's Workers' Compensation Statute, a workers compensation injury does not have to be the sole, or even the main, cause of an injured workers' disability; the work injury just has to be a contributing factor in the disability. Thus, if a work injury combines with or aggravates a pre-existing condition (which has not prevented the worker from performing their job duties in a normal manner) to cause a disability or death, then the workers' compensation insurance carrier is liable for said disability/death.

If you work in the "Over the Mountain" area*, you have suffered a job injury and you have questions about your rights under the Alabama Workers Compensation system, please do not hesitate to contact and TALK WITH one of the experienced Hoover Job Injury attorneys at Powell and Denny. Our office in Hoover is conveniently located off Alford Avenue, where Hoover, Vestavia and Homewood come together.

Powell and Denny: We Work When You Can't

Offices in Hoover, AL and Huntsville, AL

Hoover Workers Compensation Lawyers

* Includes Hoover, Vestavia Hills, Homewood, Mountain Brook, Greystone, Inverness, Alabaster, Pelham, Helena and everywhere in between.

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