Huntsville Workers Compensation Lawyers
Huntsville 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.
Alabama Workers Compensation benefits are not just for those in perfect health.
If you work in the Metro Huntsville region*-or anywhere in the North Alabama and Tennessee Valley 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 speak with one of the experienced Huntsville Job Injury attorneys at POWELL AND DENNY and schedule a free consultation and let us see if we can help.
Appointments are available in person, or virtually through Zoom for your convenience from wherever you live.
Powell and Denny: We Work When You Can’t
Offices in Birmingham, AL and Huntsville, AL
Alabama Workers’ Compensation Attorneys
Birmingham Workers’ Compensation Lawyers
Huntsville Workers’ Compensation Attorneys
North Alabama Workers Compensation Lawyers
Tennessee Valley Workers’ Compensation Lawyers
Powell and Denny have been selected as one of the Best Law Firms by U.S. News and World Report for each of the last 9 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 5 years, have been selected by The National Advocates as one of the Top 20 Workers’ Compensation Firms (plaintiffs) and Powell and Denny, P.C.-has been selected as one of the “Best of the Best” law firms by The American Registry.
Mr. Denny is AV rated by Martindale Hubbard (the highest rating possible) and Mr. Powell has been rated as Superior by The National Registry
* area includes Ardmore, Elkmont, Harvest, Toney, Normal, Capshaw, Athens, Tanner, Harris, Madison, Trinity, Hillsboro, Decatur, Priceville, Hartselle, Somerville, Valhermoso Springs, Laceys Springs, Chase, Maysville, Brownsboro, Garth, Trenton, Hollytree, New Market, Roseboro, Owens Cross Roads, New Hope, Woodville, Grant, Morgan City, Pine Dale, Holland Gin, Triana, Belle Mina, Mooresville, Meridianville, Hazel Green and everywhere in between.
+ Powell and Denny have successfully represented injured workers from Birmingham, Huntsville, Florence, Muscle Shoals, Tuscumbia, Athens, Decatur, Town Creek Ardmore, Hartselle, Madison, Toney, Scottsboro, Ft. Payne, New Hope, Guntersville, Albertville, Boaz, Ashville, Anniston, Gadsden, Cullman, Jasper, Gardendale, Morris, Kimberly, Centerpoint, Leeds, Tarrant City, Fairfield, Hueytown, Bessemer, Adger, Tuscaloosa, Cordova, Alabaster, Pelham, Harpersville, Opelika, Phenix City, Montgomery, Clanton, Calera, Enterprise, Monroeville, Mobile, Evergreen, Alabaster, Pelham, Trussville and towns and cities in between.
Huntsville Workers Compensation Lawyers