Alabama Workers Compensation Pre Existing Condition

If you work in Alabama and have been hurt on the job*, you are likely entitled to workers' compensation benefits (for more information on if you qualify for workers' compensation benefits-please see our blog entitled "Alabama Workers' Compensation Benefits Do I have a claim?). More time than I can recall, we have spoken to an injured worked who, after being hurt on the job, was informed by the workers' compensation insurance carrier that they are not entitled to workers' compensation benefits because of some pre-existing condition-which you may not have even known about. If you hear this-don't give up--chances are you are intentionally being mislead by the workers' compensation insurance carrier so they can keep their money and not provide you with your rights under the Alabama Workers Compensation law.

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 job injury does not have to be the sole, or even the main, cause of an injured workers' disability; the job 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.

The Alabama Workers' Compensation Lawyers at Powell and Denny have heard adjusters try to explain to us that our client's ruptured disc or torn rotator cuff was not the result of their carrying a 75 pound bag of loose cement, but rather was due to degenerative disc disease or degenerative joint disease. At this point, we file suit as there is no since wasting anymore time with such an adjuster. Some of the explanations we have been given as to why a claim was being denied would be funny if they weren't so harmful to the injured workers.

If you have suffered a job injury, but have been told that workers' compensation would not accept liability for said injury, don't give up. Call the experienced Alabama Workers Compensation attorney at Powell and Denny.

Powell and Denny: We Work When You Can't

Offices in Birmingham, AL and Huntsville, Alabama

* also referred to by the following phrases: Injured at Work; Accident at Work, Workplace Injury, Work place accident, Workers' Compensation, Workers' Comp; Work Injury, Work Injuries, On the Job Injury, Injuries on the Job or Injured at Work.

Alabama Workers Compensation Pre Existing Condition