{"id":292,"date":"2018-02-27T23:00:50","date_gmt":"2018-02-28T04:00:50","guid":{"rendered":"http:\/\/kaltercomp.com\/?p=292"},"modified":"2018-08-27T23:12:38","modified_gmt":"2018-08-28T03:12:38","slug":"can-a-preexisting-condition-impact-my-workers-comp-claim","status":"publish","type":"post","link":"https:\/\/kaltercomp.com\/can-a-preexisting-condition-impact-my-workers-comp-claim\/","title":{"rendered":"Can a Preexisting Condition Impact my Workers\u2019 Comp Claim?"},"content":{"rendered":"<p><span style=\"font-weight: 400;\">Simply put, the fact that you have a preexisting condition does not inhibit your ability to pursue a claim for workers\u2019 compensation benefits. Vermont law says that if you have a preexisting condition then experience a similar work injury that further aggravated your condition, this injury will be deemed compensable, entitling you to workers\u2019 compensation benefits. When your preexisting condition stems from something outside of your work, the question is solely whether or not your current work made it any worse. <\/span><\/p>\n<p>&nbsp;<\/p>\n<h2><span style=\"font-weight: 400;\">What if my Preexisting Condition Came From a Previous Job?<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">It does not matter if your preexisting condition occurred outside of work, at your current employer, or while you were employed previously. However, if your preexisting condition resulted from a previous work injury, and then is further exacerbated at your new workplace, this means that both employer\u2019s insurance companies may try to avoid paying for your current ailments and try to lay them blame on one another. Your previous employer\/insurance will say you suffered a new injury or aggravated your prior injury, but the new employer\/insurance company will claim that you never actually fully recovered from the previous injury and that you\u2019re experiencing a recurrence of that injury. Ultimately, both insurance are hoping that the Department of Labor will order the other party to pay you benefits.<\/span><\/p>\n<p>&nbsp;<\/p>\n<h2><span style=\"font-weight: 400;\">Will I Still Receive Benefits?<\/span><\/h2>\n<p><span style=\"font-weight: 400;\">Luckily, when there\u2019s a dispute of this nature, the Department of Labor usually orders one of them to pay your benefits while everything gets sorted out. This means that you won\u2019t have to go without any benefits simply because no one can agree on the cause of your current condition.<\/span><\/p>\n<p>&nbsp;<\/p>\n<p><span style=\"font-weight: 400;\">An experienced Vermont workers\u2019 compensation attorney can help you navigate this confusing terrain and get you the benefits you deserve.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Simply put, the fact that you have a preexisting condition does not inhibit your ability to pursue a claim for&#8230;<\/p>\n","protected":false},"author":3,"featured_media":294,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[72,73,75,74],"tags":[],"menu_order":0,"_links":{"self":[{"href":"https:\/\/kaltercomp.com\/wp-json\/wp\/v2\/posts\/292"}],"collection":[{"href":"https:\/\/kaltercomp.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/kaltercomp.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/kaltercomp.com\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/kaltercomp.com\/wp-json\/wp\/v2\/comments?post=292"}],"version-history":[{"count":0,"href":"https:\/\/kaltercomp.com\/wp-json\/wp\/v2\/posts\/292\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/kaltercomp.com\/wp-json\/wp\/v2\/media\/294"}],"wp:attachment":[{"href":"https:\/\/kaltercomp.com\/wp-json\/wp\/v2\/media?parent=292"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/kaltercomp.com\/wp-json\/wp\/v2\/categories?post=292"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/kaltercomp.com\/wp-json\/wp\/v2\/tags?post=292"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}