Pre-Existing Conditions And Workers’ Comp Claims In Michigan: Here’s What To Know

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Pre-existing Conditions and Workers' Comp Claims: Here's what to Know

Michigan attorney discusses pre-existing medical conditions and workers’ comp claims.

We understand the stress and worry that goes along with a workplace accident. Many of our client’s live paycheck-to-paycheck and cannot afford to be out of work. It is not easy supporting a family and having no income for even one week can be a financial disaster. It gets even harder when the insurance company refuses to pay medical bills or lost wages. Here is some information about injured employees with pre-existing medical conditions and who have filed a workers’ comp claim in Michigan.

About workers’ comp

According to state law, workers’ compensation is supposed to be a safety net for people hurt on-the-job. It pays medical bills and lost wages regardless of fault. Benefits are guaranteed provided the accident arose in the course and scope of employment.

Medical treatment is fully covered without any copayments or deductibles ever being owed. Medical treatment is a lifetime benefit and there is no maximum that can be reached.

Lost wages should equal 80% of an employee’s after-tax average weekly wage subject to a state-wide cap. These weekly checks are paid for the entire time a person is disabled from working.

Pre-existing medical conditions and Michigan workers’ comp claims

In Michigan, individuals with pre-existing medical conditions and who have filed a workers’ comp claim often find their benefits disputed. We see this frequently in back and neck claims. It is also common for people who suffer knee or shoulder injuries.

Insurance companies look at conditions like degenerative disc disease or arthritis as a magic bullet that proves no work injury truly exists. This can occur at any time even after a work injury claim has been accepted. Injured employees with pre-existing medical conditions can find themselves in a difficult situation. We have seen claims where injury benefits have been paid for twenty years but a dispute still happens.

Watch out for IME exams

Watch out for the independent medical examination (IME) as these are frequently used as justification for a Notice of Dispute. These doctors are paid large sums of money to conduct medical examinations and write biased medical reports. Some of these doctors have made careers out of testifying against disabled people. We know of one physician who has earned millions of dollars just from performing IMEs.

Individuals who have pre-existing medical conditions and find their workers’ comp claims disputed must file an Application for Mediation or Hearing. This will start a formal legal process where an insurance company dispute can be challenged. It will be up to the magistrate to decide if benefits should be paid.

Burden of proof

The burden of proof rests with the injured worker. He or she must present evidence regarding medical causation and disability. This can be accomplished by having a treating doctor testify that a change of underlying pathology has occurred. This is a fancy way of saying a person with a pre-existing medical condition has become worse because of the workplace accident. Increased pain symptoms are not enough so a test like an MRI or CT scan is typically required.

Injured employees in Michigan who have pre-existing medical conditions and file a workers’ comp claim frequently have difficulty. We recommend speaking with an experienced work injury attorney to understand legal rights. Do not let the insurance company off the hook without making them pay a fair amount.

Were you injured on the job in Michigan and have questions about how your pre-existing medical conditions will affect your workers’ comp claim? Call our attorneys now for a free consultation!

If you were injured on the job in Michigan and you have questions on how your pre-existing medical conditions will affect your workers’ comp claim, call now (855) 221-2667 or fill out our contact form for a free consultation with an experienced lawyer. There is absolutely no cost or obligation. We’re here for you.

For more than 40 years, our lawyers have been helping people like you who have suffered from on the job injuries in Michigan. We understand the physical, emotional, and psychological hardships you are experiencing from your accident. We also have the skill, experience, and know-how to protect you and get you the best possible payout amount for your case.

To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.

Remember, every work injury claim and settlement is different and must be negotiated on its own merits. Do not accept any payout amount without fully understanding your legal rights.

Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled employees exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.

Related information:

Workers’ Comp Payout For Shoulder Injury Explained

Author Bio Jeffrey Kaufman

Author
Jeffrey E. Kaufman
Michigan Workers Comp Attorney

Jeffrey E. Kaufman has extensive experience in workers compensation cases and has recovered millions of dollars in benefits for his clients. He believes all injured workers deserve to be on equal footing with insurance companies and employers, and fights tenaciously so their rights are secured and protected.


“Jeff also helped me with getting my Blue Cross bills paid. I would absolutely recommend him and the whole firm. Jeff and the firm did everything they were supposed to do for me and my case.”
Ricardo Perfetto

Hundreds of 5-Star Reviews

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Get Help From our Michigan Workers’ Comp Lawyers Today

You’re not alone. Our Michigan workers’ comp lawyers have been called the best in the state, and our clients love how they’re treated with care, respect, and responsiveness. We will give you the time you need, we will explain your legal rights, and we will always treat you with respect.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Injured? It’s Time to Get Some Answers

Don’t let the insurance adjuster push you around. Request your free consultation today.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Our attorneys post regularly about common issues related to workers’ comp, including common injuries, settlement calculations, laws, and more.

Our workers’ compensation and Social Security disability lawyers always put your needs first. Get to know your legal team.