Dealing with a pre-existing injury can be a difficult and painful ordeal. Sprains, strains, herniated discs, ruptured discs, and traumatic injuries can cause a range of issues that include pain, numbness, weakness, tingling sensations and other issues. The pain can be ongoing, as you are following your doctor’s orders to do everything you can to less the problem and help your back to heal.
Some of the medical treatments can include physical therapy, medications, surgery and strengthening exercises. You may get to the point where the pain could be lessening or managed to the point where you can return to work or do daily activities again. You may even recover from the injury. You may be doing all you can to care for your injury but sometimes a sudden car accident can aggravate the pre-existing condition. The pain returns and the injury worsens to the point where you may not be able to work or live a normal life.
Proving Aggrevation of a Pre-Existing Injuries
One of the hardest things to prove is that your pre-existing back injury was caused by a recent accident that was not your fault. First, you must prove that you cannot, in any way, be held liable or partly liable for the accident that occurred. It has to be established that the accident was due to the negligence of the other party or the work environment.
Then you have to prove that the cause of the new injury is related to the pre-existing back problem. When seeking medical attention, you should always inform the doctor of your complete medical history. Withholding information about the pre-existing back injury can make it harder for the doctor to determine if the accident has aggravated the injured area. By having the information, the medical professional can help determine how the accident caused the pre-existing back injury to reoccur or to worsen to the point where you need additional medical treatment.
Lastly, you will have to prove that the worsened injury was not present before the accident and nothing else could have caused the injuries. The doctor’s examination and diagnosis can help to provide additional medical information regarding the aggravated injury and how it was the accident that caused further back complications.
Insurance Company Claim Denial
Insurance companies may deny claims or only pay claims at a lower rate when it comes to aggravated pre-existing conditions. One of the tactics that they will use is to say that the new injury has nothing to do with the accident. Since it was a pre-existing back injury, the aggravation may have simply been caused by daily activities.
If you are dealing with a workplace accident aggravating a pre-existing back injury, you can also run into complications when filing for a claim. An insurance company may claim that the pre-existing condition was not caused at the workplace, and the new injury was not work-related. Yet if you can show that the workplace injury is similar to the pre-existing back injury that it caused the affected area to become aggravated or worsen, the insurance company should pay out the benefits as a combined condition claim.
Medical Authorization Form
When you are dealing with this type of claim, an insurance company will often send you a medical authorization form. This form is to provide them with unlimited access to your medical records.
While it seems that the insurance company merely wants to verify the accident details and how it related to the aggravated back injury, the insurance company can also use the medical information against you in the claim’s process. If there are other accidents or injuries that may be related to the back injury, they could use the medical history to say that your current medical problems where the result of these other accidents and not the one you filed a claim for with them.
When it comes to medical authorization forms, it is always in your best interest to seek out legal representation before putting a signature on the document. The attorney can review the authorization form for wording that would indicate that the insurance company is seeking medical information that is not related to either the pre-existing back injury or the injuries created by the current accident. An attorney can also release limited medical records to the insurance company to better control the flow of information so the medical records cannot be used against you.
Navigating the Claim’s Process
Building a claim so you can get compensation from an accident that caused your previous back injury to reoccur, become aggravated or to worsen can be a very complicated process. Consider hiring an attorney who can help you file a claim and gather the right paperwork for the insurance company so they will give you the compensation you desire.
At The Law Office of Ivan M. Diamond, we help people who have experienced a Bronx vehicle accident or workplace accident that has caused a pre-existing condition to worsen. We can evaluate your case and provide the right advice that you can use to get your claim accepted or to get you the right amount of compensation that will cover your medical expenses. Call us today to set up a free consultation.