La Quinta Workers’ Compensation Lawyer | Over $200 MILLION Recovered
Our highly experienced workers’ compensation attorneys resolve workers’ comp claim issues to help injured employees obtain the benefits they need in their recovery.
A vast majority of workers in California go through life without experiencing a serious work-related injury or contracting an illness from work. When a workplace incident does result in an injury or illness, workers’ compensation benefits can be provided to the affected worker.
Unfortunately, many workers’ compensation claims are routinely denied. To avoid a claim denial, obtaining the legal support of an experienced law firm is strongly recommended. Castillo & Associates are workers’ compensation attorneys serving La Quinta, CA who have decades of experience, and hundreds of millions of dollars in compensation recovered.
Workers’ Compensation Benefits Are Available With the Support of Qualified Legal Representation
Following a workplace injury, workers in California must report the injury to their employer within 30 days of becoming aware of the injury. Although injured workers do not have to prove that their employer’s negligence led to their injuries, they do need to prove the existence of their injury and that their injury resulted from a work-related incident. At times, this can be difficult to establish; consequently, it is critically important to seek the legal representation of an experienced workers’ compensation law firm.
Castillo & Associates has helped many injured workers recover the benefits they were owed under the law. If you are being denied benefits or are receiving far less than what you are owed, consider obtaining the legal support of Castillo & Associates. Contact the firm today to resolve any disputes in your claim and avoid potential delays in benefits.
Pre-Existing Medical Conditions Can Affect a Workers’ Compensation Claim
Pre-existing medical conditions are injuries or illnesses that have been sustained outside of the work environment. They have also been sustained before the work-related incident occurred. When a work-related incident has aggravated or worsened the pre-existing medical condition, workers’ compensation benefits can still be obtained. Instead of obtaining coverage for the entire injury, however, workers’ compensation benefits will only address the portion of the disability that is reasonably attributed to the workplace accident. Employers in the State of California are not liable for their employees’ pre-existing medical conditions. Employers are only responsible when a worker has been injured while on the job, and the experienced La Quinta work injury lawyers at Castillo & Associates can help determine the scope of compensation, medical benefits and additional benefits available.
Proving a work-related injury can be challenging, particularly in situations where the injury involves repeated exposure or stress. These types of cumulative injuries can make the process for obtaining workers’ compensation complex. The lines between a recent workplace injury and a pre-existing medical condition can at times be blurred, and this can result in denied workers’ compensation claim or reduced benefits.
The Aggravation of a Pre-Existing Medical Condition
Workers’ compensation can still be obtained when the aggravation has caused a short-term or long-term increase in the worker’s disability, has created the need for a new medical treatment or demands a change in an existing course of medical treatment. For instance, if a worker suffers from an arthritic deterioration of the knee, and a workplace fall resulted in disability, the fall would constitute an aggravated injury.
When an injury involves symptoms that recur or flare-up, these can be referred to as exacerbations of previous injuries or illnesses. They may not always constitute a new injury, therefore, responsibility for an approved claim would rest on the employer to determine where the original injury was sustained.
According to the California Labor Code §4663, examining physicians are required to address the issue of causation when making their evaluation. The medical practitioner must make an apportionment determination by establishing the approximate cause of the injury and what portion was caused by other factors. Employers are only responsible for the portion of disability caused directly by the current workplace injury.
Apportionment of an injury can become a serious issue when the workplace accident results in an injury that aggravated a pre-existing condition. When the specific or cumulative trauma has created new symptoms, requires new medical treatment, or has resulted in a further loss of capacity or resulted in additional workplace restrictions, the injured worker will be eligible to obtain workers’ compensation benefits.
A Well-Versed Workers’ Compensation Law Firm Can Help
Pre-existing medical conditions are not typically covered by workers’ compensation. Unfortunately, even when the workplace injury resulted in the aggravation of a pre-existing condition, many employers and their insurance claims administrators will work aggressively to deny benefits. If you or a family member was injured on the job, you have rights and you may have compensation and medical benefits available to you.
Castillo & Associates are highly versed in complex workers’ compensation cases. Our law firm focuses our practice on ensuring injured employees maximize the compensation they receive after an accident. If you or a family member was injured at work, obtain the support of Castillo & Associates – workers’ compensation lawyers serving La Quinta, CA and the surrounding communities. Contact us online today to schedule a no-cost consultation – or call 760-863-4800 now to discuss your matter.