Legal Question in Workers Comp in New Jersey
can this be considered a pre-existing condition
ive been to a few doctors in the past for lower back pain, and every time i didnt recieve any diagnosis at all no MRI, one time x-rays were negative. last week i was lifting a case of drinks and felt something pop.i went within an hour or so of the injury to my pcp. they werent able to see me, and refered me to the er. that visit all they did was give me medication for pain and refer me to an orthapedic specialist. i filed a workmans comp claim. while waiting to see their specialist(still waiting) went back to or 4 days after accident due to increased level of pain and was given an MRI. MRI showed a torn disk and a bulging disk. where should i go from here? insurance company is investigating my previous back history and in turn i am told by them that they wont approve visit to orthapedic specialist until investigation is over ''at least 2 weeks from now'' verbatim. do i have a case?
2 Answers from Attorneys
Re: can this be considered a pre-existing condition
If you had generalized back pain in the past, but then had a sudden traumatic injury while lifting something at work, I would say that you certainly have a legitimate workers compensation claim. In the end the insurance carrier may seek to get some amount of a credit for a pre-existing injury, but overall I believe that this case is one that could result in a monetary award. I am an attorney who has handled hundreds of workers compensaton cases similar to yours in various courts in New Jersey in the past. I would like to discuss your case with you in more detail. Please contact me at your convenience. I never charge for simply talking to a person about their case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
Re: can this be considered a pre-existing condition
It would appear that you do have a case if these injuries occurred at work. There are three components ot a comp case; med, temp and permanancy. We can assist you in obtaining these benefits. It is important to have an attorney to adequately document your claim and mazimize your recovery. Addtitionally, in comp, most fees, if not all, are paid by the insurance company.
Please feel free to contact me or our firm at 1-800-34 NJ LAW to discuss your rights.