Workers in Ohio with preexisting health issues often face unique problems when filing for workers’ compensation. Here are some common issues and examples:
Proving substantial aggravation
One of the main hurdles is proving that work substantially aggravated the preexisting health issue. Ohio law requires clear medical proof, such as test results or doctor findings, to demonstrate this aggravation. For example, if you have a preexisting back problem and sustain a workplace injury that worsens it, you must provide proof, such as MRI results showing a significant change.
Causation disputes
Employers may dispute whether the work injury worsened the preexisting health issue. They might argue that the symptoms are solely from the preexisting issue, not the work injury. For instance, if you have arthritis and feel more pain after a work task, proving that the task, rather than the regular progression of arthritis, caused the aggravation can be challenging.
Credibility issues
Reviewers often scrutinize claims involving preexisting health issues and question the worker’s credibility. You may need extensive medical records and statements from others to support the claim. For example, if you previously injured your knee in sports and then hurt the same knee at work, you might need detailed medical records and coworker statements to prove your claim.
Medical provider challenges
Workers may struggle to obtain medical proof to support their claims. Sometimes, they must see doctors chosen by their employer, who might downplay how work worsened the preexisting health issue. For example, getting a fair medical opinion can be critical if you have a preexisting heart problem and an activity at work makes it worse.
Legal complexity
Navigating the legal rules and deadlines for filing claims and appeals can be challenging, especially with preexisting health issues. Workers must comply with all regulatory requirements to avoid claim denials. For instance, filing your claim correctly and on time is vital if you have a preexisting medical problem or work-related issues.
Understanding these challenges and preparing well can help workers with preexisting health issues navigate Ohio’s workers’ compensation process. Consulting a lawyer can also be valuable and increase the likelihood of a successful claim.