How do Pre-existing Medical Conditions Affect Offshore Injury Cases?

Dec 18, 2019

When it comes to offshore injury cases, the challenge lies in proving the injury in question is causally related to workplace activities.  As a result, those who have a pre-existing injury will find it is slightly more difficult to obtain compensation. However, with the right maritime injury attorney in your corner, the challenge of establishing a causal relationship between your injury and your workplace activities will not prove nearly as daunting. 

Honesty is the Best Policy 

There is no sense trying to conceal a pre-existing injury after suffering a workplace accident.  If there is any evidence of the pre-existing injury, it will likely be uncovered. However, even if you have a pre-existing injury at or near the body site injured while working on the water, it is still possible to obtain workers’ compensation and other injury-related benefits.  

The merit of your attorney will ultimately determine the fate of your unique case.  It is up to your attorney to provide the evidence and arguments necessary to prove your maritime injury is causally related to your workplace activities.  This is precisely why it is better to tell the truth about one or multiple pre-existing injuries. Wright Pichon & Gray will acknowledge the pre-existing injury, highlight your honesty in reporting the injury and fiercely advocate on your behalf.  We will do everything in our power to prove your maritime injury is distinct from your pre-existing injury.

The Importance of Medical Records 

It is imperative that you visit with a credible doctor immediately after your maritime injury.  The medical records resulting from your appointments with the doctor will go a long way in proving the injury in question is causally related to your work on the water.  Furthermore, prior medical records detailing the pre-existing injury will also help prove the maritime injury is completely new and distinct.

It is possible the maritime injury exacerbated the pre-existing injury.  However, there will be no way to prove the incident on the water exacerbated the injury unless you have comprehensive medical records.   Do everything in your power to meet with a respected doctor for an in-depth medical analysis within the 72 hours following your injury. The longer you delay, the easier it is for opposing counsel to successfully argue your injury is unrelated to your workplace activities.

Do not Make Things Easy for the Insurance Company 

Once the insurance company learns of your injury, that company’s representatives will do everything in their power to prove your injury is unrelated to work.  If there is even the slightest bit of evidence of a pre-existing injury at or near the body site in question, the insurance company will shed light on that pre-existing injury.  The bottom line is the insurance provider is looking to make a profit rather than pay for medical care related to a supposed workplace accident. You need a savvy attorney on your side to engage in legal battle and prove the causal relationship between your workplace activities and your injury.  Your attorney will ultimately help you obtain the compensation necessary to cover all medical bills, pain, suffering, lost time at work and other losses related to your workplace accident.

Injured at Work?  Contact our Law Firm Today

If you are injured while working on the water or endure any other offshore accident, do not suffer in silence.  Wright & Gray is here to maximize your compensation after this unfortunate incident. Let us spearhead your quest or justice and you will be able to square your focus on improving your health and eventually returning to work.  Reach out to us today to schedule a Free initial consultation. 

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