Your pre-employment application can play a major role in your ability to receive workers' compensation if you become injured while at work. You may be asked to fill out a questionnaire if you will be performing a job that is very physical. However, this questionnaire is also something you may need to fill out for other professions. What you write down might be brought up during your workers' compensation case.
Questions You Might Be Asked
You may be asked if you have ever been injured or if you have ever suffered injuries for specific body parts. You will want to answer honestly because not answering this question can lead to you being denied coverage.
Your employer will need to prove that you knew what you were claiming on the questionnaire was false and that your employer would not have hired you if you had disclosed the truth about your condition. There must also be a connection between the work injury in which you are filing a claim over and your pre-existing condition. If you believe that a pre-existing condition might affect your workers' compensation case, you must speak with a workers compensation lawyer.
Failure to Disclose Pre-existing Conditions
Your employer is responsible for proving that you failed to properly disclose a pre-existing condition. They will also need to prove that you had an intention of misleading your employer and not simply that you forgot. However, the courts can sometimes be unpredictable regarding how they rule on this issue and it's important to always consult with an attorney.
The employer will only need to provide some evidence that they would not have hired you due to your condition and this is referred to as detrimental reliance. In many cases, your employer simply needs to testify that they would not have hired you.
Your Medical Care
You will need to receive medical care after you have reported to your employer that you were injured and your employer files a workers' compensation insurance claim. Your employer will then need to choose a healthcare provider that you will need to see. The healthcare provider may attempt to argue that your pre-existing condition was the primary reason for your work injuries.
Fortunately, there are always legal options. For example, you may have simply left the space blank and some states may argue that doing so will prevent your employer from arguing that you were dishonest. However, you must always make sure by talking to your attorney.Share