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What to do when a workers' compensation claim is denied because of a preexisting condition

This claim has been denied. These are the last words anyone wants to read after filing a workers' compensation claim, yet it happens more often than most people think. One of the most common reasons workers' compensation claims in Nebraska are denied is because of preexisting conditions.

Many injured workers give up when they receive a denial. They do not realize they have options. Here is what insurers do not say in their letters: You may still be able to recover have a valid claim. Find out what you can do if your workers' compensation claim is denied because of a pre-existing condition.

How Nebraska law treats workers' compensation claims with preexisting conditions

Insurers are conservative by nature. When medical records reveal an injured worker has a preexisting condition, they often do not dig further and assume the condition was responsible for the injury instead of the place of employment.

According to Nebraska statute 48-101, a person with a preexisting condition may recover workers' compensation benefits for an injury if the job aggravated the prior injury. Depending on the injury the injured worker may have to prove that the work was responsible for causing further injury to the preexisting condition.

To appeal a denied workers' compensation claim, it is often helpful to consult with an experienced workers' compensation attorney. An attorney understands the process and can help ensure that the proper steps are followed to successfully appeal the claim.

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