Degenerative or Pre-Existing Injuries in Non-subscriber Cases
Whether you are 18 or 48 years of age, when you suffer a work injury while working for a Texas Non-subscriber employer, one of the guaranteed arguments they will make to defend themselves is that that your injuries are degenerative or pre-existing and could not have been caused by the incident you are reporting at work. This means that your employer and their insurance will argue that certain changes that could exist because of natural aging or simply because of genetics are going to used as a way for the company doctors to explain that you were already injured before your incident even though you never had any symptoms before. As disingenuous as this argument is, an injured employee is very likely to hear it at some stage of their work injury case whether during the treatment phase with the company doctors or, during the litigation stages of the case. Don’t buy into it!
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Non-Subscriber claims in Houston, Dallas, Austin, Corpus Christi, San Antonio and The Rio Grande Valley.
This Does Not Mean That You Do Not have a Work Injury
- Wear & Tear: Keep in mind that we all undergo some degree of wear and tear on our joints and tendons as we age. After a work injury, having wear and tear does not mean that that you do not have a new injury!
- Herniations and Tendon Tears: Keep in mind that you could have herniations, tendon tears before a work incident and NOT have any symptoms. After a work injury, having pre-existing herniations or tendon tears does not mean that that you do not have a new injury!
- Genetics: Keep in mind that you could have been born with variances in your anatomy that either appear as injuries or make you more susceptible to certain injuries. After a work injury, having a genetic anatomical condition does not mean that that you do not have a new injury!
In work injury cases, not every work injury case is the same. Understanding how the incident occurred and what injuries were caused by the incident is essential to understanding your case. Although your employer and their insurance are always to argue that they were not responsible for causing your injuries, the argument is nonsensical and overused to exploit the natural processes of life. We can all have anatomical changes in our body whether you are 18 or 48 years of age but this does not disqualify you from having an incident that caused a new injury that has now become symptomatic causing new severe pain and impairment. You could still have a case!
Pre-Existing or Degenerative Injuries at 18-30 years of Age?
Don’t buy it! If you suffer a work injury and you are relatively young, consider the impact it will have on your life in the future if you do not address the injuries. Although your employer will always make an argument that your injuries were pre-existing, if you’re in this age group at the time of the work injury, consider what will happen with your ability to work for the next 30-40 years with an injury that you did not address when you had the chance. Accepting your employer’s argument that you have a non-compensable pre-existing or degenerative changes will have a serious impact on your ability to support yourself and your family. Your ability to enjoy a good quality of life will be seriously compromised. Do not sit on your rights and ignore your injuries. Your future depends on it! If you have new symptoms, investigate the potential causes!
Pre-Existing or Degenerative Injuries at 48-60 years of Age?
Don’t buy it! It’s easy to argue that the older you are the more “pre-existing” and “degenerative” changes you will show up in your medical records. Simply because you are older does not disqualify you from getting a new injury when your employer is negligent and fails to provide a safe workplace. Changes in your back, shoulders, knees, or other areas of your body can become aggravated by a work incident. This aggravation can then cause new pain and impairment that can be attributed to the incident at work.
Having a work injury when you’re in the second half of your work life can be detrimental to the life that you have been planning for so many years. It could cause you to have to deplete your savings, affecting your family’s financial stability and your ability to plan for a healthy retirement. Your ability to enjoy a good quality of life will be seriously compromised. Do not sit on your rights and ignore your injuries. Your future depends on it!
Texas Non-Subscribers Companies
- Best Buy
- Home Depot
- Tractor Supply
- Tom Thumb
- Pep Boys
- McDonald's (some locations)
- Oak Farms Dairy
- American Bottling Company (Coca Cola, Dr. Pepper, Keurig)
- Brookdale Senior Living
At Sandoval Law Firm, PLLC, as your attorney, we will investigate your injuries thoroughly and provide you with answers as to what caused them! If you’ve been injured at work, do your research!
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