Pre-Existing Conditions: You’re Still Entitled to Fair Compensation After an Oilfield Injury
Working in an oilfield is never without risks. Accidents are all too common even when the workers practice all the necessary safety protocols. In many cases, pre-existing medical conditions can also get aggravated or enhanced if you were involved in an oilfield accident. The injury may leave you with more treatments, medical bills, loss of income, and pain and suffering.
You may mistakenly assume that you cannot claim compensation for the oilfield injury because you had a pre-existing condition. An experienced personal injury attorney in Louisiana can inform you about your right to claim financial damages in this situation, and help you obtain the maximum compensation for your injuries and losses.
Pre-existing Medical Conditions do not Disqualify Your Oilfield Injury Claim
When it comes to pre-existing conditions, a large majority of people think about elderly and senior citizens. But pre-existing conditions don’t really discriminate. Anyone can suffer from them regardless of their age. Millions of Americans suffer from a pre-existing condition in some form or the other.
In fact, an estimated 54 million Americans under the age of 65 have pre-existing conditions. You may have heard about pre-existing conditions while watching life insurance and health insurance commercials. This covers all those health conditions that you may have had before the accident occurred.
Pre-existing conditions leave you susceptible to greater damage if you were involved in an oilfield accident. These are a few conditions that fall under the purview of pre-existing conditions:
- Neck pain
- Herniated disc and other problems
- Arthritis
- Traumatic brain injury
- Diabetes
- Heart and cardiovascular disease
The Eggshell Plaintiff Rule
An important legal concept where workplace injuries are concerned is the “take your victim as you find it” or “the eggshell plaintiff rule.” This rule applies to all types of personal injury and workers’ compensation claims. The rule basically states that the relative frailty of the victim should not prevent them from seeking damages.
Pre-existing conditions of a plaintiff are not a valid defense against personal injury claims. Imagine a person with a disability that has rendered their skull as thin as an eggshell. Such a condition will increase the likelihood of injuries. The eggshell plaintiff rule states that the defendant has to accept the victim in an as-is condition.
They are liable for damages stemming from wrongful actions even if they were not aware of the victim’s prior condition. The most important takeaway is that you should not hesitate in speaking with an attorney if you were injured because of someone else’s negligence. You can seek compensation from your employer or another entity if you were injured while working in an oilfield.
Seek Compensation with Pre-existing Conditions in Louisiana
Pre-existing conditions should not keep you from pursuing adequate compensation for your injuries. In fact, you will be in a better position of producing sufficient evidence of your medical history if you received regular medical treatment for your pre-existing conditions. This can make it easier to file an injury claim compared to someone that has not seen a doctor in a decade, for example.
You need to establish the severity of the condition and the manner in which it affected your life before the workplace accident. This will determine the compensation you are eligible to receive for the aggravation of the pre-existing condition. Complete and detailed medical records regarding previous conditions are a vital asset where personal injury claims are concerned.
Insurance companies are often trying to pay as little as possible in the form of compensation. They will look through your medical records and history for finding any possible evidence that the accident in reality has minimal effects on your health.
They may try to peg your current health issues on pre-existing conditions. They may claim that there has been no change in your pain or mobility because of the accident.
Hence, you should speak with a capable injury attorney with experience in oilfield accidents. The attorney will go over your complete medical history and your accident.
They will look at all pre-existing conditions and work with medical experts to ascertain the manner in which your health has been affected. It is important to remember that you should not hold anything back from your attorney.
Your lawyer is on your side and will do everything possible for maximizing the compensation. You need to trust your attorney to handle any information rather than holding it back, even if you think it may negatively impact the claim. Forgetting about a pre-existing condition or failing to disclose it may jeopardize your claim, damage your credibility, and expose you to legal action.
A reputable oilfield injury attorney in Louisiana will take the necessary legal steps for maximizing your claim regardless of your pre-existing conditions and injuries.
Skilled Oilfield Injury Attorneys in Louisiana are Ready to Represent You
Trainor Law Firm, LLC will provide you with dedicated advocacy if you or a loved one was injured while working in an oilfield. We will utilize our years of experience, our courtroom skills, and all available resources to get you the compensation you deserve. Schedule your free and confidential consultation with us today. Call 985-900-2250 or write to us online.
