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Probably not, I would assume you knew about the condition and had an idea that what you would be doing could make it worse. If perhaps you had a minor condition and work pushed it to a point of being a disability then maybe you would have an argument. You could always lie of course, but you will be traveling a rough road if you go that route. Now if your employer new about your condition and you were not asked to sign a waver and they hired you anyway you may have a case. I would talk to a professional first. A good lawyer, of course, could make most any argument.

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Q: If you have a pre-existing condition but current job exacerbates that condition can you still file for workman's compensation with current employer?
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If you had a preexisting condition that my employer knew about and had an accident at work that aggravated that condition and now needs surgery will workman's comp cover it?

Probably so, provided you file in time, etc.


Can you get individual health insurance if you have a preexisting condition?

Yes, though it is hard. Also, preexisting conditions vary, as far as definition, from one company to another. While it is easier to get coverage through an employer, you are able to get it via a private company.


To what extent is a worker covered if they have a preexisting condition that was aggravated by work activity?

In California a pre-existing condition will not be covered by the Employer's Workman's Comp. in almost all cases. You would need to call an Employment Attorney for specifics in your area.


Can your employer pay you less than what you actually work without consent?

Not if the employer has an agreement with the employee that specifies compensation. The employer would be in breach of that agreement. Normally you have to acknowledge any changes in compensation in writing.


Can your employer lay you off if you are on workmens compensation?

yes


How long does your employer have to hold you position after you are injured on the job?

In Canada the Employer can give your position to someone else for the time you are away, but must give you that position back when you return. However, if you are on and off Worker's Compensation then your Employer has a right to give you another position which you can handle with the condition you have. An Employer cannot fire an Employee that is on Workers Compensation.


What does previous employer total compensation means?

Previous Employer Total Compensation Refers to the total amount of money (Could include straight salary, bonus, value of benefits, 401k contributions) that was paid to you by your previous employer.


Who is required to carry workmans compensation in Illinois?

In the state of Illinois, the employer is required to carry workman's compensation.


Can my employer deduct from my wages for workers comp?

Depending on the laws of the state, an employer can deduct for Workman's Compensation. Deductions for federal programs such as Workman's Compensation and Social Security are standard deductions.


Possible forms of compensation for a food server?

Compensation may include one, some or all of these: * Hourly pay or salary from Employer * Tips from Customers * Food * Formal Training * Employer-paid or subsidized Health Insurance * Employer-paid or subsidized Life Insurance * Employer-paid or subsidized Disability Insurance * Other Employer-paid or subsidized Benefits * Vacation * Sick days and may include other types of compensation.


If you have a medical condition do you have to tell your employer?

Yes you have to your employer


What happens if there is an accident in the workplace and the employer has taken out workers compensation?

Employers are generally required to carry Workers Compensation Insurance. If an employee is injured in the course of employment, Workers compensation pays medical costs and the like and the worker is prevented from suing the employer because of the injury.