2020.1.31 未分類
Reduction of compensation due to preexisting conditions
Ｑuestion：
I was an outpatient because of my right knee osteoarthritis. After a while, I was hit by the motorcycle at the intersection. I was diagnosed as a bruise of the right lower limb.
After 8 months of outpatient treatment, the symptoms became fixed. For that, I was certified as 14th grade of Goiania.
However, my insurance company claims that my knee had has been injured (right knee osteoarthritis) before the accident, therefore, my compensation was reduced by 20%.
I am not happy with that result that at all.
Ａnswer：
Any injury worsen by the preexisting conditions/injuries will be subject to reduction in compensation. This is what we call it 素因減額(causative reduction).
The reduction of compensation often depends on history of preexisting conditions/injuries, the degree of injury, diagnosis, period of treatment, out of work period due to injury, CT/MRI and so on.
*It is considered to be difficult to revolve on your own. We advise you to consult with a lawyer who specialize in traffic accident.