Are pre-existing injuries and conditions covered by Florida workers’ comp? Yes, they are, but victims may have a challenging time navigating the claims process and proving their pre-existing conditions were worsened by a job-related accident. Also, pre-existing conditions and injuries can affect the awarded amount and one’s eligibility for compensation.
Working with a skilled Clearwater, FL workers’ compensation lawyer ensures you understand how pre-existing conditions and injuries will impact your claim, allowing you to make an informed decision and protect your rights.
At Work Injury Rights, we have over forty-five years of combined experience representing clients in workers’ compensation claims. We help injured workers in Clearwater and across Florida.
Let our skilled attorneys represent you and help you recover the settlement you deserve. Call us at 954-829-7077 for a free case review.
What Are Pre-Existing Injuries and Conditions?
Pre-existing conditions and injuries could be long-term chronic illnesses or conditions that the worker had officially been diagnosed with before getting into an accident within their scope of employment.
For instance, the pre-existing condition could be a back problem that had plagued them for years, long before the accident at work happened. While filing their claim, the worker cannot state that the accident caused their back problem but can state that it made their condition worse.
If the accident permanently aggravates a person’s pre-existing condition and injury, they may suffer permanent damages to the regular course of their condition. This permanent aggravation results in damages that may never be fully healed or reversed, meaning they cannot return to their health status prior to the accident.
A certified physician will establish whether or not an aggravation is permanent or temporary once the individual reaches maximum medical improvement.
Pre-existing conditions or injuries often impact your workers’ compensation claim and can make it challenging to recover full and fair compensation. Our experienced workers’ compensation lawyers have recovered millions of dollars in compensation on behalf of clients and have the skill and resources to get you the desired results.
Under Florida Laws, Do Pre-Existing Injuries or Conditions Bar You From Filing for Workers’ Compensation?
While most insurers will try to use your pre-existing condition or injury as an excuse to pay you less or deny your claim, Florida laws do not bar you from filing a workers’ compensation claim. You are only barred from recovering compensation for a condition or injury you already had. Otherwise, if the crash worsened your condition, you may be able to file to recover benefits.
Under the eggshell skull rule, the insurer must consider your condition and health as is and has no right to deny your claim due to your pre-existing condition or injury.
Whatever your situation, you must understand that under Florida laws, pre-existing conditions or injuries do not exempt you from filing for workers’ compensation benefits. Since there is a high risk that an insurer could assess and exaggerate the role of your pre-existing condition or injury, it will be best to work with our expert Clearwater workers’ compensation attorneys.
What Hurdles May I Face With My Florida Workers’ Comp Claim When Trying to Prove a Pre-Existing Condition Was Worsened?
Estimating the compensation you deserve can be challenging when claiming workers’ compensation in Florida for your worsened injury. You may face different challenges when filing your claim with a pre-existing condition.
For example, if you had a pre-existing back problem that got exacerbated in the accident, it can be difficult to prove the extent of damage or aggravation caused by the accident. Insurers could argue that your pain is due to your pre-existing back problem.
Our Clearwater workers comp lawyers can analyze your case, discuss how the pre-existing condition impacts your claim, and offer legal advice on the best approach.
How Can You Protect Your Workers’ Compensation Claim?
A pre-existing condition or injury can complicate your claims process. Thoroughly documenting your pre-existing condition, and your new injury is vital to protecting your workers’ compensation claim. You can protect your workers’ compensation claim in the following ways.
File Your Claim on Time
You must report your injury to your employer within 30 days when you get injured at work. In Florida, you have a two-year time limit from when the accident happens to file your claim. Otherwise, you risk being barred from recovering compensation. You must also closely follow the Florida workers’ compensation process to avoid jeopardizing or delaying your claim and benefits eligibility.
Maintain Medical Records
Following your accident, you must seek medical attention for an evaluation and diagnosis. By visiting a certified physician, you will have medical records showing the differences between your pre-existing injuries or conditions before and after your work injury and how the accident may have aggravated the condition.
Being transparent and providing medical records from your prior injuries and medical conditions is crucial. Withholding this information is akin to fraud and may result in the court nullifying your claim after an investigation.
Submit to a Medical Examination
You must submit to a medical examination as soon as possible after your work injury, as it can prevent further serious injuries. You must also receive medical attention sooner, as it allows you to document that the accident aggravated your condition or you suffered new injuries.
Contact a Workers’ Compensation Lawyer
After your work accident, contact our experienced workers’ compensation lawyers in Clearwater. We have over forty-five years of experience in workers’ compensation laws, have represented clients with similar cases, and won them millions of dollars in compensation.
Our experienced attorneys will stand up and fight for your rights to get the settlement you deserve.
Speak With a Clearwater Workers’ Compensation Lawyer Today!
At Work Injury Rights, we understand that pursuing workers’ compensation with pre-existing conditions and injuries can be difficult. Let our experienced attorneys in Clearwater, Florida take away the stress and hassle of taking on insurance companies and fight for the benefits you deserve.
If you had a pre-existing condition or injury and got into an accident at work that worsened your condition, we can file a claim on your behalf. Let us fight to ensure you receive your rightful workers’ compensation benefits.
Contact us at 954-829-7077 to schedule a free case evaluation today.
