When it comes to workers’ compensation cases, pre-existing injuries and conditions can complicate the process of filing a claim and receiving benefits. In Port St. Lucie, Florida, workers who have pre-existing conditions often face additional challenges in proving that their current injury or illness is work-related and deserves compensation.
However, it’s important to know that having a pre-existing condition does not automatically disqualify you from receiving workers’ compensation benefits. You can file a claim if a workplace injury or occupational disease aggravated your pre-existing injury or condition.
A Port St. Lucie workers’ compensation lawyer from Work Injury Rights can help you get the benefits you deserve. Call us today for a free case evaluation!
What Are Pre-Existing Injuries and Conditions in Workers’ Compensation?
Pre-existing injuries and conditions refer to any medical issues that existed before the work-related injury or illness occurred. These could include chronic conditions like arthritis, previous injuries such as a back injury from a car accident, or other ongoing health issues. In the context of workers’ compensation, a pre-existing condition can become a significant factor in determining whether a worker is eligible for benefits.
In Florida, workers’ compensation laws are designed to cover injuries and illnesses that arise out of and in the course of employment. This means that the injury or illness must be directly related to the worker’s job duties.
When a worker has a pre-existing condition, the key question becomes whether the work-related injury or illness aggravated or worsened that condition. If it did, then the worker may be entitled to workers’ compensation benefits.
Can You File a Workers’ Compensation Claim If You Have a Pre-Existing Condition?
The short answer is yes—you can file a workers’ compensation claim if you have a pre-existing condition. However, there are specific criteria that must be met for the claim to be successful.
In Florida, the law requires that the work-related injury or illness must be the major contributing cause (MCC) of the disability or need for treatment. This means that the work injury must be more than 50% responsible for the aggravation of the pre-existing condition.
If the pre-existing condition is worsened by the work injury to the extent that it requires additional medical treatment or causes a new disability, then you may be eligible for workers’ compensation benefits.
For example, if you have a pre-existing back injury and your job involves heavy lifting, which worsens the injury to the point where you are unable to work, you may be entitled to workers’ compensation. The key is proving that the work-related activity aggravated the pre-existing condition to a significant degree.
Workers’ Compensation Challenges With a Pre-Existing Injury
Filing a workers’ compensation claim when you have a pre-existing injury or condition can present several challenges. Here are some of the common obstacles.
Denied Workers’ Compensation Claim
Insurance companies are often quick to deny claims involving pre-existing conditions, arguing that the condition was not worsened by the job or that the work injury is not the primary cause of the disability.
Difficulty in Proving Aggravation
Medical evidence is crucial in these cases, and it can be difficult to obtain the necessary documentation to prove that your work-related injury aggravated your pre-existing condition. You may need to rely on medical experts who can clearly establish the link between your work and the worsening of your condition.
Potential for Lower Benefits
In some cases, the benefits you receive may be reduced because of your pre-existing condition. The insurance company may argue that only a portion of your disability or medical needs are related to the work injury, leading to lower compensation.
Complex Legal Requirements
The legal requirements for proving that a work-related injury aggravated a pre-existing condition can be complex and may vary depending on the specific facts of your case. Navigating these legal nuances without professional assistance can be challenging.
Steps to Take to Protect Your Rights in Florida
If you have a pre-existing condition and are injured at work, there are specific steps you can take to protect your rights and improve your chances of receiving workers’ compensation benefits.
Report the Injury Immediately
As with any work-related injury, it’s crucial to report the injury to your employer as soon as possible. In Florida, you must report a work injury within 30 days or your workers’ compensation claim could be denied.
Seek Medical Attention
Get medical attention immediately after the injury occurs. Be sure to inform the healthcare provider about your pre-existing condition and how the work-related injury has aggravated it. This will help establish a clear medical record that supports your claim.
Document Everything
Keep detailed records of your injury, medical treatment, and any conversations with your employer or the insurance company. This documentation will be invaluable if disputes arise or if your claim is denied.
Follow Your Doctor’s Advice
Follow all medical advice and treatment plans provided by your healthcare provider. This not only helps in your recovery but also strengthens your case by showing that you are taking the necessary steps to address your injury.
Contact a Workers’ Compensation Lawyer
Given the complexities involved in claims with pre-existing conditions, it’s wise to consult with an experienced workers’ compensation attorney. A lawyer can help you understand your rights, gather the necessary evidence, and represent you in disputes with the insurance company.
How a Port St. Lucie Workers’ Compensation Lawyer Can Help
Navigating the workers’ compensation process can be difficult, especially when dealing with a pre-existing condition. A skilled workers’ compensation lawyer from Work Injury Rights can provide the support and guidance you need to ensure that your rights are protected and that you receive the benefits you deserve.
Here’s how a Port St. Lucie workers’ comp attorney can help.
Evaluate Your Case
A workers’ compensation lawyer will review your case, including your medical history and the details of your work-related injury. They will assess whether you have a strong claim and what evidence will be needed to prove that your work injury aggravated your pre-existing condition.
Gather Medical Evidence
Proving that a work-related injury has aggravated a pre-existing condition requires strong medical evidence. Your lawyer can work with medical experts to obtain the necessary documentation and testimony to support your claim.
Navigate the Claims Process
The process for workers’ compensation claims involving pre-existing conditions can be complex. A lawyer will help you navigate these complexities, ensuring that all paperwork is filed correctly and that you meet all deadlines.
Negotiate with the Insurance Company
Insurance companies are often reluctant to pay out claims involving pre-existing conditions. Your lawyer can negotiate on your behalf, challenging any attempts by the insurance company to deny or reduce your benefits.
Represent You in Disputes
If your workers’ compensation claim is denied or if there are disputes over the extent of your benefits, your lawyer can represent you in hearings or appeals. They will advocate for your rights and work to secure the maximum benefits you are entitled to under the law.
Having an experienced workers’ compensation lawyer on your side can provide peace of mind, knowing that you have a knowledgeable advocate fighting for your rights.
Contact Us Today for a Free Consultation
Having a pre-existing condition should not prevent you from receiving workers’ compensation benefits if a work-related injury or illness has aggravated that condition. However, the process of filing a claim and proving your case can be challenging, especially when facing opposition from employers and insurance companies.
If you have a pre-existing condition and have been injured at work in Port St. Lucie, Florida, don’t navigate the workers’ compensation process alone. The skilled attorneys at Work Injury Rights are here to help you every step of the way. Contact us today for a free consultation to discuss your case and learn how we can assist you in securing the benefits you need to recover and move forward with your life.
