Are pre-existing injuries and conditions covered by Florida workers’ comp? Yes, they are, but navigating the claims process and proving the exacerbation of pre-existing conditions due to a job-related accident can pose challenges. Additionally, pre-existing conditions and injuries may impact the amount awarded and eligibility for compensation.
Collaborating with an adept Winter Haven, FL workers’ compensation lawyer ensures you comprehend how pre-existing conditions and injuries will influence your claim, empowering you to make well-informed decisions and safeguard your rights.
At Work Injury Rights, we boast over forty-five years of combined experience advocating for clients in workers’ compensation claims. We extend our services to injured workers in Winter Haven and throughout Florida.
Allow our proficient attorneys to advocate for you and assist you in securing the settlement you rightfully deserve. Contact us at 954-829-7077 for a complimentary case review.
What Are Pre-Existing Injuries and Conditions?
Pre-existing injuries and conditions refer to long-standing chronic illnesses or health issues that an individual had been diagnosed with before experiencing an accident within the scope of their employment.
For example, a pre-existing condition could be a chronic back problem that the individual had been dealing with for years prior to the work-related accident. While filing their workers’ compensation claim, the individual cannot attribute the accident as the cause of their back problem but can assert that it exacerbated their existing condition.
If the accident results in a permanent exacerbation of the individual’s pre-existing condition, they may experience lasting damage to their health that cannot be fully reversed or healed, preventing them from returning to their pre-accident health status.
A qualified physician will determine whether the exacerbation is permanent or temporary once the individual reaches maximum medical improvement.
Pre-existing injuries or conditions often complicate workers’ compensation claims and may hinder the recovery of full and fair compensation. Our seasoned workers’ compensation lawyers have a proven track record of securing millions of dollars in compensation for clients and possess the expertise and resources needed to achieve favorable outcomes.
Under Florida Laws, Do Pre-Existing Injuries or Conditions Bar You From Filing for Workers’ Compensation?
While many insurance companies may attempt to leverage your pre-existing condition or injury to diminish your compensation or deny your claim altogether, Florida laws do not prohibit you from filing a workers’ compensation claim. You are only barred from seeking compensation for a condition or injury you already had prior to the incident. However, if the accident exacerbated your existing condition, you may still be eligible to file a claim to recover benefits.
According to the eggshell skull rule, insurers are obligated to consider your condition and health as they are and cannot reject your claim solely based on your pre-existing condition or injury.
Regardless of your circumstances, it’s essential to understand that under Florida laws, pre-existing conditions or injuries do not disqualify you from seeking workers’ compensation benefits. However, given the potential for insurers to scrutinize and overstate the impact of your pre-existing condition or injury, it is advisable to seek assistance from our experienced Winter Haven workers’ compensation attorneys.
Navigating the Complexities of Pre-Existing Conditions in Your Winter Haven Workers’ Comp Claim
Seeking workers’ compensation benefits in Winter Haven, Florida, can become more challenging if you have a pre-existing condition that was worsened by a workplace accident. While Florida law allows you to file a claim despite having a pre-existing condition, proving the extent of aggravation caused by the accident can be an uphill battle.
Here are some hurdles you may encounter when trying to establish the impact of your pre-existing condition on your workers’ comp claim:
Proving Causation: One of the primary challenges is proving that the accident directly worsened your pre-existing condition. Insurers may argue that your current symptoms are solely attributed to your pre-existing condition rather than the workplace accident.
Assessing Damages: It can be difficult to quantify the extent of aggravation caused by the accident, especially if you had ongoing symptoms related to your pre-existing condition. Insurers may dispute the severity of your injuries and offer lower compensation accordingly.
Navigating Legal Complexities: Workers’ compensation laws in Florida can be complex, particularly when dealing with pre-existing conditions. Understanding your rights and legal options requires specialized knowledge of workers’ comp regulations and case law.
Facing Insurance Company Challenges: Insurance companies often scrutinize claims involving pre-existing conditions more closely. They may request additional medical documentation or seek independent medical evaluations to assess the extent of your injuries.
Our Winter Haven workers’ comp lawyers have extensive experience handling cases involving pre-existing conditions. We can evaluate the specifics of your situation, gather relevant evidence, and advocate for your rights throughout the claims process. Don’t let a pre-existing condition deter you from seeking the compensation you deserve. Contact us today for personalized legal guidance tailored to your needs.
Contact a Winter Haven Workers’ Compensation Attorney Today!
Dealing with workers’ compensation claims involving pre-existing conditions or injuries can be daunting, but you don’t have to navigate this complex process alone. Our dedicated team of attorneys at Work Injury Rights is here to help residents of Winter Haven, Florida, pursue the compensation they deserve.
If you’ve suffered an injury at work that exacerbated a pre-existing condition or injury, our experienced lawyers in Winter Haven can assist you in filing a claim and fighting for your rights. We understand the challenges associated with proving the impact of workplace accidents on pre-existing conditions and are prepared to advocate tirelessly on your behalf.
Don’t let the complexities of workers’ compensation claims deter you from seeking the benefits you’re entitled to. Contact us today at 954-829-7077 to arrange a complimentary case evaluation with one of our knowledgeable attorneys. Let us help you navigate the legal process and secure the compensation you deserve for your workplace injury.
