Despite all efforts to make the workplace as safe as possible, accidents happen all the time. Employees in all types of workplaces are at risk of suffering injury and developing conditions during the course of their professional duties.
The important thing to know is that compensation is available to those employees who have suffered in the line of work with or without pre-existing injuries or conditions in Coral Springs. But Florida’s Workers compensation system is not designed to be an easy subject for the inexperienced injured employee to navigate.
The complexities of worker’s compensation law mean that many issues can arise that could prevent the injured employee from obtaining their rightful compensation. One of the most complex issues is that of getting compensation for pre-existing injuries and conditions in Coral Springs.
If you are facing an uphill struggle for worker’s compensation because of a pre-existing injuries or conditions in Coral Springs the following article will have some important things to know. We also invite you to contact an experienced Coral Springs Workers’ Comp Lawyer from Work Injury Rights at 954-833-5226 and arrange a FREE consultation to learn more about your case and your rights.
Table of Contents
What are Pre-Existing Conditions and Injuries?
Employees who have a previous medical condition or an aggravation that is caused by a medical condition that existed prior to any incidents in the workplace have a pre-existing medical condition as described by Florida workers’ compensation law.
This could be a personal injury, but typically it is an injury or condition that has existed for a long time and can affect their capacity to work in the present. An example could be a herniated disc or carpal tunnel syndrome. The definition of pre-existing injuries or conditions in Coral Springs is a broad one and it is important for employees to be fully aware of the conditions they have and seek medical treatment for them.
This is important whether the injury or condition was suffered in the workplace or existed prior to your need for worker’s compensation. A doctor skilled in worker’s compensation cases will be able to properly diagnose and provide a medical description for such a condition.
Under Florida Laws, Do Pre-Existing Injuries or Conditions in Coral Springs Prevent You From Filing for Workers’ Compensation Claims?
By Florida law, employees with pre-existing conditions are not prevented from obtaining workers’ compensation. Actually, workers’ compensation must be provided if a workplace injury aggravated the pre-existing injuries or conditions in Coral Springs and accelerated the need for medical treatment and recovery.
But this doesn’t mean that the process of obtaining compensation for a previous injury is easily settled. Insurance providers are good at protecting their interests and will do all they can to deny workers’ compensation claims. A common tactic is to claim that injury was pre-existing and not related to any incident that occurred in the workplace.
What Potential Obstacles May I Face with My Workers’ Compensation Claim When Trying to Prove a Pre-Existing Condition Was Worsened?
Let’s take an example of a construction worker who is injured on the job after falling off the roof. The injured employee will now apply for worker’s compensation.
However, things are never so simple and the insurance providers for the construction worker’s employer will challenge the claim and this may make it necessary for the case to be taken to a worker’s compensation judge.
Whether the case is taken to the judge or not, the success of the claim will depend on two important factors: the injury itself, and the cause of the injury.
Now, let’s imagine that the injury resulted in permanent damage to the construction worker’s back. If this injury was actually sustained because the worker was on that roof because they were in the process of their professional responsibility it is very likely that the injury satisfies the requirement that the injury was sustained in the “course of employment”.
But if the construction worker already had a weak back due to an injury they sustained in the past, this places a pre-existing injury challenge to the claim. If the employee had a weak back because they had fallen off the roof before in the line of work and they had received compensation for this injury, they may still be eligible for worker’s compensation.
On the other hand, if their back was in a weakened condition and showing signs that physical function was impaired, it will be more difficult to prove the fall from the roof is what caused the injury.
This is when it will be imperative to have the case presented and by an experienced work injury lawyer who can provide the injured employee with pre-existing injuries and conditions in Coral Springs with the best chances of winning the case.
How Can You Protect Your Workers’ Compensation Claim?
The insurance adjusters will challenge any workers’ compensation claims, especially those that include pre-existing injuries or conditions in Coral Springs.
For this reason, it is imperative that you take these steps to protect your claim:
File the Claim on Time
There is a 30-day time limit in which you will have to report your injury to your employer. If you do not report your injury within this time frame you lose your right to compensation.
Keep Detailed Medical Records
If you are suffering a pre-existing medical condition, it is imperative to maintain a record of these pre-existing injuries or conditions in Coral Springs as well as medical evidence of the work-related injury. This is important to show how the work injury affected your pre-existing condition.
Submit to Medical Examination
The insurance provider for your employer will require that you are examined by a medical professional who will evaluate the work injury as well as the pre-existing condition. It is important that you comply and submit the exam.
Contact a Florida Workers’ Compensation Lawyer
Workers’ compensation is complex as it is, but when a pre-existing condition is a part of the claim, the matter is even more complicated. It will be imperative to the success of your claim that your case is compiled and presented by an experienced work injury lawyer when dealing with pre-existing injuries or conditions in Coral Springs.
Get Help Claiming Worsened Pre-Existing Injuries or Conditions in Coral Springs from Work Injury Rights
If you have pre-existing injuries or conditions in Coral Springs that were aggravated by a workplace injury, you will need professional legal counsel to get the compensation you need. At Work Injury Rights, we have a team of Florida Work Injury Lawyers, with the skills and experience needed for success in this complex matter. Call Work Injury Rights at 954-833-5226 and arrange for a FREE consultation today!