Florida workers’ compensation system mandates that if you happen to sustain an injury while still on the clock or suffer egregious harm in the course of you fulfilling your work duties, you have a right to pursue workers’ comp benefits to cater for medical expenses and cover wages lost. But is it the same case when it comes to pre-existing injuries and conditions in Fort Lauderdale?
Injuries resulting from pre-existing injuries and conditions generally don’t qualify for workers’ compensation benefits. On the other hand, if the injury suffered wasn’t caused by the underlying condition, then the injury may still meet the legal caveats for workers’ compensation benefits. If you happen to suffer from an underlying medical condition that you suspect may deny you your claim or your workers’ comp claim has unjustly been denied as a result of your pre-existing medical condition, it would be in your best interest to consult with an experienced Fort Lauderdale workers’ compensation attorney to aid you explore your legal options.
If you have been injured at the workplace and are not sure what to do next, please consider getting in touch with our expert team of Fort Lauderdale workers’ comp attorneys at 954-833-5226 to receive the right legal counsel even if you had a pre-existing condition at the time of said accident. Here at WorkInjuryRights.Com, we will work day and night to ensure you receive your rightful compensation to cover medical expenses and lost wages you have incurred. We believe you shouldn’t bear the financial weight of losses you have suffered while fulfilling your role in an official capacity. Call us TODAY to get legal proceedings up and running!
What are Pre-Existing Conditions and Injuries?
As the name implies, a pre-existing condition refers to an earlier medical condition or an exacerbation of an underlying medical condition. It can be classified as a personal injury, but it’s essentially an old injury that previously occurred to you as long as it hinders your ability to fulfill your work duties. An example of this is a repetitive motion injury such as carpal tunnel syndrome or long-term back injury such as a herniated disc.
It’s a pretty broad definition that encapsulates a variety of medical conditions and claims, and thus an employee, it’s crucial to be aware of the types of injuries you have sustained and the underlying medical conditions you may have.
Under Florida Law, do Pre-Existing Conditions or Injuries Bar You From Filing for Workers’ Compensation?
When it comes to workers’ comp, it’s the prerogative of an employer to accept workers how they are. When it comes to disbursing workers’ comp benefits, employers may make no division between physically sound workers and those who already had a pre-existing medical condition that left them open to sustain a long-term injury due to a work injury. Therefore the exacerbation, reoccurrence, or acceleration of an underlying issue as a result of a work activity may entitle the afflicted employee to workers’ comp benefits even though the mishap may not have caused any harm to a physically sound person.
In a nutshell, Florida workers’ comp laws don’t bar you from filing workers’ compensation claims just because you had pre-existing conditions or injuries.
What Obstacles May I Face with My Workers’ Compensation Claim when Trying to Prove a Pre-Existing Condition was Worsened?
For instance, say a worker was employed who has osteoporosis, a condition that makes bones weak and likely to break. His/her employer won’t be mandated to provide workers’ comp benefits for any necessary treatment or time off required to deal with symptoms associated with the original medical state, because these would be nonwork-associated.
But if the same worker sustains a serious fracture in her leg or arm when they were ordered to lift a heavy object by their employer, they would be eligible to pursue workers’ compensation, even if somebody without osteoporosis would have easily fulfilled that same duty with ease.
Although you may qualify to receive workers’ comp benefits following the exacerbation of an underlying condition, these kinds of claims are regularly rejected. You’ll usually see an employer claiming that the symptoms hindering you from fulfilling your work duties are attributed to your underlying condition, and not anything associated with work; it can be hard definitively proving that the underlying condition was exacerbated or aggravated by workplace responsibilities.
If you find yourself in this sort of scenario, it’s best to seek out legal aid to come up with a strong legal argument and defense for the worsening of your pre-existing condition. An experienced workers’ compensation lawyer will investigate the circumstances surrounding your injury and will obtain all the required documentation proving your current injuries are work-related. Get in touch with our law offices at Work Injury Rights to start building your case.
How Can You Protect Your Workers’ Compensation Claim?
More often than not, you’ll find that your employer’s insurance carrier will be against any claim involving an underlying condition. For this reason, it’s integral that you take the necessary steps to safeguard your claim.
Make sure you file your workers’ comp claim within the stipulated time limits and also ensure that you have consulted with an authorized medical practitioner conversant with workers’ compensation claims to have records that your injury was aggravated as a result of the work duty you were performing. That is the best way to safeguard your workers’ compensation claim.
File Your Claim On Time
For your claim to be approved under Florida workers’ comp statutes, it’s integral that you file your claim on time if you want to receive your deserved benefits. Under Florida law, you are required to report the injury to your employer within 30 days of said accident. Filing your claim promptly is key to safeguarding your legal rights.
Maintain Medical Records
If you’ve got an underlying condition, you’ll have to gather medical documentation and other proof of both your work injury and pre-existing condition. This will go a long way in showing how your health condition worsened within that time frame.
Submit to a Medical Examination
The general procedure for filing your workers’ comp claim in Fort Lauderdale is reporting the incident to your employer and trying to get their insurance carrier to cover for costs incurred.
To ensure that your employer’s insurance provider covers the costs you have incurred, it’s crucial that you submit to a medical examination usually sanctioned by your employer’s insurance carrier. You will have to be compliant with this medical examination. This way, there will be documentation that you really aggravated your pre-existing condition because of the work responsibility you were fulfilling. With such medical documentation, there’s no way that your employer’s insurer will deny your claim.
Contact a Workers’ Compensation Lawyer
If you have an underlying condition and you sustain an injury in Fort Lauderdale, you’ll find it challenging facing your employer’s insurance provider. Although Florida’s workers’ comp law protects you and guarantees you a severance package for injuries sustained in the workplace, proving your pre-existing condition was aggravated can be daunting and the insurer will most definitely fight your claim.
Call Our Experienced Lawyers Today for Help Filing a Workers’ Compensation Claim with Pre-Existing Injuries and Conditions in Fort Lauderdale
Here at Work Injury Rights, we have assisted injured employees in Fort Lauderdale to get the benefits they are rightfully owed. We know all about the tactics and tricks insurance companies use to swindle people out of their deserved payout. If you have been hurt at work because of Pre-Existing Injuries & Conditions in Fort Lauderdale, don’t hesitate to get in touch with our law offices at 954-833-5226 to get a FREE initial consultation and case review!