In order to qualify for workers compensation, you have to demonstrate that you meet certain requirements. One of these requirements is that your injuries were caused by a workplace accident. This can be problematic for an employee who has a pre-existing condition.
Typically, your employer is going to claim that your injuries were due to a previous accident or medical condition. It may not sound fair, but between your employer and their insurance carrier, they’ll do whatever they can to deny your claim. This is why when clients come in to meet with one of our workers compensation attorneys in Miami, Florida, we like to take a detailed look at their medical records so we can find out what it is the insurance company is basing their denial on.
The important thing to know is that even if you had a pre-existing condition, that doesn’t preclude you from qualifying for workers comp. You could have a pre-existing condition regarding your back. If your workplace injuries were related to your knees, then that’s totally unrelated to your prior injuries. Of course, your injury attorney in Miami will have to prove this. This is why they’ll look at both your medical records and the incident report to find out what really happened.
Here, we’ll discuss how your pre-existing condition could impact your workers comp case. We will also explain what your medical records may reveal about your pre-existing condition. Finally, we will explain what your workers compensation attorney in Miami can do to help.
Does Your Pre-Existing Condition Impact Your Work?
Whether or not your pre-existing condition will impact your workers compensation claim depends on the type of condition you had. Sometimes, employers deny workers comp claims and say it was because the worker had a pre-existing condition. They don’t always reveal what that condition was. Nor do they always indicate how that pre-existing condition related to their workplace accident. What they do is deny your claim hoping that you’ll walk away without putting up a fight. The last thing they think you’re going to do is hire a workers compensation attorney Miami to help you file an appeal.
Certain medical conditions can have a significant impact on your workers comp claim. For example, if you’re claiming that a workplace illness or injury caused your cancer, and you already have cancer, there may be an issue. It will depend on what kind of cancer you had before compared to the type of cancer you have now. It also depends on what kind of proof you have. If you work at a place that is known to have asbestos within the walls, it may be easier to claim that your work conditions caused your illness.
However, if there’s never been any evidence that you work in a dangerous place or with dangerous materials, it may be difficult to prove that you’re entitled to benefits. What will happen is your workers compensation is turning Miami will have to hire medical experts to testify that your injuries or illness is indeed tied to your workplace accident.
Your Workers Compensation Attorney in Miami Will Have to Review Your Medical Records
Before your injury attorney Miami can promise you anything, they’ll have to review your medical records. What they’re going to look for are any signs that you had a similar injury in the past to the one that you are complaining of now. This can require painstaking work. If you were only out of work for two or three weeks, and you are demanding that you be paid retroactive benefits, then your attorney may not want to do all this work. They certainly aren’t going to want to hire medical experts and pay to have special reports done if they don’t think your claim has any merit.
If, however, you’ve been out of work for months and the doctor doesn’t think you’ll be able to return anytime soon, it may be worth the investigation. Your injury attorney in Miami can talk to some of your previous doctors and get their opinion on whether your current injuries are related to your pre-existing condition. They’ll also talk to the workers compensation doctor that treated you immediately following your workplace accident.
Their goal is to find out if, in the doctors’ heir expert medical opinions, they believe that your current injuries are truly tied to your pre-existing condition. If your workers comp doctor argues that they are related, your workers compensation attorney in Miami can always get a second opinion. This second opinion will be performed by an independent doctor who has no stake in the case.
The Insurance Company Will Go Back 10 Years
Sometimes, your employer’s claim that your current injuries are related to a pre-existing addition is ridiculous. Insurance companies only go back 10 years to see if you have any documented pre-existing condition. If they don’t find anything except for an injury when you were a child, they will be hard pressed to convince anybody that you should be denied benefits.
Knowing that the insurance company will go back 10 years, your workers compensation attorney Miami will do the same thing. They aren’t going to look and see if you had a childhood illness or broke a bone falling out of a tree when you were 10 years old. They’re looking to see if you have any recent medical conditions or illnesses that could have led to your workplace accident.
Reach Out to One of Our Skilled Workers Compensation Attorneys in Miami
If you’re having a difficult time getting your workers compensation benefits approved, it’s time you speak with a workers compensation attorney in Miami. If the reason for your claim being denied is that you have a pre-existing condition, your attorney will look to see if that’s the case. If they don’t feel your pre-existing condition has anything to do with your current injuries, they may be willing to represent you.
All you have to do is call our office and schedule your free, initial consultation. Let one of our injury attorneys in Miami assess your case and decide if it makes sense to move forward with legal action. Since your consultation is free, and since you don’t pay our attorney until after we settle your case, you have nothing to lose.