When you are injured at work, you are entitled to claim compensation for your injuries under workers’ compensation laws in Sunrise, Florida. But Florida’s workers’ compensation system isn’t easy to navigate for injured employees. Even though the system is designed to compensate injured workers, there are many areas where you can run into trouble without the help of a professional attorney. One such area is pre-existing injuries and conditions in Sunrise, Florida.
You can file a workers’ comp claim if a work injury makes your pre-existing condition worse, but you’ll want an experienced Sunrise workers’ compensation lawyer by your side. With many workers’ comp lawyers in the area, choosing the best firm isn’t easy. Work Injury Rights is your trusted partner in Sunrise, Florida to handle your workers’ compensation claim and navigate the complex workers’ compensation system in the state. Our lawyers have the necessary skills, experience, and knowledge to handle your claim and win your rightful dues in the process.
In fact, we have represented hundreds of clients and won millions of dollars on their behalf. That is why you need to rely on Work Injury Rights to get the maximum benefits for your workplace injuries. Contact us today at 954-833-5226 to handle your workers’ compensation claim and obtain maximum compensation for your work related injuries even with pre-existing injuries and conditions in Sunrise.
Table of Contents
What Are Pre-existing Injuries and Conditions?
Pre-existing conditions or injuries are previous medical conditions that can be aggravated as a result of your current workplace injury. It can be an old injury that occurred in the past and worsens due to the current workplace injury. As a worker, you need to be aware of these kinds of injuries and medical conditions you have. Workers’ compensation insurance takes into consideration pre-existing conditions and injuries in Sunrise when determining the benefits you are entitled to receive.
If the pre-existing condition isn’t related to a past workers’ comp claim but contributes to your current injury, receiving full benefits under workers’ comp insurance can become a complicated issue. That is why you need to hire the best workers’ compensation lawyer to handle your claim and obtain maximum benefits for your work injury, even when you have pre-existing injuries and conditions in Sunrise.
Under Florida Laws, Do Pre-Existing Conditions or Injuries in Sunrise Bar You from Filing for Workers’ Compensation Claims?
Under Florida’s workers’ comp laws, having a pre-existing condition doesn’t bar you from receiving workers’ comp benefits. Workers’ compensation benefits should be paid to the injured worker if the pre-existing condition is worsened due to the current workplace injury. But the navigation process isn’t easy when processing a workers’ comp claim in Sunrise, FL.
In fact, the insurance company will always look for ways to deny or dispute your claim, and a very common tactic is to claim that the injury you suffered is a pre-existing condition. The legal principle of MCC or “major contributing cause” comes into workers’ comp claims to facilitate this process. This legal principle states that the injured worker needs to show that his/her workplace injury is at least 51% responsible for his/her current needs of medical treatments or disability.
What Obstacles May I Face with My Workers’ Comp Claim When Trying to Prove Pre-Existing Injuries and Conditions in Sunrise Was Worsened?
An employer should take his employees “as they are” when paying workers’ compensation benefits. The employer cannot make any distinction between an employee who is physically sound and one who comes to the job with a structural weakness that makes him/her suffer long-term injury from a work-related accident. Therefore, the aggravation of pre-existing injuries and conditions in Sunrise due to a workplace accident entitles the affected employee to receive workers’ comp insurance for his/her current injuries.
For example, an employer hires a worker with osteopenia. Now the employer is not liable to grant workers’ comp benefits to the employee since his/her condition isn’t work-related. But if the worker suffers a severe fracture in his/her leg when a heavy object falls on his/her leg while performing his/her job, the injured worker is entitled to receive full benefits from workers’ comp insurance. The pre-existing injuries and conditions might have worsened the fracture, but the injured employee will receive workers’ comp benefits as per Florida’s workers’ comp laws.
The general process of receiving workers’ comp benefits in Sunrise, FL is to file your claim with the insurance company and getting them to pay compensation for your injuries. You need to notify the employer within 30 days of the incident to become eligible to file your claim. If the insurance company denies or disputes your claim due to pre-existing injuries and conditions in Sunrise, you can appeal the claim with the relevant authorities in Florida. That is where you need an experienced workers’ compensation lawyer to handle your claim.
How Can You Protect Your Workers’ Compensation Claim?
Since the insurance company will fight a claim that involves pre-existing injuries and conditions in Sunrise, you should take appropriate steps to protect your workers’ compensation claim. Here is how to protect your claim in Sunrise FL:
- File the claim on time – You should notify the employer about your injury within 30 days of the workplace accident. Promptly filing the claim is important to protect your legal rights.
- Keep all the medical records – When you have a pre-existing injuries and conditions, you should keep all the medical records relating to the pre-existing condition as well as the current workplace injury. It is important to show how your condition worsened due to the current accident.
- Submit to a medical examination – The insurance provider may request an Independent Medical Examination to evaluate your medical history.
- Contact a workers’ compensation lawyer – This is one of the most important things to claim the maximum benefits for your injuries. The lawyers at Work Injury Rights can help you claim adequate compensation for your workplace injuries.
We Can Help You Get Workers’ Compensation With Pre-Existing Injuries and Conditions in Sunrise, FL
When you are injured at work, you are entitled to claim compensation for your injuries. Florida’s workers’ comp laws are complex and require professional assistance to navigate the system. Having a pre-existing injury or condition can make receiving workers’ compensation more challenging.
Contact Work Injury Rights today at 954-833-5226 to handle your workers’ compensation claim in Sunrise, Florida, and obtain maximum compensation for your injuries, even when you have pre-existing injuries and conditions in Sunrise.