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Pre-Existing Injuries or Conditions

The Florida workers’ compensation system is not designed to be easy to navigate for injured workers. While the program offers important benefits if you are injured on the job, there are many areas in which you can run into issues. One of the most complicated areas of workers’ compensation deals with pre-existing injuries.

Having a pre-existing condition or injury is one of the most common reasons workers’ comp claims are denied. This is more likely to happen if your pre-existing injury or condition is similar or causally related to your work-related injury.

If you have a pre-existing condition or injury where you are fighting for the benefits you deserve, or your claim has already been denied, it’s important to work with experienced workers’ compensation lawyers.

How to Protect Your Claim

Because the insurance company will fight a workers' compensation claim involving a pre-existing condition, it's crucial to take steps to protect your claim. At WorkInjuryRights.Com™, we recommend:

  • File your claim on time. You have 30 days to report your work-related injury to your employer. Prompt filing of your claim is important to protecting your legal rights.
  • Maintain medical records. When you have a pre-existing condition, you should be prepared to gather medical records and other evidence of both your pre-existing condition and your workplace injury. This will be important to show how your condition has been worsened.
  • Submit to a medical examination. Your employer's insurance carrier will most likely request an Independent Medical Examination in which a physician will evaluate both your work-related injury and your medical history. You will need to comply with this exam.
  • Contact an experienced Florida workers' compensation lawyer. Any workers' compensation claim can be a long and difficult process, but claims involving pre-existing conditions are particularly complex.

After submitting your claim, your employer and their insurance carrier will begin an investigation and ask you about the circumstances of the incident and possibly request your medical records. You do not have to face the insurance company alone! A work injury lawyer will help you build your case and fight for the benefits you are entitled to for your injury.

How Work Injury Lawyers Can Help

Injured workers with a pre-existing condition or injury can face an uphill battle against the insurance company. While workers' compensation law in Florida protects you and entitles you to benefits if your work-related injury worsened your condition, proving this can be challenging and the insurance company will likely fight it.

At WorkInjuryRights.Com™, we help injured workers protect their legal rights and fight for the benefits they are owed. If you are being questioned about the cause or severity of your work-related injury or your workers' comp claim has been denied, our work injury lawyers in Florida are here to help you! Contact us at 954-324-COMP.

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