Local Workers’ Comp Attorney On Claims With Pre-Existing Conditions

Whether you were hurt on the jobsite at one of the new apartments going up in North Port, or by a violent patron of the business you work at, as an injured worker with a pre-existing condition, you face unique challenges when filing a workers' compensation claim. Dealing with the complex legal and medical issues surrounding causation with a prior injury or illness requires strategic preparation and persistence.

Understanding the claims process, procedures, and timeline provides you the knowledge to take control of your case. Implementing proactive communication and documentation habits proves instrumental in demonstrating your injury resulted from the workplace incident. Collaborating with experienced legal counsel at All Injuries Law Firm who are skilled in building a compelling claim helps you meet strict evidentiary standards. Though pre-existing conditions introduce complications, you can successfully argue your entitlement to benefits with a fact-based, organized approach. Equip yourself to overcome hurdles through research, organization, and partnership with knowledgeable advocates at All Injuries Law Firm In Port Charlotte.

Understanding How Pre-Existing Conditions Affect Workman's Comp

Existing Health Conditions Are Not Automatically Covered -

Pre-existing health conditions are not covered under workers' compensation, as it only applies to injuries that arise out of and in the course of employment. However, if a work-related accident aggravates a pre-existing condition, causing additional disability or need for treatment, the workers' comp carrier may be responsible for covering it.

The key is establishing that the employment contributed substantially to the worsening of the pre-existing condition.

Proving Aggravation of the Condition

To prove a pre-existing condition was aggravated by a work injury, you must show:

1. You had a pre-existing health condition that was stable or non-disabling before the work accident.

2. The work accident directly caused an aggravation, acceleration, or exacerbation of the pre-existing condition.

3. The aggravation of the pre-existing condition resulted in disability or need for medical treatment.

4. The treatment and disability are causally related to the work accident, not the natural progression of the pre-existing condition.

Disclose Pre-Existing Conditions to Your Employer

It is important that you disclose any pre-existing health conditions to your employer, especially those that may affect your ability to perform job duties. Failure to disclose a pre-existing condition that is aggravated by a work injury can jeopardize your ability to receive workers' compensation benefits. Be open and honest in communications with employers, physicians, and insurance carriers regarding your health history and conditions.

Seek Legal Counsel For Claim Denials

Given the complex nature of workers' compensation claims involving pre-existing conditions, it is advisable to seek counsel from a workers' compensation attorney at All Injuries Law Firm of Port Charlotte. They can help you gather necessary evidence, deal with insurance companies, and build a strong case to prove your work injury aggravated your pre-existing condition. With the right strategy and legal support, you have a good chance of getting the benefits you deserve.

Proving Your Injury Was Caused by Your Job, Not a Pre-Existing Condition

As the injured worker, the burden of proof is on you to establish that your work injury is the major contributing cause of your need for treatment or disability. To receive workers' compensation benefits, you must prove the new injury or illness is directly related to your job.

Aggravation of Pre-Existing Conditions

If a pre-existing condition was aggravated or accelerated by a work-related accident or injury, it should still be covered under workers' compensation. However, the treating physician must certify that the new injury is the predominant cause of the need for treatment. The physician should compare your condition before and after the work injury to determine whether the new injury is the major contributing cause.

Medical Evidence
To prove your claim, submit detailed medical evidence from your treating physicians demonstrating how your work duties directly caused or aggravated your injury or illness. The

medical reports should contain your diagnosis, prognosis, nature of treatment, causation opinions, work restrictions and expected recovery period. Imaging studies, diagnostic tests and a description of the mechanism of injury can also support your claim.

Witness Statements
Written witness statements from co-workers who observed your accident or can attest to the physically demanding nature of your job duties can help establish that your injury arose from your employment. Their accounts of the events leading up to your injury and observations of how you were affected can provide compelling evidence to support your claim.

By providing persuasive medical and factual evidence that your work injury is the predominant cause of your disability or need for treatment, you can overcome the challenges of navigating workers' compensation claims complicated by pre-existing conditions. An experienced workers' compensation attorney can help you build a strong case to prove your entitlement to benefits.

Choosing the Right Workman's Comp Lawyer to Help You Win Pre-Existing Condition Denials

Seek Legal Counsel with Experience Handling Pre-Existing Conditions

For the best outcome in your workers' compensation claim involving a pre-existing condition,retain an attorney who has expertise in this area. Lawyers well-versed in pre-existing injuries and illnesses understand how to gather medical evidence establishing the connection between your condition and your work duties. They can also determine if your state's laws provide coverage for aggravations of pre-existing conditions. An experienced lawyer will know how to counter arguments from insurance companies trying to deny your claim based on your prior condition.

Review the Lawyer's Track Record and References

When evaluating potential worker's comp lawyers, ask about their success rate for obtaining benefits in cases involving pre-existing conditions. Check online reviews from former clients in similar situations.

Contact a few references they provide to inquire about the lawyer's responsiveness, guidance, and ability to resolve claims. An attorney's background and references can indicate their skill in navigating the complexities of the workers' compensation system.

Discuss Fees Before Hiring the Lawyer
Most workers' compensation lawyers work on contingency, meaning you pay no upfront fees and they receive a portion of your settlement. However, you will still be responsible for costs like medical records fees or deposition expenses. Understand the lawyer's fee structure and

percentage before agreeing to representation. While you want an attorney incentivized to maximize your claim amount, be wary of those requesting an excessively high percentage.

With the right legal counsel and by following their guidance, you can successfully pursue a workers' compensation claim despite having a pre-existing condition. An experienced lawyer knows strategies to prove your injury or illness was caused or aggravated by your work environment or duties. They can help you obtain the benefits and medical care you need to recover from your work-related condition.

Strategies Your Workman's Comp Attorney Can Use to Overcome Pre-Existing Condition Hurdles

Conduct a thorough investigation into the details of your injury.
Your attorney will investigate the specifics of your work injury to determine whether and to what extent it aggravated or accelerated your pre-existing condition. Eyewitness statements, medical records, and testimony from your treating physicians can help establish a causal link between your work duties and your current condition.

Argue your work exposure substantially contributed to your disability.
Even if your work activities did not directly cause your injury, your attorney can argue that they substantially aggravated or accelerated the progression of your pre-existing condition, resulting in disability. The key is demonstrating that without the work exposure, your condition would not have worsened to the point of disability at that time.

Request an independent medical examination.
If the insurance company denies your claim based on a pre-existing condition, your attorney may request an independent medical examination. An independent doctor can provide an unbiased opinion on whether your work exposure contributed to your current state of disability.

Their testimony and reports can be crucial in overcoming objections related to pre-existing conditions.

Negotiate a settlement for the costs related to the work aggravation.
If the insurance company will not accept full liability, your attorney can negotiate a settlement for the additional disability, medical costs, and lost wages specifically related to the aggravation or acceleration of your pre-existing condition due to the work events. Any settlement should also consider potential future expenses related to your worsened condition.

While a pre-existing condition adds complexity to a workers' compensation claim, an experienced attorney has the knowledge and skills necessary to overcome related hurdles. With medical evidence and expert legal arguments, pre-existing conditions do not have to preclude you from receiving fair benefits under the law.

Answers To Workers' Comp Questions People Ask Us

Do I Need a Workman's Comp Lawyer for My Claim if I Have a Pre-Existing Condition?

If you have a pre-existing medical condition, consulting with an experienced workers' compensation attorney is highly advised. Pre-existing conditions can complicate claims and lead to lengthy legal disputes if not handled properly from the outset. An attorney at All Injuries who specializes in workers' compensation law will be able to evaluate how your pre-existing condition may impact your claim and determine the best strategies for securing maximum benefits.

Will My Claim Be Denied Due to My Pre-Existing Condition?

Not necessarily. While employers and insurance companies may attempt to attribute your injury or illness solely to your pre-existing condition, this does not mean your claim will automatically be denied. With the help of legal counsel, you can present evidence that your work activities substantially aggravated or accelerated your pre-existing condition. Your attorney at All Injuries Law Firm can also ensure proper medical evidence is obtained to support your claim.

How Can an Attorney Help Me Prove My Claim Is Legitimate?

Whether you are represented by Attorney Brian Sutter or Attorney Bryan Greenberg, your attorney at All Injuries Law Firm will review your medical records and work history to build a strong case. They may obtain statements from your treating physicians indicating how your occupational duties aggravated your condition. Your attorney can also hire expert witnesses to evaluate your condition, review test results, and provide medical opinions to conclusively prove your claim is work-related.

What If My Claim Is Initially Denied?

Do not lose hope. An experienced work injury attorney at All Injuries Law Firm can help you appeal the decision and get your claim reconsidered. Through negotiations or litigation, your attorney has the best chance of overturning an unfavorable decision by the insurance company and securing the benefits you rightly deserve under the law.

For those with pre-existing medical conditions, consulting a qualified work injury attorney is the best way to overcome complications, build a persuasive claim, and maximize the benefits awarded to you through the workers' compensation system. An attorney who knows the complexities of the law and has a proven track record of success in these types of claims can make all the difference.

Contact All Injuries Law Firm Of Port Charlotte, Florida if you have a pre-existing condition and have a new workers' compensation claim.

We can help you today for Pre-Existing Conditions Complicate Claims
If you have a pre-existing medical condition and sustain a new work-related injury, the workers’

compensation process can become complicated. Insurance companies may deny your claim or reduce benefits, arguing your current condition is unrelated to your employment. At All Injuries Law Firm, our experienced attorneys understand how to build a compelling case demonstrating your pre-existing condition was aggravated or exacerbated by an injury at work.

An Experienced Team Gets Results
With over 35 years helping injury victims in Port Charlotte and across Florida, All Injuries Law

Firm has the knowledge and skill to overcome objections from workers’ compensation carriers.

We will review your medical records, gather additional evidence from your doctors, and make a persuasive argument for benefits on your behalf. Our track record of success in navigating complex claims and appeals means we can help even in difficult circumstances.

Don't Delay - Get Help Today
If you've been injured at work and already suffer from a pre-existing condition, don't delay in contacting our office. Evidence in support of your claim may degrade over time, and witnesses' memories can fade. All Injuries Law Firm offers free consultations to evaluate the merits of your case and discuss strategies for maximizing your benefits. We work on contingency, so you pay nothing up front and we only get paid if we win your claim. For experienced counsel and compassionate support, contact us today.

As you negotiate a workman's compensation claim with a pre-existing condition, remember to be proactive and strategic. Thoroughly document your injury and medical history. Seek legal counsel early to understand your rights and options. Communicate openly with your employer about accommodations. Approach negotiations practically but stand firm when needed. Most importantly, don't let a prior condition prevent you from getting the assistance you need and deserve. With advanced planning and assertive advocacy, you can overcome challenges and reach an equitable outcome.