Will Workers’ Compensation Cover Preexisting Conditions Made Worse By Employment?
Bryan Greenberg
Workers’ Compensation
When you are injured on the job and cannot work, under workers’ compensation, you can receive benefits such as paid medical bills and lost wage replacement. For example, if you are a nurse and tear your rotator cuff while moving a patient, the medical treatment, follow-ups, therapy, and your wages will be paid for under workers’ compensation. But what if you already had a condition that was simply aggravated or worsened by a job duty or a work-related accident? Would you still be eligible for workers’ comp benefits?
Workers’ Compensation And Preexisting Conditions
Florida law requires that a workers’ compensation claim be paid to you if you have a preexisting condition that your workplace injury aggravates or accelerates. You have a right to recover workers’ compensation benefits. However, such claims are often denied because it is difficult to prove that work or a work injury aggravated or worsened your preexisting condition.
While a preexisting injury does not prevent you from collecting compensation, it will complicate things. That is why it is important to hire an experienced Florida workers’ compensation attorney to make sure you are not denied and get the benefits you deserve.
Where Your Original Injury Happened Matters In Workers’ Compensation
If your preexisting condition did not occur at the workplace, you will see a decrease in your benefits, especially the permanent disability benefits. This is due to the fact your employer will in all likelihood claim your new injury is only an aggravation of your previous injury.
It is important that you provide your medical provider with a complete documented history of your previous injury. You should also consider finding a physician who specializes in treating workplace injuries as they will know the requirements and terminology for your claim.
How To Protect Your Workers’ Compensation Claim
You can expect the insurance company to fight against you. They will look for any reason not to pay your claim, and any preexisting injury or condition can be the reason they may use. In the state of Florida, the current workplace injury must be a minimum of 51% of the reason for your need for medical treatment. Here are some of the ways you can protect yourself:
• File Your Claim Right Away – Florida law gives you 30 days to file your claim. If you do not report your injury in a timely manner, your claim will probably be denied.
• Keep And Manage All Of Your Medical Records – Be prepared and collect all of your past medical records as well as all those for your current workplace injury. This is evidence you need to prove that your claim is legitimate.
• Complete The Medical Examination Request – The insurance company will probably request an independent medical examination where a doctor will review your medical history and evaluate your injuries. You must comply in order for your claim to be paid.
• Obtain The Services Of An Experienced Workers’ Compensation Attorney – Workers’ compensation claims, even those that don’t involve a preexisting condition, are a long and complicated process. You need someone who knows the ins and outs of it.
Once you have reported your injury, your employer has seven days to report the injury to their insurance company. The insurance company will begin their investigation immediately. They may begin contacting you regarding the incident that caused the injury. They will also request your medical records. They will start working on denying your claim or giving you the minimum amount of compensation.
Insurance companies will look for any reason not to pay your claim. The attorneys at All Injuries Law Firm, P.A. will fight for your right to obtain compensation for your workplace injury. With over 30 years of experience, we know how to deal with insurance companies, and our reputation proves it. Give us a call at 1-941-625-HURT to learn more.