Pre-Existing Condition? You May Still Qualify For Fort Lauderdale Workers’ Compensation Benefits
You may have already been dealing with back pain or other chronic health conditions for years when an on-the-job accident happens, making it much worse. Unfortunately, pre-existing conditions are a common reason insurers use to deny Florida workers’ compensation claims.
State laws protect you in this situation. If your pain increased because of a work-related task or on-the-job accident, you may still be eligible for benefits. Our experienced Fort Lauderdale workers’ compensation lawyer explains your rights and how to fight back against unfair denials.
You Can Still Qualify For Florida Workers’ Compensation Benefits, Despite Pre-Existing Conditions
Just because you suffer from a pre-existing condition doesn’t mean your current injury isn’t real or work-related. Florida law recognizes that job duties can aggravate or accelerate ongoing health concerns, especially in physically demanding jobs.
Section 440.09 of the Florida Statutes states that workers’ compensation applies when a job-related accident causes a “compensable exacerbation” of a pre-existing condition. You may still qualify for it if:
- You had mild symptoms before, but they worsened dramatically after a specific accident or injury on the job.
- A repetitive motion required by your job aggravated an old injury that had been stable for years.
- You had prior surgery, but reinjured the same area while performing your assigned duties.
- A workplace fall or lifting incident triggered new severe pain in an old problem area.
- Your job activities combined with your pre-existing condition to create a new injury.
Your job doesn’t have to be the only cause of your injuries, but it does have to be a major contributing factor.
How to Fight Back If Denied Florida Workers’ Compensation Due To Pre-Existing Conditions
Claims involving pre-existing conditions get denied more often, but not because they’re invalid. When insurers downplay the situation or dispute claims, you can fight back. To get the benefits you are entitled to through the Florida Division of Workers’ Compensation, take these steps:
- Report your injury immediately to your employer, even if it feels like just a flare-up.
- Get treatment through your employer’s authorized workers’ compensation doctor.
- Explain how your specific job duties made your condition worse, including exact tasks that caused pain.
- Keep copies of all medical records showing worsening symptoms after your work injury.
- Avoid saying it’s “just an old injury” and focus instead on the recent aggravation caused by your work.
If you are denied benefits or pressured to drop your claim, contact our Fort Lauderdale workers’ compensation lawyer right away.
To Schedule A Consultation, Contact Our Experienced Fort Lauderdale Workers’ Compensation Lawyer
When on-the-job injuries happen in Fort Lauderdale, workers with pre-existing conditions often get overlooked and dismissed. At The Law Offices of David M. Benenfeld, P.A., our Fort Lauderdale workers’ compensation lawyer fights to make sure your injury gets taken seriously and that you receive the medical care and lost wages you deserve.
We have over 30 years of experience, providing personalized attention, exceptional service, and proven results. Contact us today to schedule a consultation in our Fort Lauderdale, Sunrise, or West Palm Beach office.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.09.html
myfloridacfo.com/division/wc