Can a Preexisting Injury Affect My Workers' Compensation Claim?

Can a Preexisting Injury Affect My Workers’ Compensation Claim?

On Behalf of Rosenthal, Levy, Simon & Sosa | June 31, 2024 | Workers' Compensation

If you suffered an injury on the job in Florida, you are covered by workers’ compensation and are entitled to fair compensation for your lost income and medical bills. It’s also true, however, that the insurance company handling your claim is invested in keeping its profits high and your settlement low, and one of the tools at its disposal is preexisting injuries. If you have a preexisting injury and were harmed in the course of your work, you need an experienced Port St. Lucie workers’ compensation attorney in your corner.

If Your Preexisting Injury Relates to Your Work Injury

If you have a condition or injury that relates in some way to the injury you suffered on the job or if your preexisting injury is exacerbated by a work-related injury, it can make obtaining fair workers’ compensation that much more challenging. For example, if you were already experiencing back troubles, which are not uncommon, and you injured your back at work, which is one of the most common job-related complaints, the insurance company handling your claim may deny it outright or may do what it can to seriously limit your compensation.

If your preexisting condition has little or nothing to do with your work-related injury, it may not affect your claim one way or the other, but this is not to say that the insurance company handling your claim won’t attempt to limit your compensation due to your preexisting condition. Having the skilled legal guidance of a compassionate workers’ compensation attorney on your side is always advised.

Proving that Your Injury Worsened

To bring a successful workers’ compensation claim in the face of a preexisting condition, you’ll need to prove that at least 51 percent of your current condition was caused by the workplace accident. Evidence like the following will play an important role in the outcome of your case:

• Your medical records as they relate to your prior injury
• Your medical records as they relate to your work-related injury
• Your doctor’s accounting of how your work-related injury has negatively affected your overall health and well-being
• Your own account of how your condition has worsened

Protecting Your Workers’ Compensation Claim

There are certain steps you should take to help build your strongest workers’ compensation claim when you have a preexisting condition:

• Seek immediate medical attention after a workplace accident or after recognizing you suffered an injury on the job.
• Let your boss or supervisor know that you were injured on the job, which will trigger the filing of your workers’ compensation claim. In Florida, you have a brief 30-day window to file your claim, which makes time of the essence.
• Carefully maintain all your medical records, including those related to your preexisting injury.
• Carefully follow all your doctor’s advice and instructions, including attending all follow-up appointments.

You Need an Experienced Port St. Lucie Workers’ Compensation Attorney in Your Corner

The formidable Port St. Lucie workers’ compensation attorneys at Rosenthal, Levy, Simon & Sosa know just how challenging workers’ compensation claims that involve preexisting conditions tend to be and will leave no stone unturned in their focused efforts to help you obtain a just settlement. Learn more by contacting us online or calling 561-478-2500 today.