If you hurt your back, knee, or shoulder at work and you have been treated for that body part before, you may worry that your prior condition will cost you the benefits you need. That worry is understandable, but fortunately, the state law does not work that way. Pre-existing conditions for workers in Boca Raton do not automatically end a workers’ compensation claim.
State law recognizes that a job can worsen an old injury and allows for benefits when work is the main reason a worker needs care. A knowledgeable workers’ compensation lawyer could explain this part of the case process and help gather medical proof to tie your current condition to your job.
A prior injury does not disqualify a Boca Raton worker from workers’ compensation, as the law covers a workplace accident that aggravates or accelerates an existing condition. Conditions that a job can worsen include:
The key is to show that the job, not simply the passage of time, caused the new need for treatment. Under Florida Statutes § 440.09, an employer must pay benefits when a work accident combines with a pre-existing condition, but only for as long as the job remains the major contributing cause of the worker’s need for care. A pre-existing condition claim can succeed when the medical evidence supports that link.
The state uses a specific test called the major contributing cause. Measured against all other contributing factors, the work injury must be the source of more than half the harm. If a degenerative condition and a work accident both play a role, the accident must be the larger factor for your benefits to continue.
This standard can only be met with medical evidence, not opinions or assumptions. Proving it requires a treating physician to connect the workplace event to the worker’s need for treatment. A Boca Raton comp lawyer could then work with those doctors to document how the job pushed a stable pre-existing condition into one that requires care and workers’ compensation.
Insurance companies know that a prior condition gives them room to argue. For this reason, they often claim that the old injury, not the job, is the real reason a worker needs treatment. To build that case, an insurer may rely on several tactics:
These tactics can be overcome with the right preparation. Detailed medical records, a clear treatment history, and a supportive physician can all rebut the insurer’s story. A Boca Raton lawyer could anticipate these challenges and keep the focus on how the workplace accident changed the worker’s health, not on the pre-existing injury.
A past injury does not erase your right to recover when your job duties make things worse. The law protects you as long as the evidence tells the full story, and the right legal team knows how to present it. Pre-existing conditions for workers in Boca Raton call for careful medical proof and a firm that fights for every benefit.
You do not have to let an insurance company rewrite your medical history. Reach out to Werner, Hoffman, Greig & Garcia today to schedule your free consultation, and let us fight for the benefits you have earned.
...In Just A Few Clicks.
