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Workers’ Compensation claims that involve injuries on or after October 1, 2003, are subject to changes in the law. These changes include a new definition of a “pre-existing condition.”
In general terms, a “preexisting condition” is a medical condition which a worker had prior to a claimed work injury or occupational disease, and which contributed to it. With the new law and definition, these conditions must be taken into account during the determination of whether the workers’ compensation claim will be covered.
The most important consideration of the changes in the definition is: the purported preexisting condition now must “contribute to” at least 51% of the disability or need for treatment, not just “predispose” the worker to disability or need for treatment. This is called “Major Contributing Cause” and it is used frequently by insurance carriers to deny claims. Many times these denials are wrong and you should contact an attorney to discuss your case regarding pre-existing conditions for workers in Florida.
Unfortunately insurance companies will very often deny your case when they find prior injuries, even when the prior injuries have nothing to do with your current injuries. There are differences in the law between industrial injury section and the law’s definition of a “pre existing condition.” The Industrial Injury section of the law has a “requirement of a diagnosis or medical services or treatment preceding the claimed condition”; this requirement is not listed under the definition of “preexisting condition” for occupational disease claims for workers in Tampa, FL. When the insurance companies deny claims (inappropriately) based on these wording differences you really do want an attorney backing your claim!
Preexisting condition means any injury, disease, congenital abnormality, personality disorder or similar condition that contributes to disability or need for treatment.
The new definition requires that the alleged preexisting condition contribute to disability or need for treatment. The new law explicitly states that a preexisting condition does not “contribute to” disability or need for treatment, “if the condition merely renders the worker more susceptible to the injury,” in industrial (Workers Compensation) injury claims.
With respect to injury claims, the new law now places the “burden of proof” from the employee to the employer in cases where the Tampa work injury combined with a preexisting condition to show that the current injury is at least 51% of the disability and need for treatment.
The “burden of proof” refers to which party in a dispute has the responsibility to present evidence to prove a particular point. The injured party must prove he (or she) suffered a “compensable work injury” or an “occupational disease”. You will likely need the help of a professional here. You should note that under the new law that if the “compensable injury” combines with a preexisting condition, the resulting combined condition is compensable only as long as the injury is the major contributing cause of the disability or need for treatment.
An “occupational disease” is any disease or infection arising out of employment and caused by substances or activities the worker is subject to or exposed to during regular actual employment, and not ordinarily exposed to outside of employment. The disease or infection must require medical services or result in disability or death. It may come from ingesting, inhaling, absorbing or contacting dust, fumes, vapors, gases, radiation or other substances. It may be a mental disorder, sudden or gradual in onset. It may be a series of traumatic events or occurrences (including the multiple “micro-traumas” of repetitious physical activities).
To summarize, the standards for a preexisting condition under the new Tampa Workers Compensation law has been tightened and the employee will have to show that the current injury meets the 51% test in preexisting condition circumstances.
The Law Firm of Kevin A. Moore helps victims of Florida work place injuries receive just compensation for their losses. We’re not just another law firm. He is highly experienced at handling workers’ compensation cases. Dealing with On The Job Injuries is what we do. We serve clients throughout the State of Florida.
Your injury is serious and your legal rights are important to you and your family. Make sure your rights and your family are protected. Call a lawyer. It is critical that you do the research to find a reputable and capable attorney. We believe our success is based not only on our results but in the personal relationships we have with our clients. Attorney Moore’s skill in recovering large awards and settlements speaks for itself about the quality of our representation, quality that we refer to as the “Advantage of Experience.”
This Website discusses our legal practice and our credentials, and it provides powerful educational information on Florida Workers’ Compensation Law. Every case is unique and deserves to be evaluated on its own merits. Please contact us for a free consultation before making a decision about representation. You will speak with Kevin Moore directly, not a staff member.
Our Firm welcomes the challenges offered by difficult cases involving serious injuries and complex issues. If you have been injured due to any work place related incident, do not hesitate to call and talk to us. You deserve to know your valuable Legal Rights.
You Need An Attorney Who Specializes In The Complexities of Workers Compensation Law. What you don’t need is a lawyer who “also” practices Workers’ Compensation. Florida Workers Compensation laws can change regularly and ensuring your lawyer is highly competent in this specific area is critical. As a matter of history, Florida has undergone major workers compensation law changes in 1989, 1994 and 2002. Additionally, the Judges of Workers Compensation continue to modify the law based on their rulings. Attorney Moore is fully apprized of the latest law changes and will position your case to maximize your benefits.
You should select your lawyer for their expertise and experience in specific categories of cases. The “right lawyer” for your Workers’ Comp case is the person who has substantial experience handling a case very similar to yours, who can and will take action at once. Kevin Moore has handled 1,000’s of workers compensation cases since 1992.
What you don’t need is a lawyer who “also” practices Workers’ Comp. More and more, laws are being written that are only fully understood by those few lawyers who are highly competent in specific areas. Finding the “right lawyer”, means a lawyer with substantial workers compensation knowledge and experience, is what you want when you need competent help. Lawyers should be selected for their expertise and experience in specific categories of cases. The “right lawyer” for your Workers’ Comp case is the person who has substantial experience handling a case very similar to yours, who can and will take action at once.
Kevin Moore and his Florida Workers’ Compensation law firm is who you want and what you need
If this preexisting condition occurred because of a Tampa, Florida workplace accident, you should rightfully expect your employer and their insurance company to provide quality care, covering all of your injury related expenses, and compensate you, while you are unable to work if you authorized physician indicates, for your resulting lost income. These are reasonable expectations but all too often you end up having to fight the insurance company for your rightful compensation.
You Are Covered By The Law: According to the Florida Workers Compensation Statute Chapter 440 Section 15 – you could qualify for Temporary Total or Temporary Partial Disability Wages and be entitled to up to 66% of your average weekly wages during the time period of such disability. There are some restrictions and you may have disagreements with the insurance company about them. If this is your circumstance or are worried that you may have such a disagreement with the insurance company then now is the time to contact Kevin Moore’s Florida Workers Compensation Law Firm.Insurance companies are supposed to pay you every two weeks you are out of work because of your injuries. If they don’t pay you timely they owe you penalties and interest. They are also supposed to pay you based upon your last 13 weeks of wages earned. In many cases the insurance company incorrectly calculates your benefits incorrectly and underpays you. You need a lawyer to fight for your lost wage benefits.The insurance company is required to pay your authorized workers compensation medical expenses, prescription medications and your medical mileage. Many times the insurance carrier refuses to pay a medical bill or prescriptions and you are left with these expenses. You need a lawyer to fight to get your medical treatment and medical bills paid.You need an advocateJust when you are at your weakest you may have to fight the insurance company for the most basic benefits. Florida Workers Comp Insurance companies are notorious for denying claims, and denying rightful or quality care and services. The insurance company’s goal is to save money – not to assure you your rightful care and compensation. If you have had a catastrophic injury you are not in a position to fight the insurance company and more than likely neither is your family. You need to know that your lawyer will take care of the issues that arise and have your best interest at hand.The Law Firm of Kevin A. Moore will listen to you with compassion and understanding. Attorney Kevin More will evaluate your medical records, communicate with your doctors and deal with the insurance adjuster and attorney.. If you are not getting what you are entitled to, Kevin is ready to fight the insurance companies for you at depositions, mediations and, if necessary, at trial. With Kevin Moore as your attorney, you will have one of the most experienced Florida Workers Comp lawyer in the State of Florida representing you.
Kevin Moore has been aggressively practicing law and guiding and protecting his clients’ interests since 1992. Kevin and his Firm have handled thousands of workers compensation cases and a significant number of cases involving catastrophic injury. No Florida Workers Compensation attorney will do a better job in seeing that you get justice and compensation for your workplace loss. Call us or contact us now. His consultations are always free and you never pay a fee unless we win your case. No matter where you are in Florida, The Law Firm of Kevin A. Moore will be on your side and by your side.
Our main goal is taking care of our clients. Kevin handles all of his cases personally, speaks with each of his clients regularly and is always fighting to get the benefits you deserve. Our culture revolves around client services. Our primary focus is to do excellent work for each and every client; to go all out and win the case. Building solid relationships with our clients and producing great results is what we do.
Call for a free consultation to learn more about pre-existing conditions for workers in Florida, and what you can do to collect workers comp if your workplace worsens your illness or injury.
