How Can a Pre-Existing Condition Impact My Workers’ Comp Claim?

When you are involved in an accident at work, whether you trip and fall over a wire or sustain a back injury while trying to lift a heavy box, it can be incredibly frustrating. Not only can your injuries be painful, but they may keep you from working while you accumulate medical bills. Even worse, they can make any prior injuries you had even worse. However, something many fail to consider is how the presence of a pre-existing condition can impact the outcome of a workers’ compensation claim in Florida. If this represents your circumstances, the following blog explores what you should know about these matters, including the importance of working with a Florida workers’ compensation attorney to help you through these challenging times.

What Constitutes a Pre-Existing Condition and Which Are Common?

As the name suggests, a pre-existing condition is any injury or ailment that you endured prior to an accident. For example, if you sprain your ankle while doing yard work at home, and then you slip and fall at work a few days later, the sprained ankle would be considered a pre-existing condition, as it was present prior to the new injury. Not only can a second accident result in new damages, but it can also cause your original injury to grow worse.

While almost any ailment or physical injury can be considered a pre-existing condition so long as it occurs before another accident, some of the most common include, but are not limited to, the following:

• Carpal tunnel syndrome
• Sprains and strains
• Neck or back injuries
• Traumatic brain injuries
• Broken or fractured bones
• Cancer
• Asthma
• COPD
• Epilepsy

What Impact Can a Prior Injury Have on My Workers’ Compensation Award?

In the event you are recovering from a previous injury or managing a condition when you are injured in an accident at work, it’s important to understand how the presence of an old injury can affect your right to file a claim.

In general, you are eligible to pursue compensation for an injury sustained at work, even if it exacerbates a prior injury. As such, you will be eligible to recover compensation for the new injury you’ve sustained and the impact the accident had on your pre-existing condition it to worsen.

Unfortunately, you may find that your employer disputes the claim or their insurer denies it, as they may allege that your prior condition was not worsened by the accident as a means of reducing your compensation. To avoid this issue, you should document all injuries as providing medical records is an effective way of proving when the original injury occurred, as well as the impact your workplace accident that on the condition.

If you have sustained an injury on the job while managing a pre-existing condition, it’s imperative to understand the importance of working with an experienced workers’ compensation attorney to help you recover the funds you deserve. Our team at the Law Firm of Kevin A. Moore understands that this process can be complicated to navigate, which is why we are committed to helping you fight for the compensation you deserve. If you are ready to pursue your workers’ compensation claim, do not hesitate to contact our firm today.