Do Pre-existing Conditions Affect Workers’ Compensation Claims?
Most of the time, workers’ compensation benefits are only given to employees who sustain brand new injuries while on the job. However, there are some situations in which having a pre-existing condition will not bar an employee from receiving benefits anyway. In general, if a person can show that a pre-existing condition worsened as a result of their employment, they may still be able to recover workers’ compensation.
Must Establish Major Contributing Cause
A significant number of U.S. workers have pre-existing conditions – anything from back pain to sore joints may technically qualify. This used to effectively bar the sufferers from receiving workers’ compensation benefits (and, in some cases, from receiving standard medical care!). Now, if a worker can show that their pre-existing condition was specifically aggravated by their job duties, or if symptoms that had previously abated reoccur, benefits may be back on the proverbial table.
While different states have different policies on this issue, Florida’s is fairly clear and explicit. State law holds that an injured worker will be eligible for benefits if they can show that their new injuries or aggravation of that injury is more than 50 percent responsible for their current symptoms. This is known as establishing a major contributing cause (MCC), and unless it can be definitively established with medical evidence, the worker’s claim for benefits will likely be denied because they could simply have re-injured themselves while off the clock.
Gather Evidence
Since a major contributing cause is so pivotal in terms of being able to seek workers’ compensation benefits, solid medical evidence is crucial. If you receive treatment for your condition before filing for benefits, retain all possible records. It may also be worthwhile to enlist the help of your doctor or doctors to provide expert testimony as to your level of impairment. The more evidence you have, the more persuasive your case will be.
It is also crucial to comply with Florida state law in terms of providing notice to your employer and complying with any requirements they may have. For example, a person must report a work injury within 30 days of its happening, or within 30 days of diagnosis if a pre-existing condition has worsened. It also may be required by your employer that you go through what is known as an independent medical exam (IME). Failure to comply with any of these measures can lead to a blanket denial of benefits.
Contact An Orlando Workers’ Compensation Attorney
It can be difficult to determine when a pre-existing condition has worsened, but once you discover that it has, you must act fast if you believe that the worsened symptoms are due to your work. An Orlando workers’ compensation attorney from the Hornsby Law Group can help to answer your questions about how best to handle this issue. Call our office at (407) 499-8887 to schedule a free consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.09.html
