If you had a prior injury or health condition before your workplace accident, you may be worried that it will prevent you from collecting workers’ compensation benefits in Florida. This is a common concern, but the good news is that having a pre-existing condition does not automatically disqualify you from receiving benefits.
The Aggravation Rule
Florida workers’ compensation law recognizes what is known as the aggravation doctrine. If a workplace injury aggravates, accelerates, or worsens a pre-existing condition, you may still be entitled to benefits for the portion of your disability that is attributable to the work injury.
For example, if you had a prior back condition and a work accident causes it to significantly worsen, you can pursue workers’ comp benefits related to that worsening, even if the underlying condition existed beforehand.
How Insurance Companies Use Pre-Existing Conditions Against You
Insurance carriers frequently seize on pre-existing conditions as a way to minimize or deny claims. They may argue that your current symptoms are entirely related to your prior condition and have nothing to do with your workplace injury. They may also arrange for an Independent Medical Examination (IME) by a doctor of their choosing who may support this position.
This is one of the most common strategies used to reduce benefit payments, and it is exactly why having an experienced attorney matters.
Medical Evidence Is Key
Successfully navigating a pre-existing condition defense requires strong medical evidence. Your treating physician’s records, opinions, and testimony can establish the connection between your workplace injury and your current symptoms or worsening condition. An attorney who understands how to build this kind of case is invaluable.
Do Not Assume You Have No Case
Many injured workers with prior conditions assume they are not eligible for workers’ comp and never pursue benefits they are actually entitled to. Do not make that mistake. Even complex cases involving significant medical history can result in meaningful benefits with the right legal representation.
William Heller Understands the Complexities
With over 35 years of experience in Florida workers’ compensation law, attorney William Heller has handled countless cases involving pre-existing conditions. He knows how to present medical evidence effectively and counter the arguments insurance companies make.
If you have been injured at work and have a pre-existing condition, do not let the insurance company tell you that you have no case. Call William Heller today for a free consultation at (954) 921-7171.