Workers’ Compensation for Pre-Existing Conditions: What You Need to Know

Many Florida workers worry about whether they can receive workers’ compensation benefits if they have a pre-existing condition. It is a common concern, since injuries like back problems, arthritis, or old sports injuries can sometimes resurface or worsen due to a new workplace accident. Fortunately, Florida law has clear rules about how these cases are handled.

How Florida Law Addresses Pre-Existing Conditions

Under Florida workers’ compensation law, having a pre-existing condition does not automatically prevent you from receiving benefits. The key factor is whether your job-related accident or activity made your condition worse, even if just temporarily. If work caused a new injury which also aggravated an old one, you may be entitled to medical treatment and wage replacement benefits for both injuries

For example, if you had a prior back injury but a fall at work leads to new symptoms or intensifies your pain, the workplace injury may be considered a compensable aggravation of your condition. Florida courts generally look at whether the work incident contributed at least 50+ percent to the need for medical treatment or lost wages.

Employer and Insurer Responsibilities

Employers and their insurance carriers are required to provide benefits if the work-related activities were the major contributing cause for the need for treatment, which means more than 50% caused by the accident. However, insurers often try to minimize their responsibility by arguing that your current symptoms are solely due to the old injury or unrelated medical issues. They may request extensive prior medical records, independent examinations, or expert testimony to reduce or deny claims.

Because of this, it is important to understand that while insurers must cover the portion of your injury caused by work, they are not responsible for unrelated medical problems unless those problems were aggravated or exacerbated by the work accident, or the treatment of the preexisting or underlying condition is required in order to treat to work accident as well.

Disputes often arise over how much of your condition is truly work-related, and these disputes can delay or complicate benefits.

Protecting Your Rights as an Injured Worker

Workers can take several steps to protect themselves in cases involving pre-existing conditions:

• Report your injury immediately, in writing,  and provide details about how it happened.
• Be honest about your medical history with your doctor and employer. Hiding prior conditions can hurt your credibility and potentially be considered fraudulent.
• Seek prompt medical care from an authorized provider, and follow all treatment instructions.
• Consult an experienced workers’ compensation attorney who can help gather evidence, handle insurer disputes, and ensure your rights are protected.

Take Action Today

If you have a pre-existing condition that has been aggravated by your work, you should not have to face the claims process alone. At De Cardenas Freixas Stein and Zachary, P.A., we are committed to protecting your rights and helping you secure the benefits you deserve. Call us today at 305-377-1505 for a complimentary consultation. Our bilingual team is ready to provide personalized guidance and support every step of the way. Let us help you pursue the compensation you need to move forward with confidence.