Sarasota Pre-Existing Conditions Lawyer
Suffering a work-related injury can be costly and painful. Many workers sustain injuries that lead to lost work days and expensive medical bills. For workers who have pre-existing conditions, a workplace injury can be even more debilitating. While many employees throughout the Sarasota, Florida area may be eligible to seek workers’ compensation benefits, others may be concerned about whether their preexisting conditions will prevent them from being able to obtain benefits under Florida workers’ compensation law.
It is important for injured workers to know that the insurance company may try to deny the claim due to a preexisting condition, but an experienced Sarasota pre-existing conditions lawyer can fight for your rights to compensation and can work to prove that the work accident was largely responsible for your injury.
Pre-Existing Conditions and Sarasota Workers’ Compensation Claims: Proving the Workplace Accident Was the Major Contributing Cause
When you have a pre-existing condition, such as a back injury or a muscular disease, for example, the insurance company may attempt to deny your claim by saying that your pre-existing condition was responsible for your workplace injury. Yet it is essential for injured workers to understand that the workers’ compensation insurance companies must pay out workers’ compensation benefits when the workplace accident or condition that led to your injury was the major contributing cause (MCC) of the injury.
To be clear, if you do have a pre-existing condition and the insurance company says your pre-existing condition caused your injury, then you will need to demonstrate that either the accident that resulting in your injury or the conditions that led to your occupational illness was the major contributing cause. Typically the accident or workplace condition needs to be greater than 50 percent responsible for your injury or occupational illness.
Compensation When a Sarasota Workplace Accident Aggravates a Pre-Existing Condition
You also may be eligible to obtain workers’ compensation benefits in Sarasota if you can prove that the workplace accident or exposure aggravated a pre-existing condition. Again, in order to be eligible to obtain compensation, you will need to prove that the workplace accident, exposure, or dangerous condition was more than 50 percent responsible for your current injury.
Gathering Medical Evidence for Your Sarasota Workers’ Compensation Case
A healthcare provider can perform a medical assessment, and may be able to provide the evidence you need to obtain workers’ compensation benefits. Aside from seeking medical treatment after your workplace injury, it is also essential to comply with your employer’s or the insurance company’s request for an Independent Medication Examination (IME).
Medical evidence can support your position that the workplace accident was the major contributing cause of your injury, and that you would have sustained an injury even if you did not have a pre-existing condition.
Contact a Sarasota Pre-Existing Conditions Attorney
Your workers’ compensation claim cannot be denied solely because you have a pre-existing condition. When a workplace accident or exposure was more than 50 percent responsible for your current condition, our Sarasota workers’ comp attorney can help you get the benefits you deserve. Contact Barbas Nuñez Sanders Butler & Hovsepian for more information.