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Workers’ Compensation Benefits for the Aggravation of Pre-Existing Conditions

Don Van Dingenen • February 13, 2020

The  workers’ compensation  system provides benefits to people who have been injured on the job. Although many workers’ compensation claims relate to incidents such as broken bones, machinery accidents, and other singular events, claims can be filed for any injury that is work-related. This includes cases in which a person’s job aggravates a pre-existing condition.

Filing a claim related to a pre-existing condition can be more difficult than a typical workers’ compensation claim. In many of these cases, employers and their insurance companies attempt to downplay the severity of an injury or deny an injury’s work relation because of the association with a pre-existing condition. They may claim that because your injury existed previously, you are lying about its’ work relation to receive benefits.

When facing these hurdles to your workers’ compensation claim, it is important to remember that people whose work aggravated a pre-existing condition are entitled to benefits. You will need to concretely establish the link between your job and the aggravation of the injury — at Van Dingenen Law, our attorneys can help you do this. We can defend your rights throughout the workers’ compensation claim process and enlist the help of qualified medical experts to demonstrate the occupational link to your employer and their insurance company, if necessary.

Workers’ Compensation Statute of Limitations in Florida

When filing a workers’ compensation claim for a pre-existing condition, it is important to keep the statute of limitations in mind. Work injuries associated with pre-existing conditions are often repetitive strain injuries, or injuries caused by tedious, repeated motion such as typing. Unlike injuries that can be linked to a single incident, the timeline of these types of injuries can rarely be pinpointed.

The statute of limitations on workers’ compensation claims is 2 years following the date of injury. If your injury developed over a long period of time and cannot be linked to a singular accident, the statute of limitations begins once you realize that your job was the cause of your injury. Your employer and their insurance company may attempt to devalue your claim by alleging that you filed it outside of the statute of limitations. Again, the input of a medical expert and the guidance of our skilled legal team can help you establish the timeline of your injury and the viability of your workers’ compensation claim.

The Van Dingenen Law legal team specializes in workers’ compensation law. We are available to discuss your work injury questions during a no-cost case evaluation.

If you are interested in discussing your workers’ compensation case with our lawyers, complete our  contact form   or call (407) 967-5377 to request a free consultation.

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