The workers’ compensation system in the United States is designed to provide benefits to anyone who has suffered an illness or injury during the course of their employment. While there are a large number of workers’ compensation claims that relate to things like machinery accidents, broken bones, and other types of singular events, it is possible to file a claim for any injury that is work-related. This includes a situation where your job has aggravated a pre-existing condition.
Unfortunately, the process to file a claim related to some type of pre-existing condition is typically more challenging than most workers’ compensation claims. In some situations, employers, along with their insurance companies, may try to downplay how severe the injury was or deny the fact that the injury is related to the work because of the pre-existing condition. They may even make the claim that since your injury was already in existence, you are lying regarding it being related to your work activities in an effort to receive benefits.
If you are currently facing this type of situation with your own workers’ compensation claim, you need to remember that you are due benefits. The key is to prove the link between your day-to-day on-the-job tasks and the aggravation of the injury. In many cases, hiring a workers’ compensation injury attorney to help will be the best move.
Statute of Limitations in Florida Related to Workers’ Compensation Claims
If you plan to file a workers’ compensation claim for your pre-existing condition, you need to know the statute of limitations law in Florida. A work injury that is associated with a pre-existing condition is usually repetitive strain injuries or injuries that result in repeated and tedious motions, like typing. Unlike the injuries that are able to be linked to a specific incident, these injuries have timelines that are very difficult to nail down.
According to the law, you have two years after the date of the injury to file a claim. If you had an injury that developed and worsened over time or if it is unable to be linked to a specific accident, the statute of limitations will begin when you have realized that it was your job that caused the injury. Your employer and your employer’s insurance company may try to reduce the value of your claim by stating that you did not file within the stipulated statute of limitations. At this point, the help of a medical team and legal professionals can be invaluable.
Contact Us to Learn More
If you find yourself in a situation where your employer or your employer’s insurance company is trying to deny or devalue your workers’ compensation claim, we can help. Contact Sternberg / Forsythe, P.A. by calling (561) 687-5660 for help and information about your case. You will find our legal team will fight aggressively for your rights.