Pre-existing Injuries in a Worker Compensation Case

Pre-existing Injuries in a Worker Compensation Case


Workplace injuries can be inconvenient, painful, and costly. If you've been injured on the job, you may be wondering what your options are. In Florida, if you've been hurt while on the job, you should be entitled to worker's compensation benefits. But what happens if you have pre-existing injuries? Can you still collect benefits? In this blog post, we'll explore what you need to know about pre-existing injuries in a worker's compensation case.


1. Pre-existing injuries and workers' compensation

When it comes to worker's compensation cases, pre-existing injuries can complicate matters. Employers and insurance companies might try to argue that your injuries were not caused by the workplace accident but were an existing condition. If they can prove that you had a pre-existing injury, it could limit the amount of compensation you receive. However, it's important to understand that it doesn't mean you're completely ineligible for compensation.

2. Aggravation vs. new injury claim

Even if you had an existing injury, if it was worsened by a work accident, you may still be entitled to compensation. This is known as an aggravation claim. If your job duties caused an old injury to flare up, you can still file a claim for compensation. However, it's important to determine if the accident caused a new injury or if it was an aggravation of a pre-existing condition, as they can impact the amount of compensation you're entitled to receive.

3. Burden of proof

If you have a pre-existing injury and you believe that it was worsened by your work accident, the burden of proof is on you to establish that the work injury caused the aggravation. This can be challenging on your own, which is why having a knowledgeable workers' compensation attorney can be beneficial. Your attorney can gather evidence and medical records to support your claim.

4. Compensation considerations

Depending on the severity of your injury, you may be entitled to compensation for lost wages, medical expenses, and disability benefits due to your injury. However, if you have a pre-existing injury, the compensation you receive may be reduced, as it may be determined that some of the injury was pre-existing. A workers' compensation attorney can help you understand how your pre-existing injury can impact your compensation and can help you navigate the complex legal system.

5. Seek Legal Help

If you've been injured on the job and have pre-existing injuries, it's important to seek legal help. The team at ARL Attorneys at Law in Orlando, FL, is experienced in handling worker's compensation cases and can help you understand your rights and what compensation you may be entitled to receive. We provide free legal consultations to help you understand your options and determine the best path forward for your case.



If you're dealing with a workplace injury and have a pre-existing injury, it's important to understand how that can impact your worker's compensation claim. It's essential to seek the advice of an experienced workers' compensation attorney who can help you navigate the complex legal system and ensure you receive the compensation you're entitled to receive. At ARL Attorneys at law, we are committed to helping our clients get the compensation they deserve. If you need assistance in a case about worker's compensation in Orlando, FL, contact us today to schedule your free legal consultation.

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