1

Get started today

Schedule Your Free Consultation Today!

Fill out the form and someone from our team will contact you. 

Free Consultation

What do you mean I have a preexisting injury?

by FranksKoenig NeuweltOct 30, 20180 comments

What do you mean I have a preexisting injury?

All workers compensation attorneys in Palm Beach County are familiar with the term “preexisting injury.” In the world of Florida’s workers’ compensation system, the use of the word preexisting is a favorite of insurance company doctors who will try to shut down your case by telling you the reason that your back is killing you, your legs and feet are on fire and your toes are numb is because you have a preexisting injury.

Once the insurance company hears that, they will shut down your medical care, stop issuing your checks and tell you to go back to work full duty or you will probably get fired.

Injured worker responses may include:

Huh?

What?

Are you crazy?

Let’s be real, there is no way a roofer can climb a ladder, a bricklayer can crawl on knees or a laborer lift heavy equipment with a herniated disc, torn meniscus or ruptured bicep. But get sent to a work comp doctor who only cares to make the insurance company happy and – before you know it you are being told you have a preexisting injury. This is why it is helpful to have a workers compensation attorney in Palm Beach County.

But what does that mean?

The term preexisting is being used in work comp to say that there is an underlying medical condition that exists In your body that you may never have known about, may neverhave had treatment for and may neverhave found out about but for the workplace accident or injury. Think arthritis. That is a favorite of the work comp doctors.

But wait, it gets weirder.

Not only will the doctors say that you have this condition, but that the major cause of your need for treatment is this mysterious condition that you never knew about, never had pain from and never needed treatment for.

So, for example, a 50 year old roofer falls 15 feet off the ladder and lands on a bucket of paint. He immediately has an onset of low back pain and a burning sensation shooting down his leg and into his feet. He has never hada day off, never hurt his back, never had any medical care for his back and has not even had a chiropractor adjustment. He goes to the work comp doctor who reviews an MRI and tells the worker that he has a herniation; however, the herniation was not caused by the fall. – It was really arthritis and was probably there for many years and even though they need to do a surgery to fix it, it isn’t because he just fell 15 feet onto his back on top of a bucket of paint.

Crazy, right?

One would think that the workers’ compensation laws are set up to protect injured employees. That is logical and reasonable after all.

But it is not that way. What is reasonable and logical is not part of work comp in Florida.

When you are hurt at work, do not rely on your employer, the work comp carrier and especially not the workers’ compensation doctors to do the right thing. This is not to say all work comp doctors are evil and out to get you. It just means that many of them will be quick to point to reasons other than the workplace injury when deciding why you need treatment.

Do not wait for someone else to help you after being hurt at work. Call the Law Offices of Franks, Koenig & Neuwelt for an experienced workers’ compensation attorney in Palm Beach County right away.

 

Palm Beach car accident lawyer

We have offices in Florida, Georgia and Illinois. It is not only important to talk to an experienced workers’ compensation lawyer when you have been hurt on the job, it is also the best way to make sure that you receive proper medical services and lost wages you are entitled to under the law. After all, the Workers’ Compensation law was created to protect you – the employee.

See what Our Clients Have To Say

Florida’s Most Trusted Workers’ Comp Attorneys

Devin Major
Devin Major
August 9, 2022.
Verified
Best team I had ever working for me I really hope anybody who needs legal advise call them
Gregory Diggs
Gregory Diggs
August 4, 2022.
Verified
I recommend this law firm to anyone with a worker's compensation case. The staff does a great job and they treat you like family. Judd Koenig was my attorney and went the extra mile and then some more securing my a nice settlement of my case.
Cynthia Murray
Cynthia Murray
August 3, 2022.
Verified
Great Attorney thank you Eric Lakind and staff Attentive, friendly, answered ever questions got results when I could not do it myself Cynthia
Naisha Dorvilus
Naisha Dorvilus
August 2, 2022.
Verified
Lisa was my lawyer she asked me questions and was very helpful. She and her team communicated with me about my cause and I'm super happy with her service.i will definitely recommend her and her company
Jaime Ieli
Jaime Ieli
July 29, 2022.
Verified
My husband was hurt and never dealt with an attorney before. He looked up attorneys online & thru the grace of God got Lissa Dorsey as his attorney & she was truly amazing! She was very involved, always returned our phone calls & made the whole process as easy for us as she possibly could while my husband treated with Dr's and started his healing process. I would recommend her to any & everyone without a doubt.
Evelin Hernandez
Evelin Hernandez
July 21, 2022.
Verified
Best law firm in Palm Beach County, Lisa and Kim were the best. I recommend this law firm to everyone.
Tammy Dault
Tammy Dault
July 20, 2022.
Verified
Wasn't sure how it would work with me being in one town and lawyer in another but it all worked out in the end thank you for all your hard work.
Brandon moore
Brandon moore
July 19, 2022.
Verified
Great understanding lawyers! They were great in getting me a fair settlement and quick to respond to any questions I had. Thanks Kim and Lisa!
john heller
john heller
July 12, 2022.
Verified
They were always responsive to my calls did an excellent job of getting everything I needed. When it came time To settle my case Andy and J did an excellent job I’m very happy with the outcome and very happy with this law firm I would highly recommend them!!!!