In short, yes; you may still be eligible for workers’ compensation even if you have a pre-existing condition. The key is in proving that your pre-existing condition was significantly aggravated by another work-related injury. If you suffered a re-aggravated injury, you must show that your working conditions, work-related duties, or workplace accident was the primary cause of your re-aggravated injury.
For example, if you have a pre-existing condition, such as arthritis, and you suffer a repetitive motion injury due to prolonged periods of conducting the same, repetitive actions, which re-aggravates your pre-existing arthritis, you will need to show that your repetitive motion injury was substantially caused by your work-related duties. In some cases, this can be incredibly difficult to do.
Unfortunately, having a pre-existing injury will almost certainly complicate your workers’ compensation claim. Employers and their insurance providers will often use the existence of a pre-exiting condition to deny workers’ compensation claims, asserting that the injury for which the claim was opened was not work-related but, rather, caused by the pre-existing condition. This is especially true if your pre-existing condition was the result of a non-work-related injury or occurred at a past place of employment.
However, simply because you have a pre-existing condition, this does not mean you are ineligible to receive workers’ compensation in Florida if you suffer an on-the-job injury. It is crucial that you work with a knowledgeable workers’ compensation attorney as you will most likely face a number of challenges in recovering workers’ comp benefits if you have a pre-existing condition.