Usually, if you suffer an injury at work, it’s pretty easy to trace it back and find the exact cause. For example, if you fall, it can cause twisted ligaments or tendons, broken bones, or scrapes. However, there are situations where an employee may suffer an actual injury, but the cause of this injury is too difficult to determine.
If you find yourself in this situation, you may feel overwhelmed trying to convince your employer that you were actually injured on the job. While this is true, you still have the right to claim workers’ compensation benefits any time, regardless of the cause, you are injured on the job. In many cases, hiring an experienced Florida workers’ compensation attorney is a smart move.
In a traditional workers’ compensation case where it is easy to determine the cause, the injured individual will file the proper paperwork and undergo a medical evaluation to determine the harm that has occurred and what treatment is best. If the individual had a preexisting condition that could have contributed to the injury, then they are required to prove that the accident that occurred at work was the “major contributing cause” of the harm that they experienced. If they are unable to do this, then the employer is going to automatically assume it was the preexisting condition that resulted in the pain, which will allow them to withhold benefits.
In situations where idiopathic injuries (that is an injury where the cause of it was unknown or “peculiar) occur, the process works in a similar fashion, but in a manner that is much more definite. If there are no preexisting conditions present, the injury is going to be compensable just like any other work injury. However, if the injured individual has a preexisting condition, and they have suffered an idiopathic injury, then the preexisting condition will be the assumed cause of the injury unless the employee is able to establish that their job created the hazard of the risk. In this situation, the burden of proof is much higher than with injuries where the cause is clear.
It is important to understand that if there is no preexisting condition present, the injured individual doesn’t have to provide any proof regarding how the injury occurred or the actual nature of the harm – only that they cannot handle their job duties. At this point, employers are required to comply with the terms set by the workers’ compensation system.
In some extreme situations, employers may try to terminate the employee or subject the individual to other negative actions because you filed the claim for workers compensation when it was not deserved. If you believe you have been a victim of retaliation, you can file a claim with the Florida Commission on Human Relations or with the Equal Employment Opportunity Commission.
If you find yourself in a situation where you have suffered an injury while on the job, but the exact cause is unknown, it’s best to hire legal representation to help you recover the benefits you are owed. To learn more, contact The Felice Law Group Attorneys at Law by calling (561) 444-8822.
Kelsey Burke is an amazing attorney.. she was very helpful with the both of my cases. She always stayed in touch with me and always kept me updated with was going on every chances she got. Thank you !!
First of all I want to thank Mr: Felice for his work to get justice in my case, THANK YOU VERY MUCH. Mr: Felice is a lawyer dedicated to his work and client, there are few lawyers like him, that if he sell or fear the opposing lawyer he goes out to luhar for his client until the end without surrendering for a second. So, if someone needs a lawyer, I immediately recommend him and his entire team to work for me personally in Palm Beach County and all of Florida. Will be a pleasure to call him not only my lawyer but my friend too.
God Bless You and you team.
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I’m extremely thankful that Timothy Felice took my case. He worked tirelessly to make sure I received the best of care. I felt confident in his ability to handle the obstacles that came my way. With each difficulty, Tim always found a way to resolve the issues, to my benefit. I’m so grateful, to have met and worked with Tim, his love for the work that he does, is demonstrated in his ability to handle even the most challenging of cases. If you’re looking for an attorney who really cares and will invest his time and is exceptional in their field, then Timothy Felice is the one you should have on your side. I will be forever grateful for what he did for me and my family and If I ever need representation, he will be the only I could trust.
These guys were great they put me and my family first. Thank you for everything