Major Contributing Cause in Florida Workers Compensation Cases

Major contributing cause in Florida workers compensation cases can work to defeat entitlement to compensation workers deserve, if they don’t have a good workers compensation attorney or lawyer on their side.   Changes to the Florida workers compensation law which took place October 1, 2003 mandated “major contributing cause” which means that the workmens comp accident must be more than 50 percent responsible for the injury as compared to all other causes combined for which treatment or benefits are sought.  see Florida Statute 440.09(1).

It is not uncommon for people with preexisting conditions such as degenerative arthritis in their back or joints to suffer an on-the-job accident superimposed on the preexisting condition which combines with the preexisting disease or condition to cause or prolong disability or the need for treatment.  In this case, major contributing cause requires that the work accident still must be more than 50 percent responsible for the disability or need for treatment or major contributing cause is not satisfied.   Once the disability or need for treatment equals or drops below  50 percent, major contributing cause is no longer satisfied and  the insurance company will deny the claim. see Florida Statute 440.09(1)(b).

When you have been injured at work you should make sure that you tell the workers compensation doctor that any preexisting condition has not limited you ability to work or that the preexisting condition did not require treatment if this is the case.  When properly noted in your medical chart the doctor is more likely to rule out any prior conditions when asked to comment on major contributing cause.

If your Florida workers compensation claim has been denied due to major contributing cause, call us today to so we can help you get the benefits you deserve… it’s what we work for.