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How Pre-existing Conditions Impact Workplace Injury Claims

If you’ve been injured at work, the journey forward toward obtaining the compensation you deserve is complicated, but if you have a pre-existing condition, you can expect the involved insurance company to make it more so. This does not, however, mean that you are not entitled to just compensation. Our experienced Greenwood, South Carolina, workers’ compensation attorneys at Nicholson, Meredith & Anderson will assess all of your options for benefits.

Aggravation of a Pre-existing Condition Is Covered

The State of South Carolina recognizes that employees with pre-existing conditions are just as vulnerable to injuries on the job as anyone else. If you have a valid workers’ comp claim in which your work-related injury exacerbated or aggravated your preexisting condition, the worsening of your condition is covered.

The injury you suffer on the job does not have to be the sole cause of your current injuries for workers’ compensation coverage to apply. If your preexisting condition worsened significantly due to the work you do, it’s a serious matter, and a workers’ compensation lawyer can help you pursue the benefits you’re owed.

The Stance You Can Expect from the Workers’ Comp Provider

While a pre-existing condition that’s been aggravated or otherwise worsened by an injury you suffered on the job is covered by workers’ compensation, bringing a strong claim is legally challenging. A position that workers’ comp insurance providers often adopt is claiming that the injured worker’s current symptoms are the direct result of their pre-existing condition. This amounts to denying that your injuries are work-related, and the burden of proof lies with you. 

Proving That Your Losses Are Related to Your Work Injury

You’ll need to prove that the work accident caused your preexisting condition to worsen, and this requires solid evidence. Your burden in South Carolina is the preponderance of the evidence, which means it is more likely than not that your preexisting condition was exacerbated by your work accident.

The kind of evidence that is likely to play a pivotal role in a successful claim includes the following:

• Your treating physician’s opinion that your accident on the job is directly associated with the sudden worsening of your condition and the need for a more aggressive or a different course of care
• Your related medical records from before and after your work accident, which indicate that your preexisting condition took a turn for the worse
• The results from tests and diagnostic imaging taken post-accident, which can highlight the fact that you’ve experienced a sudden change in your physical well-being or have incurred new structural damage

It’s Time to Consult with Our Experienced Greenwood Workers’ Compensation Lawyers

Our knowledgeable Greenwood workers’ comp attorneys at Nicholson, Meredith & Anderson are well acquainted with the legal challenges of preexisting conditions, and we are committed to seeking fair compensation for you. Your claim is important to your recovery and your future, so please don’t wait to contact us online or give our firm a call at 864-229-7241 today.