South Carolina Workers' Compensation Lawyers Help Injured Employees With Pre-Existing Conditions Understand Their Rights
When workers with preexisting health issues are injured on the job, they often worry that their prior condition may impact their workers' compensation claim. Fortunately, South Carolina law protects these individuals by requiring employers to cover aggravation or exacerbation of preexisting conditions caused by work-related accidents.
Insurance companies may review an injured worker's medical history to challenge claims or limit benefits. This is where the guidance of an experienced South Carolina workers' compensation law firm can make a difference. While past results do not guarantee future outcomes, our experienced South Carolina workers’ compensation lawyers helped workers with preexisting conditions navigate the claims process and fight for the full benefits they are entitled to under the law.
Pre-Existing Conditions Do Not Automatically Disqualify Workers From Benefits Consideration
In South Carolina, a preexisting condition does not automatically disqualify an injured worker from receiving workers' compensation benefits. If a work-related injury aggravates or exacerbates a preexisting condition, the employer is responsible for providing benefits related to the worsening of that condition.
For example, imagine a warehouse worker with a history of lower back pain due to degenerative disc disease. If they suffer a herniated disc while lifting heavy boxes at work, the employer may be liable for benefits related to the aggravated condition.
It's important to note that the work-related injury does not need to be the sole cause of the worker's current condition. As long as the accident or repetitive stress at work significantly contributed to the aggravation of the preexisting condition, the injured worker is entitled to benefits.
Challenges in Proving Aggravation of Preexisting Conditions
While the aggravation of preexisting conditions is covered under workers' compensation, proving the extent of the aggravation can be challenging. Insurance companies often argue that the worker's current symptoms are entirely related to their preexisting condition and not the result of a work-related injury.
To address these arguments, workers need clear medical evidence linking their work accident to the aggravated condition. This typically involves presenting detailed medical records, diagnostic tests, and expert medical opinions that clearly show the change in the worker's condition before and after the work-related injury.
A knowledgeable South Carolina workers' compensation law firm may assist in gathering evidence, working with medical experts, and building a strong case for clients with preexisting conditions.
The Importance of Full Disclosure and Timely Reporting
When pursuing a workers' compensation claim involving a preexisting condition, injured workers must be fully transparent about their medical history. Failing to disclose a preexisting condition can jeopardize the entire claim and lead to a denial of benefits.
Injured workers should provide their attorney with a complete medical history, including any prior accidents, injuries, or chronic conditions. This allows the attorney to anticipate potential challenges and effectively develop a strategy to address them.
Additionally, workers should report any work-related injury to their employer as soon as possible, even if they have a preexisting condition. Delaying the reporting of an injury can give the insurance company grounds to argue that the worker's condition is unrelated to their job duties.
Protecting the Rights of Injured Workers With Pre-Existing Conditions
Navigating the workers' compensation system can be daunting, especially for those with preexisting conditions. Insurance companies may use tactics to limit claims, leaving workers feeling uncertain about their rights.
Working with a reputable South Carolina workers' compensation law firm can help injured employees understand and protect their rights. An experienced attorney can handle all aspects of the claim, from gathering evidence and negotiating with the insurance company to representing the worker in hearings or appeals if necessary.
Speak With a South Carolina Workers' Compensation Lawyer Today
Workers with preexisting conditions who have experienced a work-related injury in South Carolina can benefit from understanding their legal options. While past results cannot guarantee future outcomes, the attorneys at Derrick Law Firm have helped many workers with preexisting conditions through the workers’ compensation claims process. Our legal team carefully evaluates each unique situation to consider appropriate strategies for pursuing available benefits under the law.
