South Carolina Injury Attorneys
Navigating a Workers' Compensation Claim When You Have a Pre-Existing Condition

Navigating a Workers' Compensation Claim When You Have a Pre-Existing Condition

A work injury can severely impact the health of an employee. If you are living with a pre-existing condition, an occupational accident can cause that condition to worsen.

Unfortunately, pre-existing conditions can also make workers’ compensation cases more difficult. Employers and their workers’ compensation insurance companies may try to use an injury victim’s pre-existing condition as a way to minimize their claims of a work injury.

How a Pre-Existing Condition Can Impact Your Workers’ Compensation Case

The main reason the pre-existing conditions can complicate workers’ compensation cases is because defendant parties often try to diminish the claims of injury victims based on the fact that they have a pre-existing condition. Your employer, their workers’ compensation insurance company, and their representatives may claim that your injuries were caused by your pre-existing condition, rather than a work accident.

For example, a person may be living with chronic pain. They may have their condition under control, but it could be worsened by working in a role that requires repetitive motion and causes muscle strain. To recover compensation for the additional pain caused by their work, this person could file a workers’ compensation claim. Because their work injury is closely related to their pre-existing condition, the cause of the work injury can be difficult to determine. The workers’ compensation insurance company would likely try to use this to their advantage.

The assistance of a medical expert is essential in workers’ compensation cases in which the plaintiff has a pre-existing condition. The doctor who is treating your work injury, or another medical professional, can testify to the cause of your work injury and substantiate your claims that your injury was caused by an on-the-job accident. A medical expert will be able to establish a timeline of your injury and your pre-existing condition. This can help with differentiating the cause of each condition, such as in the case of chronic pain and a work injury.

You Are Entitled to Compensation for Your Injuries

A pre-existing condition should not prevent you from pursuing fair compensation following a work injury. If you have a pre-existing condition and were injured at work, you are entitled to fair compensation.

The lawyers of Christian & Christian are committed to helping work injury victims recover the compensation they deserve. We can help you build a strong case, bring in the assistance of medical experts, and ensure your rights are protected. Contact us for assistance with your workers’ compensation claim.

To schedule a free consultation with our attorneys, complete our contact form or call (864) 408-8890.

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