Pre-existing conditions can certainly complicate workers’ compensation claims in South Carolina. If a new injury sustained on the job affects the same area as the pre-existing condition or impairment, or one aggravates the other, it can be very challenging to prove that compensation is warranted.
But don’t give up hope. You can still have a successful workers’ comp claim despite having a pre-existing condition. Here’s what to know.
What South Carolina Law Says About Pre-Existing Conditions
Some workplace injuries make pre-existing conditions worse, or vice versa. SC Code Section 42-9-35 states that a worker with a pre-existing condition or permanent physical impairment may be awarded compensation benefits for boththe new workplace injury and the pre-existing condition or impairment if one aggravates the other.
However, it’s up to the employee to establish that’s the case by a preponderance of the evidence, including medical evidence like medical records or expert testimony. That’s the real challenge.
Challenges of Worker’s Comp Claims with Pre-Existing Conditions
Let’s say a worker who has suffered from chronic back pain sustains a fall at work that makes the pain even worse. How does the worker prove the pain is from the injury and not just a flare-up of the chronic condition?
The sensation of pain is subjective; it can’t be documented through scans or test results. That can make it hard to prove that the new injury was significant enough to worsen (or be worsened by) the pre-existing condition or impairment.
Plus, insurance companies may be more likely to deny that the pre-existing condition is a relevant factor deserving of benefits. Insurance companies are also more skeptical with these kinds of claims because they are subject to more fraud, which makes it harder for workers with legitimate complaints get the benefits they deserve.
Ultimately, the burden of proof is on you, the worker, to prove to the South Carolina Workers’ Compensation Commission that your pre-existing condition is a relevant factor that needs to be considered when deciding on benefits. To do this, work with an effective and experienced team or medical and legal experts to help gather proof and create a strong case on your behalf.
Call the Workers’ Compensation Attorneys at The Carolina Law Group
If you were injured while on the job in South Carolina and are covered under workers’ comp, you may be entitled to compensation for medical bills, lost wages, and more. The claims process is usually straightforward, but if your injury aggravates or is aggravated by a pre-existing condition or impairment, the process can be more challenging. That’s where we can help. The workers’ comp lawyers at The Carolina Law Group have experience helping South Carolina workers get the compensation they’re entitled to under the law, even in cases of pre-existing conditions. We know how to build a strong case to present to the Commission. Schedule your free, no-obligation consultation today by calling one of the numbers below. We’re ready to hear your story.
The Carolina Law Group has four offices in South Carolina for your convenience: Greenville (principal office; call 864.312.4444), Greer (principal office; call 864.757.5555), Spartanburg (principal office; call 864.312.4444) & West Columbia (principal office; call 803.881.1110).
Call us at one of our four offices or contact us online to schedule your free consultation with one of our attorneys. Our business hours are Monday – Thursday 8:30am – 5:30pm & Friday 8:30 am – 5 pm. Weekend and evening hours by appointment only. Our Greenville, SC law firm offers Spanish, Hindi, and Gujarati language translation services for your convenience.