Pre-Existing Injuries in Mt. Pleasant
Workers’ Comp Lawyer with Decades of Experience
Many workers in South Carolina are aware that if they’ve been injured
or have fallen ill as a direct result of their employment, they’re
eligible to file an application to receive
workers’ comp benefits. These benefits include reimbursement for medical bills and lost wages
that workers miss out on when they have to take time off to heal, and
the program is a whole is designed to protect workers from financial hardships
after accidents. However, some workers may be wondering whether their
pre-existing conditions can qualify them to receive workers’ compensation benefits.
Does Workers' Comp Cover Pre-Existing Conditions?
To learn more about pre-existing conditions and whether yours can be covered,
don’t hesitate to reach out to our Mt. Pleasant attorney at
Bluestein Johnson & Burke, LLC. With decades of experience handling workers’ comp claims for employees
across a variety of industries, we can be trusted to give you the legal
counsel you need during a challenging time.
Contact our team
online or by phone at (843) 418-0750 to schedule your
free consultation today. We’re pleased to offer evening and weekend appointments for
What is a Pre-Existing Injury?
1 in 2 Americans suffers from pre-existing medical conditions, according
to the U.S. Department of Health and Human Services (HHS). In the context
of workers’ comp law, a pre-existing condition is a previous medical
condition – usually an old injury that happened in the past –
that has continued to affect your ability to work.
Common pre-existing conditions include:
- Heart disease
- Neck or back injuries
- Carpal tunnel syndrome
- Depression and anxiety
- Degenerative Disc Disease
According to the Federal Bureau of Labor Statistics, more than one million
workers suffer from back injuries, and these injuries add up to almost
20% of all workplace injuries. Though these injuries or illnesses may
initially allow you to perform your work without any issues, a workplace
accident can easily exacerbate an earlier injury, cause a flare-up, and
worsen your overall physical health.
How South Carolina’s Workers Comp System Treats Pre-Existing Conditions
Workers can still receive workers’ compensation benefits even if
they have a pre-existing condition, according to the South Carolina Code
of Laws, Section 42-9-35 (A). Workers who aggravate their pre-existing
conditions must show that the aggravation was caused by the performance
of their current job.
The specific elements that workers must show in order to gain access to
- The injury that occurred in the accident aggravated the pre-existing condition
- The pre-existing condition aggravates the subsequent injury
While some workers may be worried that they won’t be able to secure
benefits if they didn’t disclose their pre-existing conditions before,
the good news is that your employer’s knowledge of your condition
isn’t relevant. Failure to disclose your condition to your employer
when you begin working won’t make you ineligible. South Carolina’s
laws don’t punish employees for their conditions, despite what some
How Our Team Can Help
Under South Carolina’s workers’ comp system, workers, including
those who have aggravated a pre-existing condition, can receive compensation
for medical expenses and lost wages. The South Carolina Workers’
Compensation Commission allows workers to secure 66 and 2/3 percent of
their weekly wages for temporary disability, along with extra coverage
if they’re permanently disabled.
Our workers’ comp attorney can help prove that your pre-existing
conditions were aggravated in relation to your current job in order to
qualify you for coverage. We can also make sure that your workers’
comp payments cover the entirety of your medical expenses, including surgeries,
prescriptions, doctor’s appointments, physical therapy, and more.
We’re also able to file your claims in a timely manner to comply
with South Carolina’s statute of limitations. Injured workers have
two years from the date of injury to the date they discover their injury.
For years, our team has been dedicated to protecting workers’ rights
and helping them after traumatic accidents. We’re ready to help you.
For accessible and communicative service,
reach out to our Mt. Pleasant attorney today at (843) 418-0750. With years of experience
handling workers’ comp claims in South Carolina, we can be trusted
to help you if you have a pre-existing condition.