Whether you’ve suffered a slip-and-fall on the newly waxed company floor or got sick from the chemicals at work, you know workers’ compensation coverage has got you covered.
But what do you do when a prior bout of arthritis flares up again while you’re working? Is workers’ compensation available to you to cover the cost of your medical bills and lost wages?
Understanding the intricacies of workers’ compensation coverage and pre-existing conditions is not always clear, and trying to understand coverage in the midst of mounting medical bills can make the process that much more overwhelming.
Learn more about pre-existing conditions and your eligibility for coverage below as our workers’ comp lawyers at Hoffman Law Firm define pre-existing conditions, coverage eligibility, and how our team can help in your case.
What is a Pre-Existing Condition?
A pre-existing condition is a medical injury or illness that existed before a workplace accident occurred and before company-provided health insurance went into effect. These conditions are usually long-term or chronic- and include injuries that are likely to reoccur, such as a prior neck or back injury.
Aggravated vs. Exacerbated
According to the U.S. Department of Health and Human Services (HHS), between 50 and 129 million Americans suffer from aggravated pre-existing medical conditions.
A pre-existing condition is considered “aggravated” when a new injury permanently worsens a prior condition. An exacerbated injury, on the other hand, occurs when a pre-existing condition is temporarily worsened by a new injury. The main difference between the two is with an exacerbated condition, the injury or medical illness will eventually return to its prior state.
Regardless of whether your pre-existing condition is temporarily or permanently worsened due to your employment, you may still be entitled to financial compensation.
Common Pre-Existing Conditions
The HHS reports one in two Americans suffer from a pre-existing condition. These conditions vary from medical illnesses, physical injuries, and even mental health diagnoses. Common pre-existing conditions include:
- Cancer
- Arthritis
- Heart disease
- Diabetes
- Hernias
- Neck or back injuries
- Carpal tunnel syndrome
- Asthma
- Depression and anxiety
Will Workers’ Compensation Cover Pre-Existing Conditions?
In short, workers’ compensation may provide coverage for aggravated pre-existing conditions. 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.”
This means you must be able to prove your pre-existing condition has been made worse, whether temporarily or permanently, directly due to your employment and work-related activities. For example, your previously diagnosed arthritis has worsened because of the continued desk work required in your job position.
To gain access to benefits, your workers’ comp attorney will need to prove the following:
- The injury that occurred in the accident aggravated your pre-existing condition
- The pre-existing condition aggravates the subsequent injury
- The resulting disability must interfere with your ability to continue your work
How the Team at Hoffman Law Firm Can Help with Your Workers’ Comp Claim
Filing a workers’ comp claim can be complex under normal slip-and-fall level circumstances. However, when a pre-existing injury or condition is at work, the process becomes that much more harrowing.
On top of filing a claim in a timely manner, gathering evidence of support, producing prior and current medical documents, and other steps can make you feel more alone and overwhelmed than when you started.
With the help of a South Carolina workers’ comp lawyer at Hoffman Law Firm, we can take the mounting weight of a claim off your shoulders – after all, it’s our job. We will work with you to speak with insurance representatives, gather the necessary documentation, and work to prove your pre-existing condition is aggravated by current employment conditions or a recent accident.
Pre-Existing Conditions Made Worse from Work? Call Hoffman Law Firm
Our team at Hoffman Law Firm believes you should never have to go about filing a claim on your own, especially during recovery.
With the help of our workers’ comp lawyers near you, we can help prove that your pre-existing conditions were aggravated due to work-related activities in order to ensure you get the coverage you deserve.
Plus, you only pay us if we win your case.
Located in Charleston, South Carolina, we proudly advocate for accident victims throughout the Palmetto State. As the locals’ trusted personal injury law firm, we have extensive experience handling a wide variety of cases.
We have established a reputation for success and great service! To meet with a member of our team, schedule your free consultation today. We are here to help!
