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How preexisting conditions can affect a workers’ comp claim

| May 17, 2021 | Workers' Compensation |

If you have any preexisting conditions that have been aggravated by the demands of your job or a workplace accident, you may think you have no right to workers’ compensation benefits. Your employer or workers’ comp provider may even tell you as much, but it may not be true. According to North Carolina law, a preexisting condition is not necessarily a reason for a workers’ comp claim to be denied.  

Does it matter what the preexisting condition is? 

Not really. You could have a medical condition, an old sports injury, a previous worker-related injury or illness, it does not matter. If the injury or illness reappears and becomes a problem because of your job  whether from the regular day-to-day demands of your position or an accident  you may be entitled to file a workers’ compensation claim. 

What do I need to do to file a claim? 

Tell your employer about the injury or illness, get treatment and document everything. Your employer and workers’ comp insurance provider may reject your claim if you fail to notify your employer in a timely manner. It may deny your claim if you fail to seek treatment right away or do not go to an approved medical provider. Rejection of your claim may also occur if you fail to provide certain information with your request for benefits. 

What if my claim is denied? 

If your claim fails to receive approval, you have the right to appeal. You only have so much time to do this, though, so it is best not to wait. Not sure how to appeal the decision? Legal counsel can help you through the process.  

The sooner you seek help, the better 

When dealing with a workers’ compensation issue, the sooner you seek help, the better. It is not uncommon for a workers’ comp claim to be denied, particularly when a preexisting condition is involved. With the assistance of an experienced attorney, North Carolina residents who have suffered work-related injuries or illnesses can fight for fair compensation. To learn more about this topic, please take a moment and visit our firms website.  

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