Attorneys With The Experience To Level The Playing Field

Can I still get workers’ comp with a pre-existing condition?

On Behalf of | Aug 14, 2024 | Workers' Compensation |

Sustaining a work-related injury is a highly stressful situation fraught with uncertainty about your health and your financial stability. For workers in this situation, the workers’ compensation system is typically there to act as their financial safety net. But what happens if you have a pre-existing condition that was exacerbated by a work-related accident? Does that automatically disqualify you from pursuing this much-needed support?

The short answer is no. Having a pre-existing condition does not mean a death sentence to your workers’ comp claim. However, it is vital to understand how pre-existing conditions can affect your claim.

What is a pre-existing condition?

A pre-existing condition is an injury or illness that you had before your work-related accident. It can be a previous injury, a chronic condition or even a congenital disability. Common examples include back problems, knee injuries, shoulder strains and even conditions like diabetes or hypertension.

As an injured worker with a pre-existing condition, you should keep in mind that insurance companies often try to shift the blame. They can argue that your pre-existing condition is the main reason for your need for treatment rather than the work-related injury. This can lead to a denial of benefits or a reduced reward.

What you can do

In North Carolina, if a work-related injury worsens or triggers a pre-existing condition, you may still be eligible for workers’ compensation benefits. However, to qualify, you must demonstrate that your injury is separate from or has worsened your pre-existing condition. That is why it is crucial to immediately report an accident to your employer. This creates a direct link between the work-related accident and your injury.

Furthermore, an expert medical opinion explaining how your work injury is separate from or has exacerbated your pre-existing condition can significantly strengthen your case.

Empowering your claim

While pre-existing conditions can add complexity to workers’ compensation claims, they do not have to be a barrier to receiving benefits. By standing up for your rights and well-being and taking the time to understand the intricacies of your claim, you are taking a proactive approach to securing the benefits you need and deserve.

Categories

Archives