If you have suffered aggravation of pre-existing conditions in the workplace in Charleston and you are now unable to work, you may be entitled to compensation under South Carolina’s Workers’ Compensation system. Each year hundreds of South Carolina workers miss work and incur substantial medical bills due to injuries on the job, however, working with an experienced and dedicated South Carolina Workers’ Compensation lawyer can help provide you and your family with the security you need while recovering from an injury.
An experienced workers’ compensation lawyer can help you properly report your injuries to your employer, file and support benefits claims with your employer, and appeal any denial of benefits decision. An attorney can help you determine if you have a case for aggravated pre-existing conditions for workers in Charleston. En Español.
Common Pre-Existing Conditions
According to estimated by the United States Department of Health and Human Services, there are an estimated 50 to 129 million Americans who suffer the aggravated pre-existing conditions for workers in Charleston that may affect their work. Some of the most common pre-existing conditions that can be aggravated by a workplace injury include:
- Herniated disks
- Broken bones
- Torn ligaments
- Degenerative Disc Disease
Among these injuries, back injuries are some of the most prevalent and can be some of the most debilitating injuries for a worker to sustain. In fact, according to the Federal Bureau of Labor Statistics, more than 1 million workers suffer from back injuries and these injuries account for nearly twenty percent of all injuries in the workplace.
Coverage of Pre-Existing Conditions
Many workers throughout the state believe that they are not entitled to compensation for an injury if their injury was the result of a pre-existing condition. A worker who aggravates a preexisting condition may be entitled to workers’ compensation coverage if they can show that the aggravation was attributable to the performance of their job. Under South Carolina’s Workers’ Compensation Law section 42-9-35, an employee must demonstrate:
- The subsequent injury aggravated the pre-existing condition or permanent physical impairment
- The pre-existing condition or the permanent physical impairment aggravates the subsequent injury
It is important for injured workers in Charleston to establish any aggravated pre-existing conditions such as an injured back by offering medical evidence when necessary. It is not as relevant for an employer to know of a preexisting condition, rather what is important is that an employee demonstrates that they suffered a subsequent injury that exacerbates their pre-existing condition.
Benefits Under South Carolina’s Workers’ Compensation System
Under South Carolina’s workers’ compensation system, a worker who aggravates a pre-existing condition due to a workplace injury may be entitled to medical expenses and compensation for lost wages. Workers who suffer a workplace injury may be entitled to compensation to cover their time spent away from work. The South Carolina Workers’ Compensation Commission has established that a worker is entitled to 66 and 2/3 percent of their weekly wages for temporary disability and a worker may be entitled to additional financial coverage if they are permanently disabled.
Contacting an Attorney
If you have suffered an injury while at work that has aggravated a pre-existing condition, a workers compensation lawyer can help ensure that you receive payments that cover the entirety of your medical expenses including:
- Doctor’s appointments
- Physical therapy
A worker who has aggravated pre-existing conditions for workers in Charleston during a job-related injury is entitled to file for compensation if they are unable to work as a result of their injury. However, the workers’ compensation process can be confusing and is incredibly intricate. If you have aggravated a pre-existing condition, a workers’ compensation lawyer can provide you critical support and help to properly report your injuries.