Not everyone has the luxury of performing their job while in peak physical shape, or at the very least 100% healthy. As a result, some individuals are forced to work through the pain. However, if they sustain an injury while at work while that aggravated a partly pre-existing condition, they should be entitled to collect compensation for damages. Unfortunately, the insurance company may not agree.
If you are in a similar situation, consider reaching out to an attorney familiar with partly pre-existing conditions in North Charleston. To begin your discussion, schedule a consultation today.
What is a Party Pre-Existing Condition?
Although partly pre-existing injuries are sustained before a work-related accident occurs, the victim could still be compensated if the accident aggravated the pre-existing injury. For example, if the victim recently had knee surgery and had a five percent impairment to that knee, and the accident causes the recovery time post-surgery to increase, the injured victim may be able to recover compensation that would cover the extra treatment.
Common Examples of Pre-Existing Conditions
One of the more common partly pre-existing injuries seen in worker’s compensation cases includes back injuries. As people get older, individuals may begin to develop some level of degenerative injury in their back, usually in the discs. The discs in between their vertebrae can lose fluid and their height is decreased so that there is less room in between the vertebrae. As a result, the discs may press on nerves, causing back pain and radicular pain.
Other common examples include knees, arms, and neck. Since most laborious jobs include some form of physical endurance, workers would often suffer some form of these injuries requiring medical attention.
Are Workers’ Comp Claims Often Denied When a Pre-Existing Problem is Involved?
Since insurance companies are always looking for reasons to deny a claim, they will often cite a person’s pre-existing condition as a reason for the denial. It is important for victims to keep in mind that they should not take an insurance company’s word for the denial of a claim. Even if they deny a claim, an attorney could help collect evidence, such as testimony from a doctor indicating that the accident aggravated a pre-existing condition, or had no connection to the existing condition.
Call Today for Legal Guidance
If you have recently suffered injuries within the scope of your employment which aggravated or re-injured a pre-existing injury, make sure to speak with one of our skilled attorneys today. An attorney could review the circumstances of your claim and inform you whether you would be eligible to collect compensation for partly pre-existing conditions in North Charleston worker’s comp cases.
If you do have a case, an attorney could spend the time and resources to help you collect evidence in support of your claim. By having enough evidence that proves the negligence of the other party, as well as your right to compensation for a pre-existing injury, you would increase the chances of being able to recover monetary damages. To learn more, call today.