It is estimated that one in four Americans have a disability, with the prevalence of chronic conditions steadily on the rise. While a pre-existing medical condition does not bar you from collecting workers’ compensation, it can significantly impact your benefits. A workplace injury that aggravates a previous condition can impact your ability to work long-term or force you into a lower-paying position.
The difficulty in obtaining benefits lies in determining which symptoms have arisen from your workplace accident and which are a natural progression of another ailment or disorder. At Fulton & Barr Attorneys at Law, our Greenville workers’ compensation lawyers are prepared to investigate your accident to determine the causal relationship between a pre-existing illness and how a workplace incident has exacerbated your condition. The more we can connect the dots, the better your chances of maximizing your benefits.
South Carolina Workers’ Compensation Law Regarding Pre-Existing Conditions
South Carolina workers’ compensation provides benefits for lost wages, medical expenses, and permanent disability for employees who sustain an injury or fall ill due to occupational exposure. Although workers’ compensation does not solely cover pre-existing conditions, if your job has aggravated your condition, then you will be eligible to receive benefits.
According to South Carolina law, if you have a pre-existing condition, you will need to prove that your work injury aggravated your pre-existing condition, or vice versa, to claim benefits. This must be demonstrated by providing medical evidence that it is more likely than not true that your subsequent injury exacerbated your previous medical condition or that your previous medical condition aggravated your subsequent injury.
Known as the preponderance of the evidence standard, a South Carolina worker must meet this burden for their claim to be approved. To meet this burden, you must present convincing medical evidence to establish the role that your workplace injury had in the deterioration of your previous condition. This is best accomplished with the help of a Greenville workers’ compensation attorney.
Medical Evidence in a Greenville Workers’ Compensation Claim
As previously mentioned, you will need to provide relevant medical evidence to have your Greenville workers’ compensation claim approved. South Carolina Code §42-9-35 defines medical evidence in a workers’ comp claim as involving any or all of the following:
Medical Documents
Medical documents typically include any documentation that details a patient’s medical history, current symptoms, treatment plan, and prognosis. Medical documentation will also include claim information showing services rendered.
Medical Records
A patient’s medical records may involve diagnostic tests, which can include the results of any X-rays, CT scans, MRIs, and MRAs performed, as well as laboratory tests and other clinical tests.
Expert Testimony or Opinion
An expert witness is defined as someone who has specialized knowledge, skills, and training in a specific area. In a workers’ compensation case, expert testimony can clarify any confusion regarding your medical condition and what events flared up a pre-existing condition.
Moreover, a licensed healthcare provider can provide insight into the cause of your injury, the course of treatment, and the prognosis. An expert witness’s perspective can be the evidence needed to allow the workers’ compensation insurer to make an informed decision.
Knowing what evidence to collect and how to build a strong workers’ compensation case requires knowledge and experience, which you will find when you work with our legal professionals. Do not assume that the medical evidence pertaining to your injury speaks on its own.
Your employer’s workers’ compensation carrier is not interested in paying out benefits unless you have established that your workplace injury did impact a previous condition or the reverse. To be sure that you are eligible for benefits as soon as possible, your first call should be made to the legal team at Fulton & Barr Attorneys at Law.
Interested in Learning More? Speak with Our Greenville Workers’ Compensation Lawyers Today
A pre-existing condition does not automatically ban you from being awarded workers’ compensation, but it can make the process of securing benefits more challenging. If you have experienced a work injury that has aggravated a pre-existing condition, the Greenville workers’ compensation attorneys at Fulton & Barr Attorneys at Law would like to hear from you. For over four decades, our injury lawyers have successfully assisted individuals seeking workers’ comp benefits. To schedule your free case consultation with a member of our legal team, contact us online or by phone at (864) 778-3092 today.