Pre-Existing Conditions Affecting Workers’ Comp

After a work injury we often get calls asking about pre-existing conditions affecting workers’ comp cases? We have answered that question in this video.

Question:

Could I get workers’ comp if my pre-existing injury was aggravated at work?

Answer:

Just the other day, someone in South Carolina called my office and told me that they had been injured on the job, but their injury was to their right shoulder, the same shoulder that they had had surgery on 12 years ago. When they reported the injury, the employer sent them to a company doctor. When they got to the doctor’s office, they told the doctor the truth. They said how they got hurt on the job, and then they explained to the doctor that this shoulder had had surgery 12 years ago. Once the medical record was received by the insurance adjustor, the insurance adjustor called them and told them they were denying the claim on the basis of a pre-existing condition. This is not a legitimate reason to deny a claim for workers’ compensation in South Carolina. If you had a significant aggravation of a pre-existing condition in South Carolina, you have rights under the South Carolina Workers’ Compensation Act just like you had never hurt that shoulder to begin with. This is red flag that the workers’ compensation carrier is trying to pull the wool over your eyes, particularly if they say that they’re going to deny the claim, but for a small sum of money, they’ll settle the case with you quick. Do not do that. Instead, call our office. You may need more surgery on that shoulder. You may need more medical treatment, and the injury to that shoulder may put you in a situation that you can’t return to your old job. Call our office to learn the pre-existing conditions affecting your workers’ comp case. Let us evaluate all the circumstances and let us fight for you. We will be here.


Were you or a loved one hurt on the job in South Carolina and have questions about pre-existing conditions affecting workers’ comp cases? Contact experienced South Carolina worker’ compensation lawyer H. Bright Lindler today for a free consultation and case evaluation.

We will fight for you and your family.

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