How Pre-Existing Conditions Affect North Carolina Workers' Compensation Claims
Workers in Greenville, North Carolina and the surrounding areas in Pitt County who are injured as a result of performing their job duties may be entitled to workers' compensation. The funds can be used to cover medical and rehabilitation expenses related to a workplace injury as well as compensate for additional damages, such as lost wages.
However, if you have a pre-existing medical condition or injury, it has the potential to make it difficult for you to collect compensation for the current work related injuries you sustain. In fact, even though you have certain rights according to workers’ compensation laws, insurance carriers and employers may still be eager to challenge and deny your claim. If this occurs, it would be a mistake to not to continue to pursue your claim. If you have a pre-existing injury or condition and have been injured on the job, it is important that you consult a workers’ compensation attorney so that you can receive the compensation that is rightfully yours.
About Pre-Existing Conditions
Pre-existing conditions can include prior surgery to affected body part, back, knee and shoulder injuries and more. Medical conditions such as these can have a significant effect on the health of workers and their ability to fully recover after they sustain an injury. Some pre-existing conditions, such as diabetes, for example, may increase the recovery time needed for aninjury that occurred in the workplace.
You cannot receive workers’ compensation for your pre-existing condition, but you may be entitled to the compensation if the condition was worsened by your workplace injury. This includes causing a symptom related to the condition that did not exist before your workplace injury occurred.
Handling the Claim
When you apply for workers’ compensation for your workplace injury, you will be compelled to verify that your current injury occurred as a result of your job. If you are unable to do so successfully, then the insurance carrier or your employer may have grounds to deny your claim.
Keeping detailed records can strengthen your workers’ compensation case and make it easier for you to prove your losses. Your records should include information about:
- Your pre-existing injury or medical condition
- A timeline of when your job duties began to exacerbate or worsen the condition or injury
- The extent to which the workplace injury has interfered with your everyday routine and quality of life
The medical documentation, like x-rays, that details your health before and after you sustained your workplace injury may be some of the more important records you will have to submit. There may also be a need for physician who can compare the records and testify that your current injury is new or a new aggravation of your pre-existing condition.
It is absolutely necessary that you reveal the presence of a pre-existing medical condition or injury. Your claim for compensation and your credibility may come under suspicion if it is discovered and you failed to disclose it.
Claims for workers’ compensation can become complicated issues if you have a pre-existing injury or medical condition. If your claim is being disputed, you should immediately seek legal representation.
Greenville, NC Workers’ Compensation Lawyer
I’m Brian Ricci, a workers’ compensation lawyer in Greenville, NC. If you or a loved one has sustained an injury at work, please call me at please call me at (252) 752-7785 or (888) 484-6881 for free, friendly advice.
I am a longtime member of the Million Dollar Advocates Forum. We are a group of top rated US trial lawyers with multi-million dollar settlements and case verdicts for the injured clients we have served.http://www.riccilawnc.com/personal-injury/