Greenville Pre-Existing Conditions for Workers
Injuries sustained while on the job are, unfortunately, common. To recover workers’ compensation benefits, you must have suffered an injury while on the job and while in the course of your employment. Greenville pre-existing conditions for workers have the potential to complicate a workers’ compensation claim in terms of the amount of benefits you may be entitled to receive. This is especially true if the preexisting medical condition relates to the injuries you sustained in your workplace accident.
For example, if you have a history of arthritis in your right arm and you claim that you injured your right arm while on the job, your workers’ compensation claim may be more complicated than if you had no preexisting medical conditions. Your employer’s attorney will try and gather medical evidence to show that your permanent impairment was due to a preexisting medical condition, rather than your on-the-job injury.
Nevertheless, workplace injuries which aggravate preexisting injuries or medical conditions are still compensable under the law. A determined workers’ compensation lawyer could review the facts and circumstances surrounding your workplace accident and can help you obtain the compensation you deserve.
Prior Workers’ Compensation Claim Involving the Same Body Part
Injured workers who previously sustained injuries to the same body part in another workplace accident, and who filed a workers’ compensation claim in that case, will probably receive less benefits than in their current case. However, their employer will still be responsible for paying medical bills for related medical treatment stemming from the new work injury and temporary disability benefits for the time the injured worker was incapacitated following the new work injury.
At the end of the claim, the injured worker may also be eligible to recover permanency benefits – but only to the extent they sustained additional impairment from their newest work injury. If the worker did not sustain any additional impairment, then no additional permanency benefits will be available.
Preexisting Medical Conditions or Injuries Unrelated to a Prior Workers’ Compensation Claim
People tend to experience aches and pains with age or from other accidents or injuries that have nothing to do with the workplace. Workplace injuries can then aggravate Greenville pre-existing conditions for workers. In cases where a workplace injury aggravates a preexisting injury or medical condition, the worker will still most likely be able to recover workers’ compensation benefits which are attributable to the worsening of the condition.
Doctors can measure the extent of a worker’s permanent impairment stemming from an on-the-job injury and can also apportion their rating if a prior injury is involved. For example, if the worker had arthritis before sustaining a hand injury on the job, a doctor may be able to relate five percent of the permanent impairment to preexisting arthritis, and the remainder to the on-the-job hand injury
How a Greenville Pre-existing Conditions for Workers Attorney Can Help
Pre-existing injuries and medical conditions can have an impact on the value of a workers’ compensation claim. However, you will still likely remain eligible for benefits. Those benefits can include payment of medical and physical therapy bills, compensation for missed time from work, permanency benefits, and vocational rehabilitation where appropriate.
A lawyer familiar with Greenville pre-existing conditions for workers could file the necessary paperwork to get your claim started and offer you result-oriented legal representation throughout your case.
