Pre-existing Conditions in Workers Compensation

Pre-Existing Injuries and Permanent Disability Benefits

If an injured worker cannot fully return to their pre-injury status, even after they’ve reached their MMI, they’ll get assigned a permanent impairment rating based on their percentage of disability. A worker who has a permanent medical impairment is entitled to permanent partial disability benefits, even if they can return to the same job with no restrictions.

A worker who cannot return to working for a living, however, may be entitled to permanent and total (P&T) disability benefits.  In this case, the SC Workers’ Compensation Commission would hold a hearing to determine the amount of permanent disability benefits the workers should receive. This decision is based on the worker’s prior wages, age, education, work experience, and their impairment rating. In this hearing, the insurer could argue that the worker’s current disability is partly due to a pre-existing injury and because of that, their permanent disability benefits should be reduced accordingly. They would likely present testimony from the physician assigned to the case, who might say that 25% of your current condition is due to a pre-existing back injury.

To preserve your full benefit, you must present evidence supporting your claim. That’s where getting a lawyer can make a big difference. A Joye Law Firm workers’ compensation attorney can refer you to an unbiased medical care provider who can provide a second opinion. Your lawyer can use this doctor’s new findings to definitively link your worsened condition to your on-the-job injury and push back on the insurance company’s false claims. Bringing a successful workers’ comp claim, especially for someone with a pre-existing condition, is no easy task.  The insurance company is ready to fight every step of the way, even resorting to dirty tricks to make you walk away. Don’t fall for it. Our knowledgeable North Charleston work injury lawyers can help you gather and present the evidence you need to win your case.

Common Causes of Pre-Existing Conditions

A pre-existing condition is a medical complication that existed before a workplace accident. Often, it affects the same part of the body as the new injury.

Some pre-existing conditions likely to be re-injured or exacerbated in a workplace accident include:

• Herniated disks
• Spine degeneration
• Sprains and strains to back, legs, knees, ankles, arms, shoulders, wrists, hands
• Carpal tunnel syndrome
• Torn ligaments
• Fractures
• Arthritis

Any blunt-force injury or stress and strain encountered at work may exacerbate a pre-existing injury.

Here are some plausible examples:

• A dock worker injured his spine many years ago. His injury did not inhibit him from doing his job well. One day at work, a locking safety bar above him became dislodged, fell, and struck him on the back of his neck. He was originally dismissed by a doctor to go back to light duty work until he was ultimately fired for not being able to complete his work. He contacted Joye Law Firm where attorney Sarah Khouri took on the case. She got him a second opinion where the surgeon recommended that his preexisting condition made the need for immediate surgery critical.
• An office worker in downtown Charleston had surgery after tearing ligaments in her wrist while playing with her children. Years later, the wear and tear of her job duties – data entry, typing, using a computer mouse, and sorting mail deliveries – have exacerbated the pain in her wrist.
• A store clerk in Johns Island manages his arthritis with medicine and regular exercise. He trips and falls while at work, hitting his hip against a table’s edge and falling to the floor. This has inflamed his arthritis so badly he cannot return to work, even though the injuries he suffered from the fall have healed.

In all of the above cases, we expect the injured worker to have a valid claim for workers’ comp benefits.