Will a Preexisting Injury Prevent Me From Getting Workers’ Compensation? 

 Posted on November 30, 2022 in Workers' Compensation

Workers’ compensation is an invaluable resource for those who get injured at work. However, many workers have preexisting conditions that can be aggravated by work or which are made unbearable by injuries that happen at the workplace. Unfortunately, workers’ compensation insurance companies often try to avoid paying out fair settlements to injured workers, especially those with preexisting conditions. Preexisting medical conditions can give insurance companies an excuse to point to other causes than work. 

You may still be able to receive workers’ compensation after you suffer from a workplace accident if you had a preexisting condition, but it may be an uphill battle. If you were hurt in a work-related incident, make sure to work with an experienced North Carolina workers’ compensation attorney who can help you fight for your rights. 

How Do Preexisting Conditions Affect Workers’ Compensation Payments? 

Generally speaking, employers in North Carolina should not ask you about your medical history and should not have access to it. However, if you were injured at work and need to file a workers’ compensation claim, you are responsible for disclosing a preexisting condition. Workers’ compensation payments are not required to cover a preexisting condition per se, but they can certainly be required to cover a preexisting condition that has been aggravated by a workplace incident. 

A common example of this is chronic back pain, which many Americans suffer from. You do not need to tell your boss about your history of back pain when you are hired, especially if it does not interfere with your ability to do your job. If you fall at work and your previous back injury is worsened by the fall, the fact that you had a preexisting condition will not necessarily prevent you from getting benefits. 

However, you will need to provide evidence that the workplace accident, and not the preexisting condition exclusively, was responsible for your current condition. Having an attorney help you through the process makes it less likely that your claim will be rejected and that you will need to spend more time getting the compensation you need and deserve. 

Meet with a Smithfield, NC Workers’ Compensation Lawyer

If you have been injured at work after having a preexisting injury and you are having to fight with the workers’ compensation insurance companies to get the compensation you need, schedule a free consultation with a Johnston County, NC workers’ compensation lawyer at Vasquez Law Firm, PLLC. We will help you get the attention and treatment you deserve. Call us today at 1-844-YO-PELEO. 

Source: 

https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_97.pdf