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Toll Free: (866) 907-1145
Local: (919) 833-3370
Workers' compensation laws are designed to protect workers who are injured on the job. However, if you have a pre-existing condition, you may wonder how that will affect your workers' compensation claim. Can it prevent you from receiving benefits? Will it reduce the amount you receive? This blog post will explain how pre-existing conditions factor into workers' compensation claims in Raleigh, North Carolina.
A pre-existing condition is any injury, illness, or medical condition that existed before the workplace accident or injury. This could include anything from a prior back injury to a chronic condition like asthma.
A pre-existing condition refers to any medical condition that an individual had prior to a specific event, such as enrolling in a health insurance plan or suffering a work-related injury. These can range from chronic conditions to previous injuries that have healed. Here are some examples of pre-existing conditions:
These include heart disease, hypertension (high blood pressure), and a history of heart attacks or strokes.
Conditions like asthma, chronic obstructive pulmonary disease (COPD), or a history of pneumonia could be considered pre-existing conditions.
This includes conditions like arthritis, previous fractures, back injuries, or joint problems.
Mental health conditions, such as depression, anxiety disorders, post-traumatic stress disorder (PTSD), or bipolar disorder, are also considered pre-existing conditions.
Conditions like diabetes, cancer, HIV/AIDS, kidney disease, or liver disease are considered pre-existing conditions.
Neurological conditions such as epilepsy, Parkinson's disease, or a history of seizures or strokes can be considered pre-existing conditions.
If you've previously suffered from an injury like a sprained ankle, broken bone, or torn ligament that hasn't completely healed or continues to cause issues, this could be considered a pre-existing condition.
Conditions like lupus, rheumatoid arthritis, or multiple sclerosis (MS) fall into this category.
The general rule under North Carolina's workers' compensation laws is that workers' compensation only covers injuries "arising out of and in the course of employment". So, if your pre-existing condition was not caused or aggravated by your work, it would not typically be covered.
However, if your pre-existing condition is aggravated or exacerbated by a workplace injury, then you may be eligible for workers' compensation benefits. For example, if you have a prior knee injury that was manageable and didn't affect your ability to work, but a slip and fall at work further damages that knee and leaves you unable to work, you could be eligible for benefits for the exacerbation of your pre-existing condition.
One of the biggest challenges in these cases can be proving that your work actually aggravated the pre-existing condition. Medical evidence, including reports from your doctor or other healthcare providers, can be crucial. They can help demonstrate that your condition has worsened due to your work activities or a specific incident at work.
The existence of a pre-existing condition will not necessarily reduce the amount of workers' compensation benefits you can receive. The key factor is the extent to which the workplace injury has increased your disability or limitations. If the work injury has significantly increased your disability or caused new restrictions, you may still be entitled to full benefits.
Workers' compensation benefits are designed to provide financial support and medical care for employees who suffer injuries on the job. However, obtaining the maximum benefits can sometimes be challenging. Here are some strategies that can help you improve your chances of maximizing your workers' compensation benefits:
As soon as you are injured at work, report the incident to your supervisor or employer. Delays in reporting can give rise to questions about the validity of the claim.
Prompt medical attention not only ensures your health and safety but also creates a medical record of your injury, which is crucial for your claim. Follow all your doctor's advice and instructions.
Maintain detailed records of everything related to your injury and claim, including incident reports, medical records, and any communication with your employer, the insurance company, or medical professionals.
Make sure to file your workers' compensation claim as soon as possible. In North Carolina, you typically have two years from the date of injury to file a claim, but the sooner you file, the sooner you may start receiving benefits.
It's crucial to understand the workers' compensation process and your rights within it. For example, know that you have the right to appeal if your claim is denied.
Always be honest about your injuries, your limitations, and the incident that caused them. Inconsistencies in your statements can cast doubt on your claim and reduce your benefits.
Failure to follow prescribed treatment plans or to attend medical appointments can harm your claim. It might be seen as a sign that your injury is not as serious as claimed.
Navigating the workers' compensation system can be complex. An experienced workers' compensation lawyer can guide you through the process, helping to ensure you receive all the benefits to which you are entitled.
At The Law Offices of John M. McCabe, we're committed to helping injured workers in Raleigh understand their rights and pursue their workers' compensation claims, even when pre-existing conditions are involved. If you have been injured at work and have a pre-existing condition, don't hesitate to reach out to us for a consultation.
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