The Effect of Pre-Existing Conditions in Workers’ Compensation Cases in SC
It is a common myth that having a pre-existing condition will bar you from recovering compensation in a workers’ compensation claim in South Carolina. The truth is that the law is written to ensure that you are returned to the state that you formerly enjoyed before the accident occurred.
Thus, if an accident has exacerbated the symptoms of a pre-existing condition, then you can still recover damages. A good example of this can be found in the elderly, who frequently suffer from one sort of pre-existing condition or another. While an older person may have arthritis, back pain, or another condition, once a car accident occurs or when nursing home neglect is discovered, these conditions can be significantly worsened, and the injured person deserves compensation for the outcome of another person’s negligence, just as in any other case.
At the same time, workers’ compensation laws in South Carolina ensure that pre-existing conditions do not bar injured employees from recovering compensation from their workplace injuries and illnesses. If a workplace injury aggravates a pre-existing condition, then you can still receive benefits. The worst thing that you can do is to lie about your pre-existing condition. This is fraud, and can result in disqualification from receiving workers’ compensation benefits.
Insurance Companies Benefit From Misinformation
It is beneficial for the insurance companies to perpetuate this myth that a pre-existing injury will bar you from receiving compensation for injuries caused by others and/or occurring at work.
They want you to accept reduced benefits or a lower settlement, so it is in your best interest to hire a South Carolina Workers’ Compensation Attorney to ensure that your right to fair compensation is protected.
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