When Does A Pre-Existing Condition Become A Workplace Injury In North Carolina?

In this article, you can discover…

• What is considered a pre-existing condition under workers’ comp law.
• How to prove your workplace aggravated a pre-existing condition.
• The best way to document the progression of your condition.

What Is Considered A Pre-Existing Condition Under North Carolina Workers’ Compensation Law?

For some context, to have a compensable North Carolina workers’ comp claim, there generally has to be what’s called an “injury by accident”. This is an injury that was caused by unusual circumstances during work activity (such as equipment malfunctioning), and as a result of that accident, a serious injury occurs.

Sometimes, a pre-existing injury (such as chronic back pain) is exacerbated by a workplace accident and becomes far more painful or debilitating. This is a circumstance that should be covered under workers’ comp.

Does Aggravating A Pre-Existing Condition At Work Complicate My Workers’ Comp Case?

Possibly. The defense is likely to use your pre-existing condition to minimize the compensation you need. They’ll do this by arguing “baseline”. For example, if you were in physical therapy for a back injury and a workplace accident makes this injury worse, the defense may argue that you were already getting treatment and that all you need now is more physical therapy to get you back to your pre-accident “baseline”. They’ll do this in an attempt to deny you additional compensation.

They may also try to prove that your worsening condition isn’t linked to a workplace accident. The defense may comb through your social media accounts and the photos you’ve posted to try to disprove your timeline or your injury.

Can I Get Workers’ Comp Benefits If My Job Worsens A Chronic Health Issue?

Generally speaking, yes. While you should feel comfortable pursuing a workers’ comp claim, you will have to show evidence that your chronic condition has worsened and continues to be serious. This can be done with MRIs, X-rays, and other objective evidence.

The defense may argue that your worsening condition is a result of age or regular wear-and-tear, especially in the case of back pain and/or if you’re over 40. This shouldn’t deter you, though.

An experienced attorney will help you reach out to medical experts to help document and prove a worsening chronic condition, ideally helping prove that you need and deserve compensation.

Attorney Justin Wraight is a respected, experienced workers’ comp attorney serving North Carolina. Since 2003, he’s helped clients just like you navigate seeking workers’ comp in light of pre-existing conditions, helping them get the benefits and help they truly need.

Have questions, or in need of legal help? Reach out to Cardinal Law Partners for an initial consultation today.

How Do I Prove That My Workplace Aggravated A Pre-Existing Injury?

You will need to prove that your pre-existing condition was aggravated with the help of expert medical opinions. A treating physician who is familiar with you and your situation can testify and help support the premise that your injury was made worse by a workplace incident.

Without this medical testimony, proving that a pre-existing condition was made worse won’t be possible; you will need to demonstrate to a reasonable degree of medical certainty that a workplace accident has made your condition worse.

When Should I Involve An Attorney For A Pre-Existing Injury Case?

It’s best to bring on an attorney as early in your case as possible. Your attorney can get you in touch with medical experts, help you compile records, and create a defense against the insurance company’s arguments.

The defense will dig into your medical history, look into past surgeries, and try to pin worsening pain on these older incidents. Your lawyer can get out in front of these arguments early, helping paint a clear, evidence-based picture of your condition before and after a workplace injury.

How Can I Document The Progression Of My Condition Related To Workplace Activities?

It’s never a bad idea to keep a journal. Write down how the injury has impacted you and how it’s affecting your time with your family, and note the exact days or times of day when your pain gets worse. This documentation can help demonstrate that there has been both progression and exacerbation.

Video logs are also useful, and you can collect video testimony from friends and family describing how your injury is impacting you and how your limits have increased after the workplace incident.

The most important pieces of evidence, however, will be from your doctor. Formal medical records and physician statements that document aggravation after a workplace injury will always hold the most weight in workers’ comp cases.

Still Have Questions? Ready To Get Started?

For more information on pre-existing conditions and workers’ comp in NC, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (833) 444-4257 today.