Yes. You are entitled to Workers’ Compensation benefits in SC if you have a preexisting condition IF a doctor states, “to a reasonable degree of medical certainty” your preexisting condition was aggravated or exacerbated by your accident. S.C. Code Ann. 42-9-35 https://law.justia.com/codes/south-carolina/title-42/chapter-9/section-42-9-35/. It important to always be honest about your medical history with your attorney and your employer. Be aware, preexisting conditions are often a reason a carrier will deny a compensable claim or specific injury. https://www.kphippslaw.com/denied-claim/ Thus it is important to consult an attorney in these claims to ensure you have the medical evidence you need to prevail.
By way of example, fictional claimant, Jack Price, had a lower back fusion two years ago at his L5-S1 level. After surgery, Jack was able to return to his construction job. He was not having any difficulty other than occasionally needing to take an Advil after a day at work. Then, while lifting a 20-pound toolbox, he felt a sharp pain in his lower back at site of the surgery. He reported the accident immediately. The pain continued. An MRI confirmed previously implanted hardware is no longer intact. In this instance, it is likely, the medical provider would state to a reasonable degree of medical certainty the lifting accident exacerbated John’s preexisting condition. His conclusion could based on when his pain onset; however, the carrier could either deny the claim outright or to fully investigate. In the interim, John will likely go without any medical treatment or weekly benefits.
He should immediately consult an attorney to know his rights.
