The phrase "pre-existing condition" has long been the bane of sick patients trying to work through their health insurance provider. That's changed a lot in recent years, but pre-existing conditions still prove huge issues in North Carolina workers' compensation claims.
Insurance companies will often claim that a workplace injury was not actually a workplace injury. Many of our clients have seen their claims fought or rejected because the insurance company argues that the injury existed before the workplace accident. And because the accident didn't cause the injury, the insurance company argues, the employee isn't eligible for benefits.
Fortunately, North Carolina law is more nuanced than this. Legal precedent holds that benefits can be paid if the accident aggravated a pre-existing injury and caused pain, suffering and debilitation that would not otherwise have resulted.
Take an example of a worker who is pursuing workers' compensation for a back injury. It's not unusual for a middle-aged man to suffer some back pain and discomfort in his everyday life. However, if that man hurts his back in a workplace accident, he is still eligible for workers' compensation, even with the history of the existing back pain.
If you're a North Carolina resident and you need a skilled workers' compensation lawyer, please contact White & Stradley, PLLC today for a free consultation.