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Phone: 864-582-0416
Holland & Usry, P.A.

I’ve had a bad back for over 20 years. Recently, I twisted it at work in Greer and it got much worse. Does workers’ comp cover that?

Yes. When a South Carolina work injury makes a prior injury worse, it’s still covered under workers’ compensation law.

The involvement of a prior injury does complicate your claim. To get benefits, you’ll have to prove:

  • The work injury worsened the prior injury, or
  • The prior injury worsens the work injury.

South Carolina law is very specific about the type of proof required to justify benefits in your situation. The law requires medical evidence showing you’re entitled to benefits despite the prior injury —meaning a doctor’s opinion or testimony to a reasonable degree of medical certainty, or medical records.

In our example, if your bad back didn’t keep you from working or didn’t even bother you until you hurt it at work, you should be entitled to workers’ comp benefits. Importantly, if you satisfy the proof requirements, you can also be compensated for your permanent disability caused by the combination of the prior injury and your work injury. For an explanation how these benefits work, see the other articles on this site, especially those listed below.

While the South Carolina workers’ compensation law helps workers whose prior injuries are made worse by work, it is not an easy ticket to ride. You must be very careful about submitting the proper proof to satisfy a skeptical insurance company who doesn’t want to pay you or, if the claim is contested all the way to a hearing, be sure the evidence satisfies the legal standard judged by the Commission.

If you have a prior injury that got made worse by work, feel free to call us at 864.582.0416 or 888.230.1841 to set up a free meeting to discuss whether your employer’s insurance company should help fix it and most importantly, to protect your rights to these important benefits you could lose if the claim is not presented properly. You can also send us an email or a live chat right from where you are.

 

Rob Usry
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Rob is a South Carolina personal injury and criminal defense lawyer.

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