Does workers' compensation cover a pre-existing condition that is made worse by a work related accident

Nancy Salley • December 20, 2017
In Mullinax v. Winn-Dixie Stores, 318 S.C. 431, 458 S.E.2d 76 (Ct. App. 1995), the South Carolina Court of Appeals held that a pre-existing condition that is activated, aggravated or accelerated by a work-related injury is compensable under workers’ compensation. Basically, an employer takes an employee as he finds him or her. However, it is the injured worker that must prove the activation, aggravation or acceleration of the pre-existing condition is causally related to the work injury. Just because a pre-existing condition becomes worse after a work injury does not mean the worsening is causally related to the work injury. It is required that a doctor be able to testify to a reasonable degree of medical certainty that the work injury caused the activation, aggravation or acceleration of the pre-existing injury. For a doctor to be able to do this, they must be provided all the facts and evidence regarding the injury and the pre-existing condition. An experienced workers’ compensation attorney can greatly help with making sure a doctor has all relevant information and can also make sure to address all the details in how the pre-existing condition has worsened since the work-related injury.

A person who has a pre-existing condition at the time of his employment does need to carefully review the job application and hiring paperwork. Failing to disclose a known pre-existing condition when the employer specifically inquires in the application could be a bar to compensability under workers’ compensation. If you believe that you may have an issue with compensability due to failure to disclose a pre-existing condition in your application, then you should immediately contact an attorney to help determine your rights.    

If you would like to speak to one of our attorneys at Salley Law Firm, P.A.in Lexington, SC regarding a pre-existing condition that was made worse by a work-related injury, please do not hesitate to call us at 803-356-5000 or toll free at 1-800-321-6125.
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