Electric scooters are fun, easy to use, and dangerous. The Associated Press reported on June 9, 2019, that You got hurt on the job. You filed a workers’ compensation claim. Then the insurance company denied it, saying your injury is tied to a pre-existing condition. This is one of the most common and frustrating reasons workers’ comp claims are rejected.
Many people immediately ask: Does workers comp cover pre-existing conditions? The answer is yes. Having a prior injury, diagnosis, or medical history does not automatically disqualify you from benefits.
The reality is that workers’ comp and pre-existing condition disputes are routine in South Carolina, but they are not the end of your case. While it may make the process more complex, your rights remain intact. If your job materially worsened your condition, the law still entitles you to benefits to cover medical care and replace lost income.
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What South Carolina Law Says About Pre-Existing Conditions
If you were in an electric scooter accident, you may be eligible for monetary recovery. The Los South Carolina law is actually very protective of workers, provided you know how to apply it. Under S.C. Code § 42-9-35, you are entitled to benefits if a work-related accident aggravates, worsens, or exacerbates a condition you already had. This portion of South Carolina law includes important provisions including:
- The “Eggshell” Rule: Legally, your employer “takes you as they find you.” If you have a weak back and a lifting incident makes it worse, they are responsible for that worsening.
- Aggravation is an Injury: You do not have to be “perfectly healthy” before a work accident to qualify. If the job made a quiet condition loud, or a manageable pain unbearable, that is a compensable injury.
- Causation: The work accident does not have to be the only cause of your condition; it just has to be a contributing factor that made it worse.
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Read MoreWhy Workers’ Comp Claims Get Denied Over Pre-Existing Conditions
Insurance companies deny these claims because pre-existing conditions give them an easy reason to argue you are not entitled to benefits and avoid paying what you are owed.
Here are the most common arguments they use to justify a workers’ comp denied pre-existing condition notice.
Legal Burden of Proof
In South Carolina, you must show that your job aggravated or worsened a pre-existing condition. If that connection is not clearly documented in your medical records, insurers often deny the claim and assume you won’t challenge it.
Scrutiny of Medical History
Expect the carrier to comb through years of records. A past complaint, a brief course of physical therapy, or even something you recovered from long ago can be reframed as the “real” cause of your current problem.
Disputing Causation
The most common denial is: “This is not directly related to your job.” South Carolina law allows compensation if work materially worsened your condition, but insurers frequently deny based on semantics or gaps in documentation.
Embarking on litigation can feel like an uphill battle, especially when you’re recovering from a serious injury. That’s why you hire the best lawyer in the business.
Independent Medical Exams (IMEs) and Conflicting Opinions
Insurance-selected doctors may downplay the work connection. If opinions conflict and your evidence is not clear, the insurer often rules in their favor.
Steps to Take If Your Claim in Los Angeles Was Denied
If you have received a denial letter, the clock is ticking. In South Carolina, you generally only have 14 days to request an appeal of a denied application. Here is what to do if your claim is denied:
- Gather Your Records: The key to reversing a denial is medical evidence. In South Carolina, your testimony alone is not enough. You need expert documentation that demonstrates how work materially worsened a pre-existing condition. Collect all doctor’s notes and imaging. Showing the progression of your symptoms helps prove the work-related aggravation.
- Document Functional Limits: Keep a log of what you can no longer do at home or work. This helps your workers’ comp lawyer prove the impact on your life.
- Stay Compliant with Treatment: If you stop going to the doctor because the insurer is not paying, they will argue you are “all better.”
- Get Legal Help: Navigating workers’ comp appeals in Columbia, SC is difficult when you’re alone. Turn to Lee Injury Law for help after a claim denial. We review the evidence, anticipate insurer defenses, and develop a plan to present your claim in the strongest possible way, whether in negotiation or before the Workers’ Compensation Commission.
Call Lee Injury Law For a Free Consultation
Insurance companies often deny claims, hoping you will accept and move on. Many workers in the Midlands, South Carolina and other regions assume a pre-existing condition means they have no case, but that is simply not true. You have the right to fight for your benefits.
Workers’ compensation attorney Tyler Lee and the qualified team at our firm will make sure your proof is solid and your story is heard. We provide statewide workers’ comp coverage to ensure every South Carolina worker has a voice against big insurance.
Check out what our clients say about our commitment to their recovery, and take the first step toward the compensation you deserve. Call today.
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What to do after an accident: “Take as many pictures as you can. Go to urgent care or a hospital and document your injuries. Then call Ellis Law.”
