According to South Carolina Code of Laws § 42-9-35, workers’ compensation may cover pre-existing conditions if one of the following circumstances apply: a work-related injury exacerbates a pre-existing condition, or a pre-existing condition exacerbates a work-related injury.
When our legal team helps you prepare your application for coverage, we may be able to help you identify and consult with relevant medical experts. Certain qualifications may apply to the aggravation of your pre-existing condition, including whether or not an injury is limited to one part of your body. In addition, workers’ compensation may cover a pre-existing condition even if you were not initially aware of it.
Our Team will Collect Evidence to Support Your Claim
To prove the aggravation of your pre-existing condition, our team may help you compile and organize the following required documents:
- Evidence of your injuries
- Medical expert opinions and testimony
- Your medical records
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Your Right to Workers’ Compensation has a Time Limit
Seeking financial compensation is a multi-step, time-sensitive process. It involves several different notification and filing deadlines. Your claim must comply with the following time restrictions, as they apply:
- Inform your employer of your injury within 90 days.
- File your claim for benefits within two years.
- Request a hearing to reassess terminated benefits within 60 days.
- Request an appeal of a denied application within 14 days.
With sufficient notice of your injuries and intent to seek workers’ compensation, our team may help you ensure each step of your case complies with its required timeline. The sooner you involve our team, the more time we will have to locate important evidence and interview witnesses to your accident.
Pursue the Medical and Financial Compensation You Deserve
If you suffered a physical injury or occupational illness at work, workers’ compensation laws may help you get benefits during your recovery. South Carolina Workers’ Compensation Commission guidelines entitle you to certain benefits if you are hurt at work. For example, you may qualify for coverage of medical care, including:
- Assistive devices
- Prescription drugs
- Prosthetic devices
- Surgical procedures
- Hospital admissions
These costs are covered as long as you seek medical care from a physician chosen by your employer or their insurer. In addition to medical care, you are entitled to the following financial benefits:
- 66 2/3 percent of your average weekly salary
- Compensation for lost wages after 14 days
- Compensation for lasting or permanent impairments
You do not have to calculate your damages or the value of your workers’ compensation claim without assistance. Our team can assign an accurate value to your case and help you keep fighting if you receive an application denial.
Do not Give Up if Your Initial Application is Denied
The denial of your initial application for workers’ compensation benefits does not have to be the end of the road. According to South Carolina Bar guidelines, you can file an appeal with the Commission.
Your employer is also entitled to file an appeal if your application is approved. When you begin the appeals process, our team can get involved and fight by your side. Our goal is to help you fight for the compensation you deserve.
You must file your appeal within 14 days, so do not hesitate to reach out to our team. We might be able to help you identify issues with your original application, build an effective appeal, and locate and interview witnesses to support your case.
Determining the Value of Your Workers’ Compensation Appeal
The value of your appeal might be difficult to calculate on your own because it could include compensation dating back to your initial application. If your appeal is successful, South Carolina Code of Laws § 42-9-240 entitles you to recoup payment within seven days.
At that point, all past-due compensation becomes due, including the maximum allowable interest. Further compensation may be paid on a weekly basis unless the Commission determines otherwise in your case. Under certain circumstances, South Carolina Code of Laws § 42-9-301 may entitle you to a lump-sum payment.
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Get Help from a Greenville Workers’ Compensation Lawyer
If you were hurt at work and do not want to navigate the workers’ compensation process on your own, our team is here to help. Our Google reviews and the customer testimonials on our website reveal the compassionate, committed service we provide to each of our clients.
Let our team help you fight for the benefits you deserve. Contact the client support team at Hammack Law Firm at (864) 326-3333 to learn more about how and when workers’ compensation may cover pre-existing conditions. We humanize the personal injury experience by treating you like we treat our own family.