Pre-existing Conditions and Workers’ Compensation Claims

David Gantt is a North Carolina Board Certified Specialist in Workers Compensation Law. He represents individuals in matters regarding workers’ compensation and Social Security disability benefits matters. Contact David Gantt at 828-252-2852 to schedule a consultation about your unique circumstance.

Transcript of Video

North Carolina law is very open to aggravation, or acceleration, or exacerbations of pre-existing conditions. What we mean here is that if you have a bad back or maybe it had surgery on your back but you can work. And you work for a period of time and then you have an injury that aggravates that back condition, then workers’ comp law in North Carolina requires the employer to pick up from there. So, in other words, they buy the whole injury. There some arguments that insurance companies make that it should be pro-rated, but the general idea of workers’ comp in North Carolina is that it’s a wage replacement law, and it’s all about getting back to the same wage you earn before. If you were able to work with your injury, and with your preexisting injury, and you aggravate that in some way and you’re unable to work at all, the general rule is that North Carolina will recognize it and you can be paid for the whole injury that you had.