Many times when people are involved in a work accident, they will aggravate an old injury. We oftentimes hear concerns from these individuals that the Workers’ Compensation (“WC”) insurance carrier MAY NOT cover medical treatment for these types of re-injuries. So the question in South Carolina becomes, is a work accident that aggravates and/or makes worse a pre-existing injury covered by the employer’s WC insurance carrier?
The simple answer to this question is YES. According to S.C. Code Ann. § 42-9-35 –
(A) The employee shall establish by a preponderance of the evidence, including medical evidence, that:
(1) the subsequent injury aggravated the preexisting condition or permanent physical impairment; or
(2) the preexisting condition or the permanent physical impairment aggravates the subsequent injury.
THIS ARTICLE WAS WRITTEN BY ROY TRAMMELL, a Workers’ Compensation attorney.