Understanding Aggravation of Pre-Existing Injuries in NC Workers’ Compensation
If you’ve suffered an injury at work that made an old injury or medical condition worse, you might wonder: Does this still qualify for workers’ compensation? The answer, in many cases, is yes — but proving it and getting the benefits you deserve can be more complicated.
At Shankle Law Firm, we’ve helped many injured workers across North Carolina pursue compensation even when a pre-existing condition played a role. Below, we explain how these cases work and what steps you should take if this situation applies to you.
Note: This article is intended for general informational purposes only and should not be considered legal advice. If you’re dealing with a possible claim, we encourage you to contact our team for a free consultation.
Pre-Existing Conditions and North Carolina Workers’ Comp: What the Law Says
North Carolina’s workers’ compensation laws do not bar coverage simply because you had a prior condition or injury. In short, if your job made your condition worse — even temporarily — you may be entitled to benefits.
What Is Considered a Pre-Existing Condition?
A pre-existing condition could include:
- A prior back injury, even from years ago
- Degenerative disc disease or arthritis
- A previously healed bone fracture or sprain
- Old shoulder, knee, or joint injuries
- Chronic conditions like asthma or carpal tunnel syndrome
If any of these are materially worsened by a new work-related incident, your employer’s workers’ comp insurer could still be responsible for medical care, wage replacement, and other benefits.
Real-World Scenarios
Imagine you injured your back in a car accident 10 years ago but recovered and returned to work. If you’re now lifting heavy items on the job and feel sudden back pain that worsens your original condition, this aggravation of a pre-existing condition may entitle you to benefits.
The key is that the new work activity directly caused the material aggravation — not simply the natural progression of the old condition.
What You’ll Need to Prove
These claims can be more complex than a typical workers’ comp case. To qualify, you will need to show:
- That a specific workplace accident or occupational exposure materially aggravated your condition
- That the material aggravation was more than just the natural worsening of a chronic problem over time
- Medical documentation linking your current symptoms to the new work compensable event
This is where having an experienced workers’ comp attorney can make a big difference.
Why These Claims Are Often Denied
Unfortunately, insurance companies often try to deny or limit benefits in cases involving pre-existing conditions. They may argue:
- Your current symptoms were bound to happen eventually.
- The job wasn’t really the cause of your setback.
- The injury wasn’t reported quickly enough to be linked to work.
At Shankle Law Firm, we push back on these arguments with strong documentation and expert input. We make sure your claim tells the full story — not just what’s convenient for the insurance carrier.
What Benefits Can You Receive?
If your claim is approved, you may be entitled to:
- Medical care related to the work-aggravated injury
- Wage replacement if you’re unable to work due to the condition
- Permanent partial disability (PPD) if the aggravation leads to lasting impairment
- Vocational rehabilitation, if you need to be retrained or reassigned to new work duties
Even if the original injury or illness wasn’t work-related, the worsening of it due to your job may be compensable.
What To Do If You Think a Work Injury Worsened a Pre-Existing Condition
- Report the injury to your employer immediately — even if you’re not sure how serious it is.
- Get medical attention and explain exactly how the injury occurred at work.
- Let your doctor know about your previous condition and how this new event differs.
- Document everything — symptoms, missed work, treatment, communication with your employer.
- Call a workers’ compensation attorney to evaluate your case.
We recommend calling sooner rather than later. Timing and documentation can make or break this type of claim.
Talk to the Shankle Law Team About Your Case
At Shankle Law Firm, we understand that injuries don’t happen in a vacuum. Your history, your work environment, and your health all play a role — and we’re here to fight for fair treatment, even when your case involves added complexities.
If you’re dealing with a worsened injury at work, contact our team for a free consultation. We’ll help you determine if your claim qualifies and explain what options you have to protect your health and your livelihood.
*Please Note - The content on this website is for informational purposes only and does not constitute legal advice. Viewing this site, using information from it, or communicating with Shankle Law Firm, PA through this site does not create an attorney-client relationship. For legal advice tailored to your situation, please contact us directly at (704) 370-1212.