Can pre-existing Injuries Can Hurt Your NC Workers’ Compensation Claim?

If you have worked for a long time in a physically demanding job, such as an order picker in a warehouse, or in the construction industry, you may have been hurt on the job before.  The older you get the more injuries you may have suffered on the job.  So, what do you do when you fill out your new job application and they ask you about your physical condition and previous injuries?  

If you are worried that disclosing your past injuries will prevent you from getting a job, you may choose to not tell your prospective employer about your past injury history.  N.C.G.S 97-12.1 governs willful misrepresentation when applying for a job.  If a worker is found to have knowingly and willfully made a false representation as to their physical condition, compensation for their workers’ compensation case may be barred.

Often a worker has worked past his previous restrictions, or has gotten clearance from a subsequent doctor to do the job.  However, they still might find their case denied by their company’s workers’ compensation insurance company.  The employer also must show they relied upon the false representation in the hiring process, and there was a causal connection between the false representation, and the injury.  Some workers will be literally facing the choice of feeding their children, or having their medical history keep them unemployed.  There are no easy answers for these folks, who are simply trying to be productive members of society.

If you have been injured in an automobile accident, or hurt on the job, please reach out to our firm so we can put our years of experience to work for you.  Tippens & Zurosky has knowledgeable, experienced attorneys who can fight for your rights if you have been injured on the job, or in an automobile accident in North Carolina, or South Carolina.  Call us toll-free at 877-372-3580, or at 704-343-0018, for a free consultation.  Let us help you!