Since many jobs in Georgia involve different physical demands even if it is a job that involves extensive sitting and typing at a computer, it is no wonder that so many Workers’ Compensation Claims every year involve the issue of Pre-Existing Conditions. In order to understand how the Aggravation of a Pre-Existing Condition may have an impact on your Workers’ Compensation Benefits in Georgia, it is first important to understand what exactly is a Pre-Existing Condition.
As stated on the Workers’ Compensation sub-page on my website titled, “Pre-Existing Conditions,”, Pre-Existing Conditions can take many forms such as an illness that is chronic for example diabetes, a traumatic injury or receptive stress that is ongoing, and/or an injury that happened one time at work that had healed and then was reinjured on the job. What all of these conditions have in common is that they are medical issues that were in existence before the work injury that is the subject matter of the benefits that you may be currently filing for in a Workers’ Compensation Claim.
Now that we have established what a pre-existing condition is, it is important to understand how the law treats injuries in terms of Workers’ Compensation Claims and Benefits when a Pre-Existing Condition is involved. One of the most commonly asked question is, “What Happens if I, as an Employee, Re-Injure a Pre-Existing Condition or Injury?”
Basically, the Workers’ Compensation Law in Georgia will take into consideration whether or not the injury for which the employee is seeking Workers’ Compensation Benefits is related to said Pre-Existing Condition and, if so, to what degree and how much should this limit the compensation due to the employee as a result.
For example, if the aggravation to the Pre-Existing Condition is the cause of the current disability, then the injury may be compensated for under Workers’ Compensation. If, however, the aggravation is resolved and the employee returns to the condition that the employee was in prior the injury, then the Workers’ Compensation Claim may no longer be compensated. It is important to note, however, that even though a Pre-Existing Condition may make it more difficult to prevail in a Workers’ Compensation Case in Georgia, it does not make it impossible.
I will continue my discussion of Pre-Exisitng Conditions in Workers’ Compensation Cases in Georgia in part two of this blog titled, “Pre-Exisitng Conditions in Workers’ Compensation Cases in Georgia ~ part two.”
At Julie A. Rice, Attorney at Law, & Affiliates we have collectively been representing Injured Workers’ in Georgia for over 75 years and we have handled hundreds, if not thousands, of cases involving Pre-Exisiting Conditions.
If you or a loved one have been injured or killed on the job in Georgia, then please Contact Us by any of all of the following means: By phone at (770) 865-8654, or (813) 363-6664, by email at email@example.com, or on the Contact Form on this blog or on the Contact Form on our website for your free legal consultation.
We are here to assist you so that you receive the most amount of just compensation that you deserve in your Workers’ Compensation Case in Georgia.