Managing Partner
Getting hurt on the job is upsetting enough, but if you have a prior injury or chronic condition, you might worry that your workers’ compensation claim will be denied. Many workers believe that a pre-existing condition automatically disqualifies them from receiving benefits.
Fortunately, Georgia law often protects employees in these situations. In fact, if your job duties or a workplace accident aggravated your condition, you may still be entitled to full workers’ compensation benefits. Understanding how Georgia handles pre-existing conditions is key to protecting your rights and your recovery.
What Is a Pre-Existing Condition?
A pre-existing condition, in the context of workers’ comp claims, is any medical issue you had before your current workplace injury. This could include chronic problems like arthritis, an old knee injury, or repetitive strain conditions such as carpal tunnel syndrome. Even injuries from decades ago, like a sports injury from high school, are pre-existing conditions if they affect the same area as your current injury.
Under Georgia Code § 34-9-1, you can still qualify for workers’ compensation if your job duties or a workplace accident worsened an existing condition. The workers’ comp system recognizes that people don’t always walk into their jobs in perfect health, having never suffered any prior injuries or illnesses. If your work exacerbates an existing issue to the point where you need new treatment, can no longer perform your duties, or must take time off, the law treats it like a new injury.
The focus isn’t on whether you were perfectly healthy before – it’s whether your job made your condition worse. If so, you may be entitled to medical care, wage replacement, and other support.
If your claim is approved, your employer or insurer must cover the worsened condition until you return to your baseline (pre-injury) condition. For example, if you had a chronic knee issue and lifting heavy boxes at work caused a serious flare-up, that could be deemed a new injury under the law.
How to Strengthen Your Claim
Workers’ compensation claims involving pre-existing conditions can be complex. Common tactics include arguing that your symptoms are unrelated to your job or blaming everything on your prior condition. Working with a workers’ compensation attorney early on can help you gather documentation and other medical evidence to support your claim.
If your job duties worsened a pre-existing condition, here’s what to do:
- Report the Injury – If possible, report the injury to your employer right away. The earlier you report, the less likely you are to miss key deadlines.
- Seek Medical Treatment – Visit a doctor right away. Be honest about your medical history when talking to medical providers, employers, and insurance adjusters, but avoid volunteering unnecessary details.
- Gather Documentation – Your medical records can help prove that your job duties exacerbated your prior condition. You’ll need records of your condition before and after the work-related injury. It’s also a good idea to keep a list of your symptoms, which tasks make them worse, and any work-related restrictions your doctor may recommend.
It’s important to be honest and consistent – don’t exaggerate or downplay your symptoms. Your statements to doctors, your employer, and the insurer should clearly reflect your condition.
When to Speak with a Workers’ Compensation Lawyer
You don’t have to face insurance companies alone – legal support can mean the difference between denied benefits and the compensation you deserve. Here’s when to call an attorney:
- If your claim is denied due to a pre-existing condition
- If your benefits are suddenly reduced or stopped
- If you’re pressured to return to work before you’ve healed
An experienced attorney can help build your case and appeal unfair decisions.
Consult an Experienced Georgia Workers’ Compensation Attorney
Pre-existing conditions can make workers’ comp claims feel like an uphill battle – but under Georgia law, you may still be entitled to compensation. With the proper documentation and support, you can build a strong case.
Joshua E. Palmer Law Firm is here to help you through the process. Contact us today for a consultation.
