Are you concerned about collecting Georgia workers’ compensation benefits because of a pre-existing condition?
Fortunately, Georgia workers’ compensation laws do not automatically disqualify you from receiving benefits just because you had prior medical problems. Even when a workers’ comp pre-existing condition exists, employees may still be entitled to benefits if a workplace accident or job-related activities aggravated a pre-existing condition or caused new complications.
The key question is proving that the job’s duties contributed to the employee’s current situation.
What Counts as a Pre-Existing Condition?
Many injured employees worry about what a pre-existing condition means in a workers’ compensation case.
In a Georgia workers’ compensation claim, a pre-existing condition means any medical problem you had before the date of the work injury. This includes both long-term illnesses and older injuries, even if they were mostly managed before the new work-related event.
Can a Pre-Existing Condition Affect Your Workers’ Compensation Claim in Georgia?
Insurance companies closely scrutinize workers’ compensation claims involving pre-existing conditions before deciding whether to approve or deny benefits.
An adjuster may dispute the claim by arguing that your new symptoms stem from the ongoing problem, not from work.
However, Georgia law focuses on whether job duties caused new harm or aggravated a pre-existing condition. When work worsens the condition, benefits may still be available for medical care and wage loss.
Aggravation of a pre-existing condition can be treated as a new injury if work is a direct cause of the new symptoms. Clear medical opinions and detailed treatment histories are crucial evidence in these cases.
Before you file a workers’ compensation claim for a pre-existing condition, it’s wise to consult an experienced attorney who can devise a strategy to help you present the information effectively.
How Georgia Law Handles Aggravation of Pre-Existing Conditions
Georgia statutes recognize that people rarely come to work in perfect health. When job duties combine with an earlier problem and create greater disability, the law may treat that change as a compensable aggravation of a pre-existing condition.
However, you will need solid evidence to support your claim, such as:
- Documentation showing changes to your medical treatment plan caused by the workplace injury
- Proof of a new or increased inability to work resulting from the injury
- Medical records indicating when you began experiencing symptoms, notified your employer, and filed your workers’ compensation claim
How to File a Workers’ Compensation Claim With a Pre-Existing Condition
Filing for workers’ compensation is a time-sensitive process with many deadlines. To get started, you should:
- Notify your employer in writing as soon as possible, but no longer than 30 days from the date of the injury or the date you began experiencing symptoms.
- See a doctor from your employer’s approved panel of physicians. Make sure to explain about your existing medical condition and the new injury.
- Gather documentation to file your workers’ compensation claim.
- Contact an experienced workers’ compensation attorney for help organizing and filing your claim.
Get Help for Your Pre-Existing Condition Workers’ Comp Claim Today
If your job made a pre-existing condition worse, you could receive Georgia workers’ compensation benefits to help pay for the cost of treatment and replace lost wages until your disability ends.
At Underwood Law LLC, we can support you throughout the workers’ compensation process and advocate for the full and fair settlement you deserve.
Use our online contact form to schedule a free consultation today.
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