Say you’ve struggled with back pain for the past few years. You have visited a doctor to receive treatment and are finally healed and pain-free. Then, you begin a new job and your new workplace responsibilities result in the re-injury of your back. You may be wondering if you are eligible for workers’ compensation since you technically suffered from problems with your back prior to even starting your new position. In Georgia, the answer is yes! An aggravation and worsening of a pre-existing condition is considered a “new injury” for workers’ compensation purposes in Georgia and is fully compensable. There are some guidelines and exceptions to this rule, but in general, if your pre-existing condition has returned or worsened from performing your on-the-job duties, you are likely eligible for workers’ compensation.

Technically, if you have a pre-existing condition that is aggravated by performing an activity related to your job, that becomes a separate injury entirely. The Georgia workers’ compensation system looks at an exacerbated pre-existing condition the same way it would look at a new injury incurred on-the-job. As long as you can prove that your workplace caused or worsened your injury, you are in a good position to receive workers’ compensation benefits. 

It is important to understand how the Georgia Workers’ Compensation System looks at the “aggravation” of an injury. You can normally prove you are suffering from aggravation of an injury if you had a condition you were treated for and were cleared to return back to work, and then, once you were receiving no other treatment for the pre-existing condition, you suffered from a new injury to the same body part and are now either fully disabled or put on work release until you heal.

There is one major exception to the pre-existing condition rule. When applying to a new job, it is essential that you disclose your pre-existing condition to your employer. If you do not inform your employer of your pre-existing condition upon hire, you could risk being ineligible for workers’ compensation. Before you begin any workplace tasks, ensure that you tell your employer that you suffer from a pre-existing condition so they cannot use it against you in the event you are injured on the job. 

Cases involving a prior injury or pre-condition can be tricky but are fully litigable and compensable in most cases. Contact Poirier Law Firm today if you have suffered from a worsening of your pre-existing condition due to your job responsibilities. We will fight for your rights and to ensure we present your unique case in a way that will give you the strongest chances of receiving the workers’ compensation you deserve.