So you started a new job, but suffer from an ongoing health problem such as arthritis or back pain. Is your employer required to provide workers’ compensation benefits for these pre-existing conditions? Short answer: it depends. Pre-existing conditions complicate workers’ compensation claims since it is harder to differentiate when and how the injury arose. Because of this ambiguity, claims involving preexisting conditions are often dismissed. With the help of an experienced and knowledgeable attorney, you can navigate these barriers and get the compensation you deserve.
What is a pre-existing condition?
A pre-existing condition is one that was present before the injury cited in the current workers’ compensation claim. Common pre-existing conditions include chronic pain, arthritis, ongoing complications following a previous injury, or hearing and vision impairments. As is, these conditions are not covered under workers’ compensation. If, and only if, these conditions are aggravated by workplace conditions, then the resulting worsened condition is eligible for a claim.
What does that mean for workers’ compensation in the state of Georgia?
Under Georgia workers’ compensation law, pre-existing conditions will only be covered if the claim is for the aggravation of the injury—and even this distinction is limited. The parameters in place: “aggravation of a pre-existing condition is compensable as long as the aggravation lasts.” Once the employee’s condition returns to the pre-aggravated state, that injury is no longer covered under workers’ compensation.
What should I do?
It’s important to go to a doctor that understands workers’ compensation claims because they are familiar with the process and terminology allowing them to distinguish your worsened-state from your original condition. It is also important to talk to an experienced workers’ compensation attorney who understands the particularities of the current rules and systems. At Poirier Law Firm, we know how to handle pre-existing conditions and will do all we can to fight for the benefits you deserve. Call today for your free consultation.