Workers’ compensation can provide injured workers with financial security after an accident or work-related illness. Frequently, claims can be straightforward, such as when a worker is clearly injured in a visible way in an accident. However, not all claims are settled so easily.
Confusion can arise when an employee has a pre-existing condition that may have been aggravated at work. Who is responsible for this? Is it possible to submit a claim for pre-existing conditions that have been aggravated by work injuries? In short, the answer is yes. However, in order to obtain the compensation you deserve, you must be familiar with workers’ compensation laws in Georgia.
Examples of pre-existing conditions
Pre-existing injuries come in many forms but they often relate to back, neck, shoulder and knee injuries in the context of employment. Sometimes, the preexisting injuries may have been caused by a previous work incident. In other instances, a condition might be completely unrelated.
Conditions related to a previous work claim
Your compensation may be limited if your current claim is based on a previous injury for which you have already received compensation. As always, it is crucial that the court have a full and truthful picture when deciding whether you have a completely separate injury or if it ties in with a previous incident.
Preexisting conditions that are not work-related
Perhaps you have previously been injured in a car accident or a bad fall outside of work. While the injuries you sustained may be causing you trouble, your employer is not responsible for them. However, your employer can be held responsible for aggravating these conditions.
In claims of this nature, the court will analyze how much your work-related duties have exasperated the pre-existing condition.
Providing a clear and accurate picture of your injuries will help you to get the most out of a workers’ compensation claim. As you navigate this process, be sure to remember your legal rights in Georgia.
