How Preexisting Conditions Can Affect a Worker’s Comp Claim
Preexisting injuries or illnesses can complicate a worker’s comp claim. While first time on-the-job accidents like a broken bone or a slipped disc are relatively straightforward under the law, filing a claim on an injury that’s worsened as the result of a job can be complex.
What is My Employer Responsible for?
In the state of Georgia, workers cannot sue their employer for injuries sustained on the job. The employer is, however, responsible for paying Worker’s Compensation Benefits. While Georgia worker’s compensation laws cover the “aggravation” or preexisting conditions which means if your work injury keeps you out of work, you may be entitled to benefits.
What is a Preexisting Condition?
Preexisting conditions can be almost anything. They can be symptomatic or asymptomatic and you may or may not have known about them at the time. Your employer is responsible for worker’s comp benefits if these conditions have been worsened by your job. For example, if you had an old football injury to your shoulder that was exacerbated by lifting heavy boxes at the office, treatment for the injury as well as compensation for time off work could be attainable in the state of Georgia. Your employer is not responsible for paying for any treatment you had prior to aggravating the injury at work.
What’s the Catch?
Insurance companies have a little leeway when it comes to preexisting conditions because it’s in their best interest to prove your injury has been “resolved.” When injuries are marked resolved, insurance companies no longer have to pay for treatment or time off work. The insurance company will likely try to prove your injury has returned to “baseline,” or the condition it was in when you started work, in order to end payment.
It’s incredibly important to retain and injury attorney in Georgia when filing a worker’s comp claim. From your doctors’ appointments to your note taking to your conversations with your boss, anything you do from the time you are injured could put your claim at risk.
Call The Jackson Law firm today to get started with a worker’s compensation claim. We’re experienced and we’re on your side.
