Preexisting conditions can quickly complicate otherwise straightforward Georgia workers' compensation cases. The presence of a preexisting condition won't necessarily bar you from receiving the benefits you deserve, but you will need extensive documentation indicating that your Job exacerbated the condition and led to greater suffering.
The Burden of Proving That the Workplace Incident Worsened the Condition in Georgia
Employees afflicted with preexisting conditions may be eligible for workers' compensation if workplace duties lead to more severe symptoms. But your Employer is only responsible for the worsening of your condition — not the condition itself. You might be similarly entitled to damages if a previous workplace injury was re-aggravated at your present Job. In such cases, the claim amount may be lowered to accommodate previous workers' compensation claims. This is true whether an injury occurred in Atlanta, Carrollton, Gainesville, or anywhere else in Georgia.
The Workers' Compensation Act and Preexisting Conditions in Georgia
Georgia's Workers' Compensation Act significantly limits the extent to which employees with preexisting conditions can seek compensation; compensation is only available when work-related aggravation causes the disability. Once an employee returns to pre-injury condition, the Workers' Compensation Act mandates that compensation cease.
Recent changes in legislation have limited compensation for re-aggravated conditions to 400 weeks from the date of the accident, although lifetime medical benefits may be available for catastrophic injuries or those that occurred before June 30, 2013.
Providing Appropriate Documentation
Whether your preexisting condition occurred at work or in some other capacity, you will need to document your previous injury and the impact it had on your life prior to your most recent workplace injury. Decrease your likelihood of a workers' compensation denial by seeking documentation from your physician or from federal agencies that provided previous workers' comp benefits. Supplement this with proof of your current disability, including recent tests and medical records. If employer-approved physicians deny your condition, seek further feedback from an independent medical professional.