Fort Oglethorpe Pre-Existing Conditions for Workers
Workplace injuries in Fort Oglethorpe are inevitable. Whether an injury is your fault or the result of someone else’s negligence, you could have a viable workers’ compensation claim.
While an injury is challenging on its own, many workplace injuries aggravate pre-existing conditions. These pre-existing conditions could lead to an additional challenge in obtaining compensation, as your employer may balk at the claim. However, a pre-existing condition is not a valid excuse to deny a claim, and an experienced Fort Oglethorpe workers’ compensation lawyer could help you get the compensation you need.
Pre-Existing Conditions Defined
Generally speaking, a pre-existing condition is any medical condition or injury that existed before the work-related injury that serves as the basis of a new compensation claim.
While employers frequently attempt to deny a claim due to a pre-existing condition, Georgia law is clear on the issue. According to Georgia Statute 34-9-1(4), an injured employee deserves compensation for an injury that aggravates a pre-existing condition for as long as the pre-existing condition results in a disability.
Common Work-Related Pre-Existing Conditions
Any medical condition with long-lasting effects could count as a pre-existing condition under workers’ compensation law. These include lingering injuries as well as chronic diseases. Pre-existing conditions are a common factor in a compensation claim, given that in many cases an injury increases the chances of that same injury occurring again. Some pre-existing conditions that are common at the workplace include:
- Concussions and other head trauma
- Degenerative disk disease
- Arthritis
- Prior neck and back injuries
- Prior knee injuries
In many cases, an injured workers’ claim boils down to a fight over a pre-existing condition. A seasoned Fort Oglethorpe workers’ compensation attorney could prove to be a valuable advocate when making the case that the aggravation of a pre-existing condition deserves compensation.
The Impact of a Pre-Existing Condition
Other factors could impact whether a pre-existing condition is covered and to what extent compensation is available. There are three basic types of a pre-existing condition; the State Board of Workers’ Compensation gives each type its own weight when making its determination.
The first type of pre-existing condition is injuries related to prior workers’ compensation claim. An injured worker could receive compensation when an injury that was covered by a prior compensation claim is aggravated. However, the board would likely reduce an injured workers’ benefits due to the prior claim. It is important to understand that receiving the exact same injury twice is not the same thing as aggravating a pre-existing condition, and a new injury does not face the same limitations on recovery.
The second type of pre-existing condition is an injury that is unrelated to a prior compensation claim. If a work injury aggravates a prior wound that was not covered by workers’ compensation insurance, an employee could only recover damages for the degree the original condition worsened, not the full injury.
The final type of pre-existing condition is an injury or medical condition that is entirely unrelated to the injury. For example, if a work accident results in a broken bone that was brought on in part by osteoporosis, an employee should have a case for recovering his or her full damages.
Speak to a Workers’ Compensation Attorney in Fort Oglethorpe Today
Navigating the diagnosis and treatment of a pre-existing condition is a challenge even without the added complication of a workers’ compensation claim. To focus on your recovery, contact an experienced Fort Oglethorpe workers’ compensation lawyer to help guide your compensation claim.
