By GNGF Design/Development on September 27th, 2024 in Uncategorized
Employees often “rough it out,” going to work with pre-existing conditions because they need to pay the bills. If workers can complete their duties, it’s not uncommon for them to continue going to work and hoping for the best.
But what if a work-related injury aggravates your pre-existing condition?
Pre-existing conditions can include any “medical problem” that you had prior to the work-related injury, such as:
- Back injuries
- Knee injuries
- Shoulder injuries
- Arthritis
Aggravating an existing condition complicates claims, and it’s best to navigate the claims process with the guidance of an attorney.
At The Law Offices of Darwin F. Johnson, we’ll discuss your pre-existing condition with you and explain the next steps to take. We’ve been involved in over 10,000 cases and will be happy to help you with your claim.
Call us or fill out our form to schedule a consultation.
Can You Still Receive WC Benefits if Your Injury Aggravates a Pre-Existing Condition?
You can still receive benefits even if you have a pre-existing condition that you aggravated, but your condition will complicate your claim. Georgia § 34-9-1 allows for compensation only when the condition causes disability.
If you’re able to return to a pre-injury condition, the claim will no longer be compensable.
For example, if you had a hip injury that only allowed you to stand for two hours at a time and you were injured at work, causing the injury to stop all weight-bearing, you may be able to receive benefits.
Once you’re able to stand for two hours again, your benefits will cease.
Workers’ compensation will provide you with:
- Wage replacement benefits of up to $800 per week or two-thirds of your average weekly wages.
- Medical benefits, which will be available until you’re back to the pre-aggravated condition.
- Total disability benefits in some cases, but you will only be compensated for the loss of function due to the injury aggravation.
Insurers will examine multiple factors, often in an attempt to not provide benefits because of the pre-existing condition.
Pre-Existing Conditions Can Complicate Workers’ Compensation Benefits
Having a pre-existing condition does not bar you from receiving workers’ compensation benefits. However, it can complicate things.
When filing for benefits for a pre-existing condition, the Georgia State Board of Workers’ Compensation will consider several factors when determining whether your injury is related to the condition, including whether it is:
- Completely unrelated to the injury. In this case, you should receive full benefits, as the condition should not affect your claim.
- Not related to a previous claim. If your work injury aggravates a previous injury or an age-related condition, you may be compensated for the amount the injury worsened the condition.
- Related to a previous claim. If the current injury aggravated a previous work-related injury, you may still receive compensation. However, those benefits may be reduced to take into account your previous claim. For example, if a doctor deems that you are eligible for up to $10,000 in a permanent impairment award and you have already received $4,000 from a previous impairment, you may only be eligible to receive $6,000.
Because pre-existing conditions can make the claim process more complicated, it’s important to consult with an experienced workers’ compensation attorney. An attorney can help you determine what type of claim to file and find the next steps in your case.
Can Coverage Be Later Rescinded?
Pre-existing conditions do not disqualify you from workers’ compensation benefits. However, insurance companies are notorious for putting their profits first and finding reasons to terminate benefits.
If you have a pre-existing condition that’s aggravated by a work injury, the insurance company may try to deny your claim or terminate benefits later down the road if they believe your:
- Work injury wasn’t the reason your pre-existing condition has worsened
- Injuries aren’t what you claim them to be
Your benefits may also be at risk of being rescinded if you:
- Were not honest about having a pre-existing condition
- Refuse to comply with required medical exams or treatments
- Fail to attend follow-up appointments
- Do not comply with your doctor’s recommendations
- Refuse the light-duty work that’s offered to you
Pre-existing conditions can complicate WC claims. Having a skilled and experienced attorney on your side is crucial.
An attorney will fight for the maximum benefits you are entitled to, help you protect your benefits and understand your options.
At The Law Offices of Darwin F. Johnson, we know how stressful and complex workers’ compensation claims can be.
For more than two decades, we have been representing injured workers in Georgia. We understand the nuances of workers’ compensation law and will work tirelessly to help you secure the benefits you need and are entitled to.
If your work injury has aggravated your pre-existing condition, contact us or call us today to schedule a free consultation and see how we can help with your claim.
