At Bader Law Firm, LLC, we routinely get calls from injured workers who’ve been denied Georgia workers’ compensation based on a pre-existing condition. It’s a relatively common excuse some insurers use to deny injured employees their benefits. Here’s an important fact that all injured employees need to know: Having a pre-existing condition does not disqualify you for workers’ compensation benefits.
How Workers’ Compensation Views Pre-existing Conditions
You may claim workers’ compensation benefits on the basis that your work conditions or a work accident aggravated a pre-existing condition.
For instance, let’s say years ago you suffered a back injury in a car accident. You received treatment and the injury healed. But then you get a job in a warehouse where you’re required to lift heavy boxes. If you aggravate your pre-existing condition because of your work tasks – lifting heavy boxes – then you may qualify for workers’ compensation even though you suffered a back injury in the past.
When a Pre-existing Condition CanPrevent You from Receiving Workers’ Compensation
There is a scenario where a pre-existing condition can prevent you from receiving workers’ compensation benefits. Let’s say your employer asked about any previous injuries when you were hired. If you were truthful about your previous back injury, then you may still be entitled to workers’ compensation benefits.
But if you intentionally misrepresented your previous injury – you said, “No, I have not suffered any previous back injuries” – then the employer may deny your claim. That’s why it’s important to be truthful if a potential employer asks you about any pre-existing conditions when you’re hired.
If you filed your claim and the insurer wrongly denied it on the basis of a pre-existing condition, you have the right to fight the decision. However, these cases are complicated. So, it would be in your best interest to discuss the details of your claim with an experienced workers’ compensation attorney in Atlanta. Contact the Bader Law Firm, LLC, today at 404-888-8888. We can help you gather supportive documents so that you can get the benefits you deserve.