Employers need to keep employees safe from harm while they are working. When someone is injured on the job they have the right to file a claim for workers’ compensation. Workers’ compensation provides money while you can’t work and ensures that your medical expenses related to the injury are covered. Some people wonder what happens if they already have an injury before they are hurt on the job. How will this affect a potential workers’ compensation claim in Atlanta?
Preexisting Conditions in Workers’ Compensation Cases
You may think that because you already had an injury that you won’t be eligible for a workers’ compensation claim. However, Georgia law allows an employee to file a claim if a preexisting injury was aggravated while on the job. Employers are required to take employees as they find them. This simply means that employers must cover all employees, even those that may already have previous injuries.
For example, you had an unrelated shoulder injury several years ago. It was healed and you were cleared to work. You now injured your shoulder while at work. The injury may not have been as bad had you not had a previous injury to the area. The law allows you to file a workers’ compensation claim. You cannot be penalized because of a previous condition.
When a Preexisting Condition Matters
Any preexisting condition is cause for concern. It is therefore extremely important that you make sure to inform doctors and medical professionals about the old and new injuries at the time of treatment. You certainly don’t want to have a claim denied because you failed to properly handle a claim. For this reason it is advisable to have an Atlanta workers’ compensation attorney represent you throughout the claim process.
A preexisting condition is only considered part of a workers’ compensation case for as long as the condition continues to be impacted by the new injury. If the new injury is no longer an aggravating factor for the condition it will no longer be covered as part of a workers’ compensation claim. The medical examinations and reports will be of utmost importance for the purpose of determining whether an injury is covered by the claim.
How an Atlanta Workers’ Compensation Attorney Will Help
Workers’ compensation cases can be complicated, even under the most basic of circumstances. When a preexisting condition is present it can make the claim much more difficult and intricate. There is an added importance to the medical reports and the interpretation of the current and past injuries.
An experienced workers’ compensation attorney understands how to resolve these types of situations to achieve favorable results for the claimant. The sooner you obtain help from an attorney the better because the medical care you receive will be a central focus of the decision to grant or deny a claim. If your claim was denied it is best to talk to a lawyer to find out how to proceed.
If you have a preexisting medical condition that was aggravated by a work injury you may have a workers’ compensation claim. Talk to the skilled Atlanta workers’ compensation lawyers at The Bader Law Firm to discuss the details of your case today.
Seth Bader is an Auto Accident and Personal Injury Attorney who practices in Atlanta, Rome, Savannah, Norcross, Carrollton, Georgia. He graduated from Florida State University College of Law and has been practicing law for 14 years. Seth Bader believes in fighting for the injured. Learn more about his experience by clicking here.