Workers’ Compensation and Pre-Existing Conditions in Georgia

• February 2, 2025
• Attorney David Mann
• Workers' Compensation

Workers’ comp is a program designed to provide benefits to employees who are injured on the job. In Georgia, this system ensures that workers receive medical treatment, compensation for lost wages, and other support when they experience work-related injuries. However, situations can become complicated when an injured worker has a pre-existing medical condition.

This blog post will discuss workers’ compensation and pre-existing conditions in Georgia.

Pre-Existing Conditions and Georgia Workers’ Comp

In Georgia, workers’ comp covers injuries that happen while performing your job duties. However, if you have a pre-existing medical condition, such as a back problem, joint pain, or heart disease, things can get complicated. A pre-existing condition refers to any injury or illness that existed before you were injured at work.

The law in Georgia recognizes that workers who already have health issues should still be able to receive benefits if their work injury makes the condition worse. Under Georgia law, if your work injury significantly worsens a pre-existing condition, you may qualify for workers’ comp benefits. However, the process can be more difficult, because the insurer or employer may argue that your injury is related to your pre-existing condition and not your job.

Proving Aggravation of a Pre-Existing Condition

One of the main challenges workers face when dealing with pre-existing conditions and workers’ compensation is proving that their job injury has aggravated or worsened their prior health issue. You must provide evidence that shows how your work injury directly impacted your pre-existing condition.

Here are some steps involved in proving aggravation of a pre-existing condition:

• Medical Evidence – The most important factor in proving that your work injury aggravated a pre-existing condition is medical evidence. A doctor should be able to explain how the work injury made the pre-existing condition worse, by causing new damage or increasing pain and suffering. Medical reports, imaging studies (like X-rays or MRIs), and detailed notes from your doctor will be important.
• Medical History – Your prior medical history will also be reviewed. This includes any past treatments or surgeries related to the pre-existing condition. A doctor will need to explain how the new injury differs from your previous issues and how it’s connected to your job.
• Expert Opinions – If necessary, experts in the field of medicine may be brought in to testify about the relationship between your work injury and the pre-existing condition.

Challenges and Potential Issues

When it comes to workers’ compensation claims involving pre-existing conditions, several challenges and issues can arise:

• Denial of Claims – Insurers or employers may argue that your injury is related to a pre-existing condition and is not the result of your job. They may argue that you would have experienced the same symptoms even without the work-related injury.
• Limited Benefits – The insurance company might agree to cover only the portion of your injury that is work-related, leaving you responsible for the costs related to your pre-existing condition.
• Pre-existing Conditions and Aggravation vs. New Injury – If you hurt yourself while lifting at work, the insurer may argue that it’s not related to your pre-existing condition but it is a new injury, which could complicate your case.
• Impact on Disability Benefits – If your pre-existing condition causes long-term disability, you may have difficulty getting compensation for lost wages or permanent disability benefits. Proving that your work injury, rather than your pre-existing condition, is the main cause of your disability can be difficult.

Dealing with these challenges requires careful planning, documentation, and a clear understanding of workers’ compensation laws in Georgia. If you’re facing difficulties with your claim, it’s important to seek legal assistance to navigate the complexities of these issues.

How a Workers’ Compensation Attorney Can Help

If you have a pre-existing condition and have been injured at work, consulting with a workers’ compensation attorney can make a big difference in the outcome of your case. Here’s how an attorney can help:

Legal Expertise – Workers’ compensation laws can be complicated, especially when dealing with pre-existing conditions. An experienced attorney can help you understand your rights, the evidence you need, and how to navigate the legal process. They can also explain how Georgia’s workers’ compensation laws apply to your specific case.

Gathering Evidence – A workers’ compensation attorney will assist in gathering medical records, doctor’s reports, and any other documentation needed to prove that your pre-existing condition was aggravated by your work injury. They can also help identify expert witnesses who can support your claim.

Negotiating with Insurers – Insurance companies often try to minimize the amount of compensation they pay. A lawyer can negotiate on your behalf to ensure that you receive fair compensation for your injury, including medical treatment, lost wages, and any future disability benefits.

Appealing Denied Claims – If your workers’ compensation claim is denied, an attorney can help you file an appeal. They can present additional evidence, cross-examine experts, and argue your case to a judge.

Peace of Mind – Dealing with a pre-existing condition and a workplace injury can be overwhelming. An attorney will handle the legal aspects of your case, allowing you to focus on your recovery without the added stress of managing your claim.

In Georgia, workers’ compensation law provides important protections for workers with pre-existing conditions. However, navigating the claims process can be challenging. If you have a pre-existing condition and have been injured on the job, it’s crucial to work with a skilled workers’ compensation attorney who can help you get the benefits you deserve.

We hope this blog post helped you understand workers’ compensation and pre-existing conditions in Georgia.

Contact the Mann Law Firm Today To Discuss Your Workers’ Compensation Claim

The Mann Law Firm has been helping clients with their workers’ compensation claims for over 30 years.  David Mann is in a unique and beneficial position to help clients because he used to work as in-house defense counsel for a large insurance company.  He knows the tactics insurance companies use to deny workers’ comp claims and uses that information to represent his clients.  Give us a call today at (478) 742-3381 for a free consultation.  At the Mann Law Firm, you come first.