For employees who suffer on-the-job injuries in Alpharetta, it may be common for workers’ compensation insurers to deny claims for benefits by arguing the employee is suffering from a pre-existing condition. State law specifies that a pre-existing condition does not bar an employee from receiving benefits if certain factors can be proven.
Despite those laws, it may be difficult to achieve success in a workers’ compensation claim involving Alpharetta pre-existing conditions for workers. Applicants frequently choose to seek assistance from a proactive workers’ compensation lawyer with experience handling workers’ compensation cases in which pre-existing conditions may be a factor.
The Official Code of Georgia §34-9-23 states that the workers’ compensation plan was established to provide “a complete and exclusive system and procedure for the resolution of disputes between employers and employees …concerning accidents and injuries arising out of and in the course of employment.” In practice, Georgia’s workers’ compensation scheme is intended to protect both employees and employers by establishing a no-fault system to handle injuries that occur at work.
Employees may not need to prove negligence on the part of the employer, but they could be prevented from filing a lawsuit seeking damages for injuries arising in the course of employment. In theory, it could be easier to receive compensation for a work injury under this system. Employees do not have the potential to receive as much compensation as they would from a lawsuit. A lawyer could explain to an individual what their employee’s obligations could be in relation to Alpharetta pre-existing conditions for workers.
Because the benefits payable through workers’ compensation insurance are usually the only remedies injured employees may seek from their employers, it may be important for workers to know what injuries are covered. O.C.G.A. §34-9-1(4) defines covered injuries to include aggravation of a pre-existing condition, so long as that job-related aggravation is the cause of the disability.
When conditions arising from employment no longer cause the condition to constitute a disability, the pre-existing condition would no longer be covered under workers’ compensation. This means that if and when a condition returns to its pre-aggravation state, income benefits and medical benefits could be discontinued, and permanent partial disability payments may be cancelled depending on the situation. A worker’s compensation attorney in Alpharetta could explain to an individual how the laws regulating worker’s compensation are affected by pre existing conditions.
Employees may know they have a pre-existing condition such as an old back injury or knee problem caused by an accident in certain cases. In others, an employee may suffer from a pre-existing condition such as arthritis or osteoporosis without being aware of it.
The law in Alpharetta treats both types of pre-existing conditions for workers the same. If work conditions aggravate a back injury or cause brittle bones to break, that aggravation is the key to determining eligibility for workers’ compensation benefits.
Proving aggravation of a pre-existing condition as the cause of disability might be difficult. As such, it may be critical for applicants to receive thorough examinations, follow doctor’s instructions, and provide complete information to their healthcare providers. Any weakness in medical evidence may be used to support arguments that a claim for benefits should be denied. An attorney could help a person appeal any denials for benefits.
In Alpharetta, pre-existing conditions for workers’ compensation claims need to be handled carefully. In order for a claim to succeed under these kinds of circumstances, your medical record may need to demonstrate that conditions at work caused you to become disabled specifically by aggravating your pre-existing condition.
An experienced lawyer in Alpharetta could provide information on how to demonstrate that the aggravation and not pre existing conditions for workers caused the disability. A seasoned attorney in could assist in proving the extent of a disability and other factors necessary to obtain compensation benefits.
With offices in Alpharetta, Atlanta and Marietta, we provide legal assistance to people throughout Georgia and the Southeast in all matters of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), and workers’ compensation claims.
We are ready to help you, and offer multiple ways to reach us.