Atlanta’s workers’ compensation laws provide financial assistance to injured workers, but it’s very important for all employees to understand how the compensation system works. During the claims process, injured workers must undergo a medical examination to verify the severity of their claimed injuries. There are certain issues that interfere and can lead to delays or denial of claims by the State Board of Workers’ Compensation.
If that wasn’t enough, there are factors that could give an employer sufficient grounds to dispute an employee’s workers’ compensation claim. Need help? Contact workers’ compensation attorneys for pre-existing conditions and get the compensation you need.
Our attorneys work professionally in areas such as Fulton County, Gwinnett County, and Cobb County, handling cases ranging from pre-existing injuries to brain injuries such as aneurysms, trauma, stroke, and more. Contact our team of workers’ compensation attorneys in Atlanta and schedule a free case evaluation.
After reviewing your case, our team of attorneys at Cruz & Associates can determine workers’ compensation and inform you about factors that influence and do not influence the outcome of your employment claim.
How do pre-existing conditions affect workers’ compensation?
Among the most common reasons for claim disputes or denials are preexisting conditions. If a worker has a preexisting medical condition or pathology, the workers’ compensation process could be even more complicated.
These cases apply directly when the worker’s preexisting medical condition is somehow related to the new work-related injury. For example, if an employee underwent hip replacement surgery and suffers a pelvic or hip injury from a fall while on the job, the employee’s medical history may complicate the claims process.
Additionally, employees who suffer the same injury repeatedly may also have problems with their workers’ compensation claim.
In these cases, for example, a worker fractures his arm in a fall and files a workers’ compensation claim, but the next year he falls in a similar manner and breaks the same arm. A claim to the State Workers’ Compensation Board could reduce the benefits and compensation for this second injury.
How to differentiate between pre-existing injuries and new injuries to obtain compensation?
When applying for workers’ compensation, it is very important for employees to learn to differentiate between aggravated pre-existing conditions and new conditions in the same area of the body where they have previously suffered injuries. This distinction is relevant when applying for workers’ compensation benefits, and can affect the amount of payment and benefits for affected workers.
There are various types of injuries that occur in the workplace, and if a worker suffers a hardship due to a work-related injury, that worker may qualify for workers’ compensation for permanent disability.
However, if the employee subsequently suffers another workplace injury, another permanent disability award may result, and the second award would become partial compensation, totaling the amount of the injury according to the treating physician.
A good workers’ compensation attorney in Atlanta can help you differentiate between types of injuries and pursue compensation.
For example, if a doctor determines an injured worker is eligible for up to $10,000 in permanent disability benefits, but the employee already received $6,000 for a previous permanent disability, the injured employee will only receive $4,000.
What is the best claim option for aggravated pre-existing conditions?
If an on-the-job injury aggravates a previous injury, a new workers’ compensation claim may result in lower benefit payments than the original injury.
If the prior injury did not occur at work, then workers’ compensation benefits will only cover the aggravation caused by the work-related injury.
If you, a loved one, a friend, or someone you know has been injured on the job due to a preexisting condition, contact the Atlanta workers’ compensation attorneys at Cruz & Associates to review your case.
With over 25 years of experience, our Atlanta workers’ compensation attorneys can help you obtain workers’ compensation. Find the help you need!
