How Does a Pre-Existing Condition Affect my Workers’ Comp Claim in Georgia?

People get hurt at work all the time. It doesn’t matter what kind of work you do. You could injure yourself lifting a box, or hurt your back just turning in your car. You never know when it’s going to happen. That’s why companies have workers’ comp insurance.

The goal of workers’ comp is to compensate you while you’re recovering from your work-related injuries. It’s also there to make sure you have the medical care you need. As long as your injuries are caused on the job, you shouldn’t run into many problems.

However, life isn’t perfect. There are reasons why your employer may deny your claim. Some of these reasons include:

  • Your injuries didn’t occur at work
  • You weren’t on the clock at the time of your accident
  • You were terminated prior to your injury
  • You had a pre-existing condition

For the first three reasons, your lawyer can file an appeal. The same is true for a pre-existing condition.

Your Columbus Workers’ Comp Lawyer Can Help You with Your Claim

If your workers comp claim is denied based on a pre-existing condition, your lawyer can help. Just because you have a pre-existing condition doesn’t mean you aren’t entitled to benefits. You could have exacerbated your existing injury. Or, your new injury may have nothing to do with your pre-existing condition.

When you see the company approved doctor, he’s going to pull your medical records. He needs to know your medical history before he treats you. He needs to know if you have any allergies or conditions he needs to know about.

When he reviews your medical records, he may find that you have a pre-existing condition. This could be enough for him to recommend that your employer deny your claim.

For example, let’s say you fall at work and hurt your back. You let your employer know and he sends you out for medical treatment. He also submits your workers’ comp claim to the insurance company.

When you see the doctor, he notices that you suffered a serious back injury three years before in a car accident. He believes that your current injuries are due to the car accident and not a work-related accident. He reports as much to your employer. As a result, they deny your claim.

What Can Your Columbus Workers’ Comp Attorney Do About a Pre-Existing Condition?

If your workers’ comp claim is denied for a pre-existing condition, your lawyer will file an appeal. He’ll argue that your prior injuries have nothing do with your current issues. He may be able to show that you were fully healed from your prior injury. He can submit medical documentation to prove this.

Or, your pre-existing condition may have nothing to do with your current injury. You may have been diagnosed with fibromyalgia a few years before. This doesn’t mean that you can’t suffer a back injury at work. Yes, it may take you longer to recover because of your underlying condition. But that doesn’t mean you should be denied benefits.

You could run into an issue if you failed to disclose this prior condition to your employer. Most employers don’t ask their employees if they have any medical issues. There are laws protecting you from these kinds of questions.

However, if you do certain types of work, it can be deemed relevant. For example, if you check off that you have no problem lifting up to fifty pounds, you better be able to do it. Otherwise, your employer can deny your claim. He can say that you were misleading during the hiring process.

Call and Schedule a Consultation with a Columbus Workers’ Compensation Lawyer

If you have a pre-existing condition and are denied workers’ comp, you need to call a Columbus workers’ compensation lawyer. There is too much at stake. If it’s not handled perfectly, your entire claim could be denied. You could find yourself out of work and out of money.

If this happens, your attorney can help you file for disability. You may qualify for short-term or long-term benefits. It depends on the nature and severity of your injuries.

Call and schedule a free initial consultation today. It costs you nothing and gives you a chance to discuss your case with an experienced attorney. He can even let you know what your case may be worth. He’ll deal with the insurance company so you don’t have to.

Let's get started with your FREE consultation.

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