Under worker’s compensation in Winder and Georgia in general, there is no exclusion for a pre-existing condition. The law for Georgia worker’s compensation states that an employer takes an employee as they find them. As such, if a work injury aggravates or combines with a pre-existing condition to render someone disabled, their claim should be covered by their employer’s insurance policy.
Sadly, pre-existing conditions in Winder worker’s compensation claims are often wrongly denied. If you are seeking benefits for a prior condition that was worsened by a work accident, contact a dedicated attorney at Smith Hulsey for help with your claim.
If a worker has a pre-existing condition that was aggravated or exacerbated by an on-the-job accident, the employer should be responsible for their medical treatment and any available income benefits. However, these claims are often wrongly denied based on the assumption that pre-existing conditions are barred by workers’ comp. A skilled lawyer could help contest this denial, as employers and insurance companies rarely have valid defenses based on pre-existing conditions.
In many worker’s comp cases, an insurance company will try to get prior medical records for an injured claimant. If they see any previous medical treatments, the insurance company may try to blame the claimant’s current injury on their prior condition. Essentially, insurers will often try to blame a pre-existing condition for a worker’s current disability.
However, this is an invalid defense that an experienced lawyer at our Winder office could fight back against. Additionally, the local courts are generally sympathetic to workers with pre-existing conditions that were aggravated by their job duties. Often, if a workplace accident worsened or reignited a previous injury, the court will order the employer or insurer to provide medical treatment for the aggravation.
When claiming worker’s comp for a prior injury, it is crucial to note the exact pre-existing condition that the employee was suffering from. A lawyer in the area could help gather records of the claimant’s history with that problem and obtain valid medical opinions as to how the condition was aggravated. This is key in establishing which aspects of the injury were pre-existing and which parts were aggravated by the person’s job duties.
At Smith Hulsey, our lawyers work to get the full picture of a person’s medical history by gathering past records and obtaining independent medical evaluations. Our attorneys are skilled at applying the relevant worker’s compensation laws and standing up to employers and insurers that believe they can deny a case based on a pre-existing condition. If necessary, one of our local attorneys could file a hearing request on behalf of an injured worker to bring their case before a judge.
Our legal team has vast experienced litigating these issues and advocating on behalf of injured employees. Using medical opinions and legal knowledge, our lawyers could build a strong case to show that a person suffered aggravation to their condition and is entitled to benefits. To learn more about pre-existing conditions in Winder worker’s compensation claims, give us a call today for a free consultation.
Smith Hulsey Law