You Do Not Have To Be In Perfect Health To Recover Benefits
Not everyone is in perfect health. You may have suffered a back injury in the past or may struggle with pain already. You can still become injured in a work accident; you may still be eligible for workers’ compensation benefits. Proving an aggravation or exacerbation claim is not easy, which is why you need an experienced workers’ compensation lawyer on your side.
Workers’ compensation is all we do at The Law Office of Bryan S. Hawkins. Our attorneys have devoted our entire practice to workers’ compensation. We proudly represent the hardworking men and women throughout Georgia. We will utilize our talents to help you obtain the benefits that you deserve while treating you with respect and compassion.
What You Should Know If You Have A Pre-Existing Condition
When a workers’ comp claim involves a pre-existing injury being aggravated or a chronic condition being exacerbated, the insurance companies often deny the claim outright and hotly contest it on appeal. There are a few things you should know about pre-existing condition claims:
- Aggravation is compensable: You do not have to be in perfect health to be compensated. If aggravation occurs in the course of employment, it is compensable.
- Idiopathic injuries are still compensable: An injury, like a heavy lifting injury, could result from lifting a box at home or at work. If the event that caused the aggravation occurred at work, it is compensable even if the injury could have occurred at home.
- It can be congenital: Were you born with the pre-existing condition? It is still compensable if a work activity aggravated the injury or exacerbated the symptoms.
- Employer not notified? You can still recover compensation even if your employer is unaware of the pre-existing condition, unless you fraudulently misrepresented it in the hiring process. This exception is limited and the burden of proof is on your employer. You do need to notify your employer of the aggravating incident itself.
Have Questions? We Will Answer Them In A Free Initial Consultation.
We understand that workers’ compensation can be very confusing; it is for those who do not focus on these cases. We welcome your questions and always make careful case-by-case determinations.