Atlanta Aggravated Pre-Existing Conditions Attorney
Georgia’s Workers’ Compensation Law provides financial relief to injured employees, but it’s vital for all Georgia workers to understand how the workers’ compensation system works. The claims process is complex and injured employees must submit to medical screening to confirm the extent of their claimed injuries. Many possible issues can interfere with the claims process, and some factors can lead to delay or denial from the State Workers’ Compensation Board. Additionally, some factors could give an employer cause to dispute an employee’s workers’ compensation claim. Hiring an Atlanta aggravated pre-existing conditions lawyer is the best way to ensure you are doing everything possible to secure compensation.
Injured employees with pre-existing conditions face more challenges in the workers’ compensation process than other injured employees, and the right pre-existing conditions attorney can make a tremendous difference in the outcome of such a claim. The Atlanta aggravated pre-existing conditions lawyers at Cruz & Associates are here to help injured workers in Atlanta, even those who have pre-existing conditions that may or may not have any connection to their current injuries. Our brain injury attorneys have handled pre-existing injury cases including head injuries, aneurysms and more. Reach out to us today to schedule a free case evaluation. Our Atlanta pre-existing injuries lawyers will review your case and let you know which factors should and should not influence your workers’ compensation claim result.
How Pre-Existing Conditions May Interfere with Your Workers’ Compensation Claims
One of the most common reasons for dispute or denial of a claim is pre-existing conditions. If an employee has a pre-existing medical condition it can complicate the workers’ compensation process. This is especially true if the employee’s pre-existing condition is in any way related to the employee’s injury. For example, if an employee previously underwent a hip replacement procedure and suffers an injury to the hip and pelvis in a fall, the employee’s previous procedure may complicate the claims process.
Employees who suffer the same type of injury repeatedly may encounter problems with their workers’ compensation claims as well. For example, if an employee breaks his or her arm in a fall and claims workers’ compensation, only to fall again in a similar manner and break the same arm the next year, the State Workers’ Compensation Board may reduce the employee’s benefits for the second injury. It’s vital for employees to recognize the difference between an aggravated pre-existing condition and a new injury to the same body parts that previously suffered injury. This difference is important when it comes to filing for workers’ compensation benefits and may impact the workers’ benefit payment amount.
There are various different types of workplace injuries and if an employee suffers a permanent impairment from a work-related injury, he or she may qualify for a permanent impairment award. These awards aim to ease the financial burden of developing a permanent disability. In the event such a disability exists but does not interfere with the employee’s work, he or she may continue working. However, if the employee suffers another work-related injury later, resulting in another permanent impairment award, the second award will only be a partial award, totaling the amount the employee’s doctor determines the employee’s injury is worth. For example, if a doctor deems an injured employee eligible for up to $10,000 in permanent impairment benefits, but the employee already received $6,000 for a previous permanent impairment, the employee will only receive $4,000.
Deciding Your Best Options for Your Atlanta Aggravated Pre-Existing Conditions Claim
If a workplace injury aggravates a previous injury, the new workers’ compensation claim will likely result in lower benefit payments to account for the first injury. However, under the new claim, the employer is still obligated to pay for the injured employee’s medical treatment and temporary disability benefits. If the previous injury did not occur at work, then the workers’ compensation benefits will only account for the worsening caused by the work-related injury that aggravated the previous injury. Some pre-existing conditions will have little or no bearing on a workers’ compensation claim, and the employee must rely on his or her health insurance to manage these kinds of pre-existing conditions.
If you believe that you or a loved one have wronged by an employer because of a pre-existing condition, contact the Atlanta pre-existing conditions attorneys at Cruz & Associates to go over your case. Our team has over 25 years of experience helping injured workers get the compensation they deserve – let us help you!