Aggravation of Pre-Existing Condition

aggravation-of-pre-existing-conditionFrequently, a new client tells me he recently got injured on the job, but he had problems in the past to the same body part that he recently re-injured.  The next question becomes, “Is an aggravation of pre-existing condition covered under workers compensation?”  In most instances, the answer is yes.  In fact, aggravations of pre-existing conditions are quite common.  If you have ever hurt a body part in the past, it is more likely that you will re-injure that same body part again, especially if you perform heavy labor.  The good news is that you are most likely covered, and the employer must pay income benefits and medical bills associated with your accident.

The definition of “injury” under Georgia workers compensation law specifically includes the aggravation of a pre-existing condition.  Your employer must pay for an aggravation of a pre-existing condition under workers compensation but only for so long as the aggravation continues to be the cause of your disability.  If you reach your baseline condition where you were before the work injury occurred, the aggravation is no longer covered and income and medical benefits stop at that time.

Questions may arise regarding whether or not your injury is a new accident or an aggravation of a pre-existing condition.  Questions may also arise regarding if and when you return to your baseline, pre-aggravation physical condition.  The answers to those questions can be complicated and usually require a skilled workers compensation attorney.

If you have additional questions about whether or not your pre-existing condition is covered under workers compensation, please call The Pope Law Firm at 770-786-1095, email us at info@gregpopelaw.com or visit our website at www.gregpopelaw.com.

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