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Pre-existing conditions and your workers' comp claim

If you find yourself hurt on the job, there may be workers' compensation available to assist you while you are out of work. These funds may be critical to relieving the financial burdens you face so you can focus on healing. 

Some workers may worry about employers denying their workers' compensation claims due to pre-existing conditions. Thankfully, in the state of Georgia, there are laws that govern such situations to provide a fair result for both parties.


How the state classifies the subject of a claim can weigh on the outcome of said claim. In short, a pre-existing condition in regards to a workers' compensation case is a medical condition that existed before the work-related injury. 


Georgia code 34-9 clearly details what classifies as workers' compensation, as well as who should administer it and guidelines for how to do so. In the code, it states workers' compensation may cover a pre-existing condition if the employee can show the aggravation of the condition was due to work-related activity. This does leave employees with a burden of proof, but if they successfully prove their case, the code states that workers' compensation can last as long as the condition causes a disability.

Not covered

There are certain cases where even if a work injury causes aggravation of a pre-existing condition, employees may not receive workers' compensation. Most commonly, this is due to the employee withholding information or lying about the pre-existing condition. This takes away the employer's opportunity to account for possible incidents, therefore she or he is not accountable.

As you can see, workers' compensation law in Georgia is quite in-depth and provides clear detail for both employees and companies. If you are considering filing a claim, take some time to review the regulations and gain a clear understanding of what they entail. This will allow you to make the best decisions for your particular situation.


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