[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.sherrodandbernard.com\/blog\/can-you-get-workers-comp-for-a-pre-existing-injury\/#BlogPosting","mainEntityOfPage":"https:\/\/www.sherrodandbernard.com\/blog\/can-you-get-workers-comp-for-a-pre-existing-injury\/","headline":"Can You Get Workers\u2019 Comp for a Pre-Existing Injury in GA?","name":"Can You Get Workers\u2019 Comp for a Pre-Existing Injury in GA?","description":"If you get injured on the job in Georgia, one of the first things you should do is apply for workers\u2019 compensation benefits. However, if you have a pre-existing condition, you might be wondering whether you qualify. The answer is yes, with certain exceptions. Under Georgia law, you...","datePublished":"2020-04-28","dateModified":"2025-07-16","author":{"@type":"Person","@id":"https:\/\/www.sherrodandbernard.com\/blog\/author\/johnsherrod\/#Person","name":"John Sherrod","url":"https:\/\/www.sherrodandbernard.com\/blog\/author\/johnsherrod\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/63ed235ae61137a2e8dec557ea4cd48dee882e0dc0bbcf9da6642f47d925925d?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/63ed235ae61137a2e8dec557ea4cd48dee882e0dc0bbcf9da6642f47d925925d?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Sherrod & Bernard, P.C.","logo":{"@type":"ImageObject","@id":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/03\/SB-Logo-1.png","url":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/03\/SB-Logo-1.png","width":300,"height":109}},"image":{"@type":"ImageObject","@id":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2020\/04\/pre-existing-injury.jpg","url":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2020\/04\/pre-existing-injury.jpg","height":627,"width":1200},"url":"https:\/\/www.sherrodandbernard.com\/blog\/can-you-get-workers-comp-for-a-pre-existing-injury\/","about":["Workers' Compensation"],"wordCount":1060,"articleBody":"If you get injured on the job in Georgia, one of the first things you should do is apply for workers\u2019 compensation benefits. However, if you have a pre-existing condition, you might be wondering whether you qualify.The answer is yes, with certain exceptions. Under Georgia law, you are legally entitled to workers\u2019 comp benefits,\u00a0even if you have pre-existing conditions.\u00a0You just need to prove that your current job made your pre-existing injuries worse. Simply put, workers\u2019 comp will pay benefits for the\u00a0aggravation\u00a0of a pre-existing condition, but not for the condition itself.What Is a Pre-Existing Condition?In terms of workers\u2019 compensation, a pre-existing condition is any injury that you had prior to your current work-related injury. It can be an old injury that you sustained sometime in the past, either due to work or because of an\u00a0accident\u00a0not related to work. It can also be a health condition that you\u2019ve always had or one that you\u2019ve developed over the years.Some of the most common pre-existing conditions and injuries include:Herniated discsDegenerative disc diseaseBack and neck injuriesCarpal tunnelArthritisShoulder injuriesLeg and knee injuriesRotator cuff syndrome and tendon injuriesAsthmaCOPDSoft-tissue injuries and nerve damageWhat Does Workers\u2019 Compensation Cover?Workers\u2019 compensation is an insurance program provided by employers to their employees who are injured on the job.If your\u00a0workers\u2019 compensation claim\u00a0is approved, the benefits may cover the four following areas:Medical Care:\u00a0Benefits for medical care will cover any medical costs you\u2019ve incurred due to work-related injuries. This includes hospitalization, medication, doctor visits, testing, medical equipment, and other related medical expenses.Disability:\u00a0Your injuries might be so severe that you need to take time off work. In this case, workers\u2019 compensation disability benefits will kick in and replace part of your regular wages.Rehabilitation:\u00a0Many injured workers can\u2019t immediately resume work after getting treatment for their injuries. This is why workers\u2019 comp benefits cover the cost of vocational and psychological rehabilitation to get you back up and running.Death Benefits:\u00a0If your loved one sustained a fatal work injury, you can seek death benefits through workers\u2019 comp to cover the cost of funeral and burial expenses.Is Georgia Friendly to Pre-Existing Conditions for Workers\u2019 Compensation?Pre-existing conditions can definitely complicate your potential workers\u2019 comp claim, but it\u2019s not impossible to get one approved. Once you file a claim, the\u00a0State Board of Workers\u2019 Compensation\u00a0will determine how much your current work injury is related to any pre-existing you may have.There are three types of claims for those with pre-existing injuries:Pre-Existing Condition Related to Prior Claim:\u00a0If your current work injury is aggravating an old injury that you previously received workers\u2019 comp benefits for, your new claim may still be approved. However, you won\u2019t receive full benefits. In other words, your employer is only responsible for the\u00a0aggravation\u00a0of your injury, not for the injury itself.Pre-Existing Condition Not Related to Prior Claim:\u00a0If your current work injury is aggravating an old injury that you never filed a workers\u2019 comp claim for, then you can receive benefits. However, your workers\u2019 comp benefits will likely only compensate you for the degree of worsening.Unrelated Pre-Existing Condition:\u00a0You may have a pre-existing condition that is completely unrelated to your current work injury. In this case, you should receive the full amount of workers\u2019 comp benefits.You should always consult with an experienced workers\u2019 compensation attorney in Georgia about your rights if you have a pre-existing condition. For example, you may think that your current work injury is aggravating a pre-existing condition, but it may be a new injury entirely. An attorney can ensure you are pursuing the full benefits you deserve.What If I Was Unaware That I Had a Pre-Existing Condition?In some cases, injured workers aren\u2019t aware that they have a pre-existing condition, especially if it is asymptomatic. When filing a workers\u2019 comp claim, though, the unknown pre-existing condition will be treated the same as if you had known about it. Like other cases, the board will make a determination about whether your current work injury aggravated your pre-existing condition and, if so, to what extent. You will then be compensated accordingly.What\u2019s the Difference Between Covering the Aggravation and Covering the Pre-Existing Condition Itself?The difference is in the amount of benefits you receive. For example, let\u2019s say you developed carpal tunnel due to a previous work injury. After initially sustaining that injury, you applied for a workers\u2019 compensation claim and received benefits.Then a few years later, you sustained an injury at work that aggravated your pre-existing carpal tunnel. If your new claim is approved, you will only be compensated toward the percentage of the injury that was\u00a0aggravated. As a result, the benefits will be less than what you received for your prior claim for the initial injury.Is There a Limit to the Amount of Money You Can Get for a Pre-Existing Condition Under Workers\u2019 Compensation Law?Since you\u2019ll be receiving benefits for only the\u00a0aggravation\u00a0of your pre-existing injury, once the aggravation resolves, your claim will no longer be compensable. Essentially, you\u2019ll stop receiving workers\u2019 compensation when your condition returns to how it was before you sustained your current work injury.How Can an Attorney Help Me?The process for claiming workers\u2019 compensation benefits when you have a pre-existing injury can be complex. To support your claim for work-related injuries, you\u2019ll need to gather the appropriate evidence. An experienced workers\u2019 compensation attorney from\u00a0Sherrod & Bernard, P.C., can gather all the evidence necessary and build a strong case for you.Here\u2019s another important thing to keep in mind: Even though workers\u2019 compensation exists to help workers, your employer\u2019s insurer might do everything it can to limit the amount it has to pay. For example, the insurance company may deny your claim and argue that your current symptoms are 100 percent related to your pre-existing condition. If that happens, our attorneys could help you file an appeal and fight for the financial support you\u2019re entitled to receive.If you\u2019ve been hurt or have become ill on the job, call our Douglasville workers\u2019 compensation attorneys or reach out to us online to schedule a free consultation."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.sherrodandbernard.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Can You Get Workers\u2019 Comp for a Pre-Existing Injury in GA?","item":"https:\/\/www.sherrodandbernard.com\/blog\/can-you-get-workers-comp-for-a-pre-existing-injury\/#breadcrumbitem"}]}]