If I have a ‘pre-existing’ condition and I reinjure it on the job, can I get workers’ compensation benefits?

Recently, the Ramos Law Firm was successful in winning a case with this same issue. It has been accepted by the State Board that an employee does not need be in “perfect health” but rather the employer “takes the employee as it finds him or her.”  Therefore, an aggravation of a pre-existing condition is compensable under the Georgia Workers’ Compensation Law.  It does not matter if the pre-existing condition was congenital, degenerative, or from another job.  If the “reinjury” arose out of and in the course of employment, then the injured worker would be entitled to medical care and potential income benefits as a result of the injury.  Also, if the injured worker’s employment aggravates or accelerates the employee’s pre-existing injury the employee is entitled to benefits under the Workers’ Compensation Act.  Or when the new work-related injury combined with the pre-existing disease or injury produce a greater disability, then the employee is entitled to benefits under the Workers’ Compensation Act. In our case, we were able to show the administrative law judge that the injured employee was able to work his regular duty job despite having his pre-existing condition.  It was only  after his fall at work, that he begin to have problems that limited his work duties and eventually led to his termination. If you’ve been injured on the job in Georgia, please contact us today to have your case...

Does a widow have a loss of consortium claim against the deceased worker’s employer?

An attorney who handles personal injury cases recently asked me whether a widow of a worker who died on the job would be entitled to bring an action for her “loss of consortium” in state or superior court?  Generally, a loss of consortium case arises when a spouse of an injured party is deprived of the affection, comfort, societal or conjugal due to a third party’s negligent or intentional misconduct. In this particular case, the widow of the deceased worker was not an employee of the Employer where her husband passed away.  The widow was already the beneficiary of the workers’ compensation dependency benefits.  However, she was seeking additional damages outside the workers’ compensation system. Unfortunately for the widow, the Georgia Courts have barred these actions for “loss of consortium” as they are derivative of the exclusiveness of the remedy under the Georgia Workers’ Compensation law.  For more information, please refer to the case of Stevenson v. Ray, 282 Ga. App. 652 (2006). If you are suffering from a work injury which occurred in the state of Georgia, please call us today at 404-355-3431 for a free evaluation of your...