Suppose a worker has prior knee problems but then re-injures or aggravates the knee while on the job.  Would this injury be accepted under workers’ compensation?

Yes, provided that the aggravation or reinjury was the result of the employee’s work duties or responsibilities.  While the Employer/Insurer may have a few legal defenses against this claim in certain circumstances, the claim is actionable at first glance.

If the claim is accepted, the employee would be entitled to medical benefits including physician visits, specialist evaluations, physical therapy, prescription medication, durable medical equipment, and mileage reimbursement to and from his or her sessions.  There would be no co-payment for this treatment.

If the claim is bad enough to miss work, the employee may be entitled to weekly income benefits.  The dollar amount of these benefits (also known as the “comp rate”) would depend on the employee’s average weekly wage.  Unfortunately, the comp rate is limited based on the date of injury.

The Ramos Law Firm represents clients with workers’ compensation legal concerns in the Atlanta metro area and throughout Georgia, including Marietta, Decatur, Douglasville, Lithonia, Lawrenceville, Smyrna, Stone Mountain, Norcross, Riverdale and Jonesboro.

If you would like a free consultation regarding your workers’ compensation injury, please contact our firm.