Did you aggravate a prior condition on the job? You may be entitled to worker's compensation benefits
Workers’ compensation injuries are said to be compensable if they arise out of and in the course of employment. That means that the injury must not only happen on the job, it must be related to a job responsibility. However, just because your employer may deny your claim because it did not arise out of and in the course of employment, does not mean that it should be denied. Often employers don’t understand the law.
For example, if you told your boss that you once had back surgery, and reinjure your back on the job, your employer may deny it as it is an old injury. But the law allows for aggravation of a preexisting condition as being compensable. If you have hurt it before doesn’t mean that you can’t hurt it again, even if you never fully recovered.
The same can be said for an injury that occurs slowly over time. Often employers don’t understand that an accidental injury doesn’t have to happen all at once. If you have a job with cumulative trauma, the benefits are the same as if you bend over and feel a sudden pain.
The waters can be murky when navigating a workers’ compensation claim. Marietta attorney Kenneth R. Croy can help you understand the process. Are you interested in scheduling an initial consultation? Call us at (770) 422-0574.