My back was bothering me before my work accident, but now it's really hurting. Can the employer deny benefits because of the pre-existing condition?

The aggravation of a pre-existing injury IS compensable under Georgia workers' compensation laws. As stated by the Georgia Supreme Court way back in 1940, "Fortunately for the employee, perfect health is not a prerequisite to the enjoyment of the benefits of this statute. There is no standard of health set up or provided in this statute." This rule has since been officially codified in Georgia law under O.C.G.A. ' 34-9-1(4).

Basically, every employer has to "take the employee as it finds him (or her)" and accept the fact that there may be a hidden or pre-existing health condition that could be aggravated by a work accident. Even if a "normal" person wouldn't have been injured by a certain accident, the employer is still responsible for paying medical and indemnity benefits for the injuries arising from the accident.

However, it is important to note that employers will often try to obtain an opinion from the ATP that the employee has "returned to pre-injury status" and that the "aggravation period" of the underlying injury has ended, which would then allow the employer to terminate benefits. In such a case, it is highly advised that the employee should consult with an attorney to defend against an untimely or unjust termination of benefits.

I was injured in my employer's parking lot as I was leaving work. Is this injury covered by workers' comp?

Most likely, yes. Typically, if you're injured in your employer's parking lot, whether you're coming to or leaving work, the injury is compensable under Georgia workers' comp. The language used to determine whether the injury is covered by workers' comp is "reasonable ingress/egress." That is, so long as the employee was was injured during a "reasonable" period of time while coming to or leaving work, it should be covered. The word "reasonable" obviously leaves some room for interpretation, so this is an issue that often gets disputed by employers. Another reason why an employer may controvert such an injury is if the parking lot itself is not under the control or maintenance of of employer. However, as stated above, this kind of injury is almost always compensable, so if your employer tries to deny benefits after you've been injured in their parking lot, you should immediately consult with an attorney to explore your options on how best to proceed.

Quick Definitions: "Catastrophic Injury"

Typically, a cap is placed on an injured worker's receipt of TTD benefits (unlike medical benefits, which are always the responsibility of the employer so long as it relates to the work injury). However, in the event of a "catastrophic injury," the 400 week cap is removed and the injured worker is entitled to TTD benefits for the rest of his or her life. Under Georgia law, there are 5 defined categories of catastrophic injuries--spinal cord, brain, serious burns, amputations, and blindness--and one "catch all" provision, which is factually specific and requires close examination of the true severity of the injury. In short, with regard to the "catch all" provision, if an injured worker is entitled to receive Social Security Disability benefits, he or she may (but not necessarily) be entitled to a "catastrophic" designation.