Workers' Compensation For Pre-Existing Conditions
Representation For Injuries with Pre-Existing Conditions
Pre-existing conditions are covered under New York workers’ compensation and is an area that our law firm can help with. If your existing disability is made worse by working, then you are entitled to medical care and disability benefits as a result of it. And if a workplace accident aggravates a prior work-related injury, you are also still covered. So, do not be discouraged from reporting an accident or filing a worker's compensation claim if you have a pre-existing condition in fear you are wasting your time. Your injuries do fall under the umbrella of workers' compensation.
What Is a Pre-Existing Condition?
For starters, a pre-existing condition is any condition, whether it is an injury or an illness, that a workers’ compensation claimant suffered before his or her work-related injury occurred. Some of the most common pre-existing conditions that work injury attorneys see in workers’ compensation cases include:
- Degenerative disc disease
- Carpal tunnel syndrome
- Back injuries
- Neck injuries
- Knee injuries
In some cases, the claimant may not even be aware of their pre-existing condition before the work-related injury. So, in these cases, the work injury actually reveals an underlying condition. All of this can be diagnosed by a medical professional, but does not disqualify you from getting medical benefits.
Pre-Existing Conditions Under New York Workers’ Comp
The attorneys at our work injury law group have won benefits in contested cases involving a wide range of pre-existing conditions. Some examples include knee injuries, herniated discs, back strains, carpal tunnel syndrome, and arthritis.
When it comes to coverage for pre-existing conditions in the state of New York, you are covered by workers’ compensation in these scenarios:
- A prior work-related injury or ailment flares up on the job. Our law office can help prove that this new injury is related to your current employment. And that you would still be working if not for the current work accident or aggravating circumstances.
- You have a disability or ailment, like a bad back, and have previously received a settlement or are currently receiving treatment or wage benefits. If the condition is made worse by a workplace accident or the rigors of your current job, then you cannot be denied medical coverage or additional benefits as a result.
Our law office will fight for the maximum benefits allowable. In other words, we will be on your side to ensure that you get the percentage of your rated disability that your current employer is responsible for.
A Pre-Existing Condition Does Not Necessarily Defeat a Workers’ Compensation Claim
When it comes to pre-existing injuries and workers' compensation claims, there are some certain gray areas. The extent to which a pre-existing condition affects a claim depends on how closely the two injuries are related. If you have a pre-exisiting condition that is unrelated to the current work injury, then it will have little to no impact on the claim.
An example of this scenario is this: ou may have an old knee injury that causes pain, but does not prevent you from fulfilling your day-to-day duties. Then one day you fall and break your arm. The knee injury will have little impact on the workers' compensation claim, since it is unrelated to the current work injury.
However, things can get messy when the new injury relates to an old injury. For example, if you have a herniated disc and you throw out your back. The new injury may be more severe as a result of this pre-existing injury. You are still entitled to workers' compensation for the new injury, but the insurance company may fight harder to deny the claim and/or make the application process more difficult.
Either way, our law firm is here to help with any of your workers' compensation claims. If you did have a claim denied, we can help you appeal it. Our work injury law office goes above and beyond for our clients.
What to Do if You Have a Pre-Existing Condition
So, if you have a pre-existing condition and suffer a work-related accident that results in an accident, there are a few steps you can take to ensure the process go smoothly.
Be Honest About It
It is never wise to lie or withhold information. Having a pre-existing condition is tricky, but in New York you are still entitled to benefits from a workplace accident. However, if you lie or conceal some truths, then that can be a blow to your case. If you are dishonest during the claims process, it can lead to charges of workers' compensation fraud. And you likely lose the ability to even apply.
During your medical examinations for the workers' comp application process, be as specific as possible about the pre-existing condition. Include details about your work. You want to paint a clear, comprehesive picture about your situation. If your pre-existing injury causes only minor discomfort, do not exaggerate. Go into detail as much as possible with your doctor, so they can determine exactly the extent with how your work injury aggravated your pre-existing condition
Lastly, be sure you are always consistent with your condition. Give the same description when asked, because inconsistencies may arise suspicions and potentially reduce the payout for the workers' compensation payout. Or lead to a full denial of the claim.
We Will Fight For Your Workers' Comp!
When it comes to work injuries with pre-existing condition claims, they often involve technicalities in the statute and are often resisted by employers. Especially if they would have to cover a surgical procedure or pay for lengthy disability. Our Long Island work injury attorneys have the knowledge of the laws and legal precedents coupled with the right experience to assert the claimants’ rights in these complex workers' compensation cases. There are many commonly reported injuries that lead to workers' compensation claims. They do not all need to be severe, either. Any sort of injury that limits your ability to work can get you benefits.
So please, do not hesitate to reach out today to learn more about our legal services. We have offices across Long Island. Give us a call at any one of these locations:
- Patchogue: 631-447-6500
- Riverhead: 631-208-9760
- Melville: 631-421-4725