Workers’ Compensation Benefits with Pre-Existing Injuries in New York City
No matter how safe a workplace may be, no matter how thoroughly it complies with OSHA safety regulations, injuries can and do happen on the job. Sometimes the cause is a sudden accident like a slip-and-fall episode in an unsafe area, while in other cases a worker may suffer a repetitive stress injury that gradually worsens over an extended period of time.
However it happens, financial help is available to injured employees in the form of workers’ compensation benefits. Approval of a workers’ compensation claim is not automatic, though. If the injured worker has a pre-existing injury, then it is possible that the claim will be denied. That’s why you need an accident lawyer who understands the various factors involved with pre-existing injuries and how to maximize your workers’ comp benefits. The Dearie Law Firm, P.C., is the New York legal resource you need for your pre-existing injury case.
How Pre-Existing Injuries Affect Workers’ Compensation Claims
The Workers’ Compensation Board handles these types of claims in the state of New York. Even if there is no dispute that an on-the-job accident occurred as described by the injured worker, the existence of a pre-existing injury can complicate the workers’ compensation claims process. Often, the insurance company responsible for paying out workers’ compensation will argue that the employee’s injuries existed prior to the incident. If they are successful in pressing this argument, then the claim may be denied.
For example, let’s say a worker was injured in a car accident several years prior to the incident that led to the workers’ compensation claim. The accident injured the worker’s leg, which meant he spent a few weeks hobbling around the workplace on crutches before making a recovery. A few years later, the worker reinjured his leg while lifting equipment on the job site. The damage resulted from the lifting incident—but the worker’s known history of leg problems gives the insurance company an excuse to argue that their old injury just happened to flare up again. Our workers’ compensation and personal injury lawyers in New York know how to counter these tactics and help you collect on your claim.
Cases involving repetitive stress injuries—such as carpal tunnel syndrome—are also subject to these maneuvers, which can be especially effective because there is no single on-the-job accident that can be pointed to as a cause of the injury. Again, our workers’ compensation lawyers can help you counter these arguments.
Contact a Pre-Existing Injury Lawyer in New York City Today
To qualify for workers’ compensation benefits¸ you must file the appropriate paperwork within two years of the incident in question. If you are injured, you should notify your employer as soon as possible and begin the filing process without delay. Our workers’ compensation attorneys are here to help you with your claim and guide you through the process of collecting the money you are owed. Has your claim already been denied? You need to contact our accident lawyers immediately. We have two law offices, in Manhattan and the Bronx, and we are available 24/7 to take your call at 1-800-2-Dearie (1-800-233-2743).