Content reviewed by:
Alex Shulman
A preexisting injury can qualify for workers’ compensation if a workplace accident or your job duties aggravate, accelerate, or worsen your condition. However, if you have a preexisting injury, your employer’s insurer may argue that this injury is unrelated to your work or was not significantly affected by it. Because of this, they could deny your workers’ comp claim.
Of course, if your workers’ comp claim for your preexisting injury is approved, you could receive money for your medical treatments, lost wages, and other benefits that could help you while you recover.
Talk with a New York City workers’ compensation lawyer if you’re dealing with a preexisting injury that may have worsened due to your work.
Based on the situation, your attorney can advise you on whether to file a workers’ compensation claim. Or, if your workers’ comp claim for your preexisting condition was denied, your lawyer may appeal on your behalf.
When Can a Preexisting Injury Still Qualify for Workers’ Compensation Benefits?
To qualify for workers’ compensation benefits for a preexisting injury, you generally must show that your work activities were a contributing factor in worsening your condition.
Below are some of the scenarios where you may be entitled to workers’ comp benefits for a preexisting injury:
- A workplace accident or tasks aggravated your injury.
- Continuous or repetitive work activities aggravated a condition that was dormant or stable.
- You were involved in an accident at work that caused a new injury to the same part of the body that was previously injured.
Seek legal help if you’re unsure about how workers’ compensation works in New York City and if you may be eligible for workers’ comp benefits for preexisting injuries.
Workers’ compensation attorneys can evaluate the specifics of your case. They may find that you have a valid basis for a workers’ comp claim relating to one or more preexisting conditions.
Factors That Can Determine if Your Preexisting Injuries Qualify for Workers’ Compensation
If you’re debating whether to pursue workers’ compensation benefits for preexisting injuries, it can be beneficial to consult with a workers’ comp lawyer who has earned dozens of positive testimonials from clients who have been in situations like yours.
Your attorney may account for various factors to determine if you may be eligible for workers’ comp benefits, such as:
- Medical evidence: You may need medical documentation that shows a distinct change in your condition.
- Timeline of injury symptoms: With this timeline, you can highlight how your injury symptoms worsened in the aftermath of a workplace accident or work-related activities or tasks.
- Physician testimony: Your physician may be willing to attest to your preexisting injury worsening due to your work. Their testimony could strengthen your claim, although your employer’s insurance company may still try to challenge it.
- Injury disclosure: Being upfront and honest with doctors and your employer about your preexisting injury is key. Otherwise, if you try to hide information about your injury or are dishonest about it, you may hurt your chances of getting your claim approved.
Have workers’ compensation attorneys guide you through the claims process. Your lawyer can help you file your workers’ compensation claim and submit relevant evidence to support it. If, for any reason, your claim is denied, your attorney may assist you with your appeal.
Steps to Request Workers’ Compensation Benefits for a Preexisting Injury
In New York, you typically have 30 days to notify your employer in writing about a workplace injury and two years from the date you were injured to file a formal claim with the Workers’ Compensation Board (WCB).
Here are the steps to request workers’ compensation benefits for a preexisting injury:
- Report your injury to your employer immediately. Notify your employer if your preexisting injury may have gotten worse as a result of your work activities or if you may have suffered a work injury to a part of the body that was previously injured. If you do not inform your employer promptly, you could lose your right to request workers’ comp benefits.
- Receive medical attention. Explain how your work activities worsened your condition or caused new pain.
- Collect evidence. Gather proof that illustrates the status of your injury before your work incident and how it has worsened since that time.
- File your claim with the WCB. Expect the WCB to assign a case number to your claim and your employer’s insurer to respond or begin taking action within a set time frame (often around 18 days, depending on the circumstances).
Workers’ compensation lawyers can provide insights into the time it may take to receive a decision on your claim. They can also describe how long your New York workers’ comp may last.
Learn More About Whether Your Preexisting Injury May Still Qualify for Workers’ Comp
There are instances in which preexisting injuries qualify for workers’ compensation benefits in New York. Yet, in these instances, insurance companies may commit time and resources to dispute workers’ comp requests.
Shulman & Hill is New York’s premier law firm. Our legal team has over 200 years of combined experience. We will use what we know to help you pursue approval of your workers’ compensation claim for your preexisting injuries.
We offer caring and aggressive legal representation in workers’ compensation cases. Contact us today for more information.
