Content reviewed by:
Alex Shulman
If your job aggravates an old back or neck injury to the point that you become disabled, you could qualify for workers’ compensation benefits in New York. The state’s workers’ comp department protects employees whose work-related duties aggravate a pre-existing condition.
You can discuss your eligibility for benefits and the steps you need to take after an old injury worsens with skilled New York workers’ compensation lawyers from the legal team at Shulman & Hill Injury Lawyers.
What Happens if Your Job Aggravates an Old Neck or Back Injury in New York?
If you have old neck or back injuries that have been aggravated due to the conditions of your current job, leaving you unable to work, you can file a workers’ compensation claim. State laws in New York mean you may qualify for benefits even if you have a preexisting condition.
In order to get benefits in this situation, you will need to prove that your condition was nondisabling and dormant until it was aggravated by your current employment duties. Generally, you need to show that a distinctive feature of your employment worsened the condition in such a manner as to leave you disabled.
An attorney from Shulman & Hill can assess your situation and help you determine if you qualify for benefits based on the facts surrounding your injuries or disability.
The Court Has a History of Finding in Favor of Injured Workers
The State of New York Supreme Court, Appellate Division, Third Judicial Department recently found in favor of a construction worker who became disabled after his current job aggravated past injuries, deciding that he qualified for workers’ comp benefits.
Steps to Take if Your Job Aggravates Old Back or Neck Injuries
If you become disabled because your current job worsens an old medical condition, make sure you take the following steps:
- Report the Injury: Do not wait to inform your employer about the severity of your condition. Technically, you have 30 days to notify your employer of a disabling condition, but it’s in your best interests to tell them as quickly as possible. Make sure you keep a copy of your report for your own records.
- Seek Medical Care: You need to get treatment from a medical professional as soon as you notice your back or neck condition worsening. Make sure you tell your doctor that your job caused the worsening of your condition. Follow all of your doctor’s orders and make sure you attend all scheduled medical appointments.
- Contact an Attorney for Help: You do not have to try to secure workers’ comp benefits on your own. A dedicated and professional lawyer can help you navigate the system and fight for the funds you need to cover your medical bills and other losses.
You can learn more about what to do when your work worsens past injuries by reaching out to the experienced team at Shulman & Hill.
Frequently Asked Questions About the Aggravation of Old Injuries at Work
The skilled attorneys at Shulman & Hill can answer your questions if your job aggravates an old neck or back injury. For example, you can reach out for answers to questions like:
What Benefits Can I Get if My Job Aggravates an Old Neck or Back Injury?
You may qualify for full workers’ comp benefits if your current job worsens an old injury. In this situation, the workers’ comp system may:
- Pay for your medical bills
- Cover a percentage of your average wages while you’re off work
- Pay for rehabilitation costs
The precise funds you qualify to receive will vary based on your situation and the severity of your current disability.
What Evidence Do I Need to Get Workers’ Comp Benefits After the Aggravation of an Old Injury?
In order to get workers’ comp benefits, you’ll need to provide evidence showing that you have a condition that prevents you from working. If your previous medical records indicate that your condition existed prior to your current job, you’ll need additional proof to show that your current career worsened the condition directly and led to the disability.
Your attorney may use your medical records and information about your current career when building your claim.
Can Workers’ Comp Deny My Claim if I Have a Prior Condition?
Insurance representatives will sometimes try to deny claims for workers with preexisting conditions. Your attorney will need to show proof that your job had a clear effect on your previous condition, worsening it to the point of disability, in order for you to get the benefits you deserve.
Talk to Us if Your Job Aggravates an Old Injury in New York
So, what if your job aggravates an old neck or back injury in New York? Depending on the severity of the aggravation, you could qualify for workers’ comp benefits in this situation.
Our team at Shulman & Hill can review your situation and determine if you qualify to file a claim for benefits. We have over 200 years of combined legal experience, and we’re ready to protect your rights as a worker.
