Work injuries are unfortunate enough to deal with, but if they make a prior injury worse, the effects may be permanently debilitating. When it comes to filing for workers’ compensation benefits, employees who injure a body part they have been previously treated for may have a difficult time proving the new injury. However, with proper medical care and diligent pursuit, a re-injury or aggravation of a pre-existing condition may be covered by the employer’s workers’ compensation carrier. If a construction-related injury has reaggravated a pre-existing condition, consider speaking with an experienced Long Island, New York construction injury lawyer from Polsky, Shouldice & Rosen, P.C. as soon as you possibly can. Our legal team can help to ensure that your claim doesn’t get wrapped in red tape and rejected through no fault of your own.
What constitutes a pre-existing condition? How do insurance companies attempt to deny claims based on it? Explore the following information on what may help and hurt your workers’ compensation claim when you get injured on the job while you prepare for your consultation with a Long Island, NY construction injury lawyer.
Prior Workers’ Compensation Claim
Construction workers have physically demanding jobs, and at times, these jobs can result in injury. For example, a back strain or herniated disc is a common construction-related injury that is painful and can be difficult to resolve completely. If you suffered an injury at a previous job and collected workers’ compensation benefits, a new injury at work may qualify you to receive further workers’ compensation coverage. Even if the latest injury is years after the initial one, a carrier may have to provide treatment to try and get the new damage resolved within the parameters of the prior one. For instance, if the first injury left a person with 10% permanent disability, the new providers may try to get the person back to that benchmark. If not, a worsening of the condition may be noted. With that said, workers’ compensation providers are not always eager to cover aggravated pre-existing conditions. Working with an experienced Long Island, NY construction injury lawyer can help to ensure that your legitimate claim is not rejected because your injury isn’t “new.”
Personal Injuries and Future Claims
If in the above example, the back injury occurred over time or as the result of a non-job incident, there is a chance that a new aggravation of it at work may not be covered. Workers’ compensation companies may assert that the worker’s prior injury makes it impossible for a work claim as the resolution of the initial injury is unknown. When this determination is made, it is possible to appeal and ultimately receive workers’ compensation benefits for the new incident. However, it may take time to come to fruition.
When you aren’t sure how to proceed with a claim for a re-injury or aggravation of a pre-existing condition, a Long Island, NY construction injury lawyer may be able to help. Insurance companies do not necessarily want to pay out for an old injury, even if new damage was done and can be proven. Having experienced guidance and support on your side can help you to navigate such circumstances successfully.