Construction Injury Lawyer New York

Construction Injury Lawyer New York

Can I Get Work Comp if a Previous Injury Was Aggravated on My Current Job?

Any New York construction injury lawyer knows that insurance companies often attempt to deny workers’ compensation benefits by claiming that your injury was pre-existing, meaning it is an injury you sustained before you worked for your current company or outside the course of your duties. At Polsky, Shouldice & Rosen, P.C we know that the insurer may also claim that your injury is due to aging or illness unrelated to your work. However, in most states, you are eligible for benefits even if your current job aggravates a pre-existing condition. Consult a New York Construction Accident Lawyer before talking to the insurance company about your case.

Examples of Pre-Existing Conditions

Back injuries, damage to muscles or ligaments, arthritis, and similar injuries are common pre-existing conditions. Sometimes these injuries are from playing sports or car accidents, for example. Any adult who has reached working age has some normal wear and tear on the body, which makes it easy for insurance companies to deny these claims as pre-existing injuries wrongly. Employees may not resist that decision because they don’t know their rights. That’s why it’s so important to first seek advice from a construction injury lawyer New York residents recommend.

Pre-Existing Conditions From a Prior Work-Related Injury

If you were injured at work in the past and filed a workers’ compensation claim, and something in your current job has re-injured or aggravated the prior condition, you may be able to re-open your case rather than filing a new claim. However, this process is complicated, and errors can be costly. The insurance company will access your medical history related to the old injury to find grounds to deny your claim. A competent construction injury lawyer in New York can help you get the best results possible. The team at Polsky, Shouldice & Rosen, P.C. is ready to review the details of your case and offer solutions that protect you and your family.

Avoiding Denials Based on Pre-Existing Conditions

Insurance companies deny claims for many reasons, and you may not be able to prevent a denial of some form. However, here are a few things you can do to reduce the chances of that happening.

• If you are injured on the job, report it immediately and file your claim right away.
• Be honest about your pre-existing conditions. Failure to disclose them can be a basis for the insurance company to deny your claim.
• Don’t try to explain away your pain or other symptoms as something old or age-related.
• When you file your claim, include as much detail as possible about what happened and what you felt. If you see multiple providers, give the same explanation every time in the same level of detail.
• Be clear about how the new pain or symptoms differ from any prior injuries or conditions. This helps to establish that one injury is independent of the other.

Workers’ compensation procedures vary some by state, and the laws are complex. To protect your rights, contact Polsky, Shouldice & Rosen, P.C. today. Our knowledgeable and experienced New York construction injury lawyer is ready to assess your case.