Injury on the Job Lawyer – Bronx, NY

Workers’ compensation law is complex, nuanced and riddled with exceptions. Someone may receive compensation for a new claim involving a previous injury, while someone else’s claim could get denied in a similar situation. Speaking with an experienced Bronx, New York injury on the job lawyer from Polsky, Shouldice & Rosen, P.C. is one of the best ways to determine what you should do in the event that a previous injury or other pre-existing condition has been aggravated as a result of your job. An experienced Bronx, NY injury on the job lawyer can provide guidance that will allow you the best possible opportunity to receive workers’ compensation benefits and/or other compensation as a result of the harm you’ve suffered while “on the clock.”

Types of Pre-Existing Conditions

There are a few different types of pre-existing conditions, and the type you’re dealing with may play a role in whether you receive compensation or not. Consider the following:

1. An Injury Previously Covered by Workers’ Compensation – If you are already receiving compensation for an injury that happened during the course of your employment, and your previous injury got aggravated or otherwise worsened, you can file a claim with the assistance of a Bronx, NY injury on the job lawyer. More than likely, the compensation you’re already receiving will be adjusted to make up for the new complaint. You could go from a closed claim to permanent or even partial permanent coverage.
2. An Injury Not Related to a Prior Claim – If you have a prior workers’ compensation claim and your new injury is unrelated to that past request for benefits, you can file a claim. For example, you may have injured your shoulder lifting heavy boxes, receiving medical care and time off work that were covered by workers’ comp. Now that you’re back at work, maybe you were hit by a forklift, requiring surgery on your hip. The two incidents are completely unrelated and there shouldn’t be any type of adjustment; just a new case.
3. Unrelated Pre-Existing Injuries or Illnesses – You may have a pre-existing condition that is unrelated to your job in any way. Because of anti-discrimination laws, you can’t be denied a job because of your previous health issues. Perhaps you previously suffered from pneumonia, which lead to pleurisy. You could still have damage to your lungs because of the disease. If you work in an environment where you are exposed to toxic chemicals and your lungs begin to flare up again, there’s not generally a connection placed on the two injuries, and you can typically receive compensation. However, these cases can be particularly tricky. It is therefore important to speak with a Bronx, NY injury on the job lawyer about how to support this kind of claim in ways that give it the best chance of being approved.