Filing Claims with Pre-Existing Conditions & Injuries
Have questions? Call our New York workers' comp attorneys!
Applying for workers' compensation can be a complex and intricate process, especially when an individual
had had previous
injuries or conditions that are seemingly related to the current issue. Katz, Leidman, Freund
& Herman, we know how stressful and confusing this time can be. While
your main focus may be to simply recovery from your injury, our main focus
is to ensure that clients get the compensation they need to cover their
If you have recently suffered an injury that is connected to a pre-existing
condition, you will need to work with a skilled New York workers'
compensation lawyer who knows how to handle such cases. Our team can use
our more than 50 years of experience to ensure you get the fair reimbursement
and support you need to cover your injury expenses.
Tell us about your pre-existing condition and new claim in a
free case evaluation!
"Can I still file a workers' comp claim?"
In order to get compensation for an injury that is connected with a pre-existing
issue, you will need to be able to prove that your current condition is
related to your current work duties. While your employer may try to show
that your previous condition is causing your medical issues, our legal
team can step in to advocate for the fair workers' comp you deserve.
Still, your employer will likely be required to cover the following:
- Doctor or hospital bills
- Medications and medical devices
- Surgical procedure or treatment costs
- Lost wages or time away from work
- Therapy or rehabilitation
You will need to report any accident or condition that caused the injury
or illness to ensure it is properly documented. For example, if you previously
injured your knee in a slip in fall accident and re-injured that same
knee in a work-related car accident, you will need to report that
accident right away so that you can later prove it is the cause of the new damages.
Special Considerations for Pre-Existing Injuries
If you simply re-aggravate an old injury or condition, you may not be eligible
to obtain the same amount of workers' compensation as you would for
a new injury. Why? Your employer can't be held accountable for your
former condition, but only the extent that your conditioned worsened.
That is why you need to take extra care when working with an attorney
to craft your claim.
Make sure you do the following when you meet with your doctor:
- Inform them of any previous injuries to the area or body part
- Provide them with medical reports and records regarding former treatment/assessment
- Gather any documentation possible related to a former workers' comp claim
- Have your doctor evaluate whether it is a new condition or continuation
of a former one
- Alert your employer of the injury as soon as possible
If you have suffered an injury that you believe may be related to a previous
condition or injury, make sure you get seasoned counsel behind your case.
The New York workers' comp attorneys at Katz, Leidman, Freund &
Herman are ready to represent you during this time.
Call our firm today!