If you are involved in a workplace accident, injuries that you sustain from the accident may be a headache to deal with on their own. If you have a pre-existing condition, however, it may become even more complicated. Many employers and insurance companies will try to use a pre-existing condition to deny compensation for a workers’ comp injury. You may wonder if a pre-existing condition will harm or preclude your worker’s compensation claim for an injury you sustained on the job. An experienced New York workers’ compensation attorney can help you obtain the recovery you are entitled to, even if you have a pre-existing condition.
A pre-existing condition, in the context of a worker’s compensation claim, is any condition or injury that existed before the workplace injury. For example, you may have had an injury from a car accident that happened several years before you were injured on the job. The injury from the car accident is a pre-existing condition.
A workplace accident may aggravate or worsen an existing condition or injury. In cases like this, many insurance companies will attempt to point to the pre-existing condition as the cause of pain or injury rather than the workplace accident.
Many people assume that they cannot succeed on a workers’ comp claim because of their pre-existing condition. This is not the case, and rest assured your claim for workers’ compensation is not doomed because of a pre-existing injury or condition.
Workers’ compensation benefits are benefits paid to employees who have been injured in a workplace accident. These benefits are typically paid out by insurance companies, and these workers’ compensation insurance companies will look for any reason to deny coverage, including pre-existing conditions.
The law in New York does not make a pre-existing condition a bar to a workers’ comp claim. Instead, if the workplace accident aggravates or worsens an existing condition, the employee is typically still entitled to coverage for any lost wages or medical expenses.
Although the law allows for employees to recover for a pre-existing injury or condition that is worsened or aggravated by a workplace injury, insurance companies are skilled at finding ways to deny a claim. There are a few ways that insurance companies can still attempt to deny a claim because of a pre-existing injury.
If you have been injured on the job and a pre-existing condition has been worsened from the injury, there are a few things you can do to ensure the best results possible for your case.
Don’t rely on insurance companies without doing your research. A good workers compensation attorney in New York can interpret the laws to your benefit, and make sure your case is as successful as possible. If you have been injured in a workplace injury, don’t let an insurance company deny you for a pre-existing condition. An experienced workers’ comp attorney can walk you through the process, and make sure you get the right treatment and benefits that you are entitled to.
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