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Filing Claims When You Have Preexisting Conditions And Injuries

Applying for workers’ compensation can be a complex and intricate process, especially when an individual has 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 related expenses.

If you have recently suffered an injury that is connected to a preexisting 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 preexisting 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 preexisting 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:

  • The 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-and-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 Preexisting 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 condition 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!