Yes. New York State workers’ compensation covers preexisting injuries aggravated in an on-the-job accident or during the course and scope of employment. However, these types of workers’ compensation claims can be complex and challenging to win. They’re often hotly contested by employers and their insurers, who usually prefer to avoid paying out benefits whenever possible. As a result, you’ll need an experienced workers’ compensation attorney to ensure you receive the maximum benefits you’re owed.
In order to collect benefits in a workers’ compensation case involving the aggravation or worsening of a preexisting condition, you’ll have to show that the current injury occurred in the workplace or was caused by a job-related activity. You’ll also need to demonstrate the relationship between the current injury and your preexisting condition. If you and your attorney can prove that a workplace accident or task caused your preexisting condition to again require treatment, you may be entitled to workers’ compensation benefits for medical care and lost wages.
Unfortunately, if you can’t establish a connection between a work-related incident and the flare-up of a medical condition, it can be difficult—if not impossible—to obtain benefits. That’s because employers and their workers’ compensation insurers want to make sure that the new harm to the existing injury was actually caused by something that happened at work (or in the course of employment), rather than by a condition’s natural progression, or something that occurred while the employee was off the clock and not engaged in work-related duties.
Sound complicated? It can be. Fortunately, we can help.
Preexisting condition workers’ compensation claims involve complex legal statutes—and you need a seasoned attorney to interpret those laws to your advantage. That’s just what we do here at O’Connor Law PLLC. To discuss your case with a member of our accomplished legal team, contact us to schedule an appointment for a free initial consultation.