New York Worker Compensation for Pre-existing Conditions
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Compiling Workers' Compensation in New York with Pre-Existing Conditions
Gabriel Legal Injury Lawyers frequently receives inquiries from injured workers in New York State who have been denied workers’ compensation due to a pre-existing condition. It is a common excuse used by some insurance companies to deny benefits to injured employees. However, it is important for all injured workers to know that having a pre-existing condition does not disqualify them from receiving workers’ compensation benefits.
Understanding How Workers’ Compensation Treats Pre-Existing Conditions
You can still seek workers’ compensation benefits if your work conditions or a work-related accident have aggravated a pre-existing condition.
For example, let’s say you previously injured your back in a car accident and received treatment that led to recovery. However, you then start a job at a warehouse where heavy lifting is required. If your pre-existing condition is aggravated due to the physical demands of lifting heavy boxes at work, you may still be eligible for workers’ compensation benefits, even though you had a back injury in the past.
For a complimentary legal consultation with a pre-existing conditions lawyer in New York City, please call (212) 463-8888.
Instances When a Pre-Existing Condition Might Impact Workers’ Compensation Eligibility
There are situations where a pre-existing condition can affect your ability to receive workers’ compensation benefits. Suppose your employer inquired about any previous injuries during the hiring process. If you truthfully disclosed your prior back injury, you may still be entitled to workers’ compensation benefits.
However, if you intentionally misrepresented your previous injury by stating that you have not had any previous back injuries, your claim may be denied by the employer. That is why it is crucial to be honest if a potential employer asks about any pre-existing conditions during the hiring process, as advised by a workers’ compensation attorney in New York City.
New York Worker Compensation Practice Areas
Examples of Pre-Existing Conditions
Dealing with a pre-existing condition can be challenging, especially when the pain lingers or worsens. If your job duties or a workplace accident aggravate or re-injure your pre-existing condition, you may be eligible for workers’ compensation benefits. Common examples of pre-existing conditions that can be aggravated or re-injured at work include:
- Back injuries
- Degenerative disc disease
- Arthritis
- Joint injuries
- Old sports injuries Furthermore, if a pre-existing condition leads to a workplace injury, workers’ compensation claims based on these conditions cannot be arbitrarily denied. Examples of pre-existing conditions that could cause workplace injuries are:
- A worker with epilepsy experiencing a seizure while at work, resulting in injuries covered by workers’ compensation insurance.
- A worker with diabetes or another health condition that could lead to serious harm if triggered by job-related factors such as overheating, dehydration, or low blood sugar. Injuries resulting from a pre-existing condition triggered by work-related factors can make a worker eligible for workers’ compensation benefits.
When evaluating your damages, your personal injury attorney will consider the following factors to determine a fair settlement:
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Financial Losses
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Personal Losses
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Punitive Damages
Our ultimate goal is to secure a settlement or verdict that enhances your quality of life and provides for future treatment. Therefore, we will diligently pursue the maximum appropriate compensation through negotiations or trial.
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Managing Workers' Compensation and Pre-Existing Conditions
Ensuring proper handling of pre-existing conditions is crucial when dealing with workers’ compensation claims. It is essential to inform doctors and medical professionals about both old and new injuries during treatment to avoid claim denials. Having a New York City workers’ compensation attorney by your side throughout the claim process can provide valuable representation.
A pre-existing condition is considered relevant in a workers’ compensation case as long as it continues to be affected by the new injury. If the new injury no longer aggravates the pre-existing condition, it will not be covered as part of the workers’ compensation claim. The medical examinations and reports play a vital role in determining the eligibility of an injury for claim coverage.
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Instances When Workers' Compensation Claims Can be Denied Due to Pre-Existing Conditions
Certain circumstances can lead to the denial of a worker’s workers’ compensation claim based on a pre-existing condition. However, these denials typically relate to the worker’s actions rather than the employer. For example, if a worker intentionally conceals or misrepresents a pre-existing condition when asked by the employer about injuries or conditions, any subsequent workers’ compensation claim related to the undisclosed pre-existing condition may be denied.
Similarly, if a worker disregards their doctor’s orders and sustains an injury while on the job, they may also be deemed ineligible for workers’ compensation benefits. If a doctor advises the worker to avoid work or refrain from putting stress on a specific body part due to an existing injury, and the worker fails to comply and gets injured at work, their claim may be denied. Workers must follow their doctor’s instructions.
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At Gabriel Legal Injury Lawyers, we understand the importance of immediate action and prioritizing your needs. Our team of experienced lawyers is committed to tirelessly advocating for your rights and will not give up until your case is settled. When you choose our firm, you can rest assured knowing that we have your best interests at heart.
After experiencing a workplace accident, it’s essential to have the guidance and support of skilled New York City lawyers. We are here to help you navigate the legal process and ensure you receive the compensation you are entitled to. Your focus should be on your recovery while we handle the legal complexities on your behalf. Don’t hesitate to reach out to us today; the sooner we begin working on your case, the better.
Trust Gabriel Legal Injury Lawyers to fight for your rights and provide the assistance you need during this challenging time. Let us take care of securing your rightful compensation, allowing you to move forward with confidence and peace of mind. Contact us now to schedule a consultation.
Determining Liability in an New York Personal Injury Claim
Identifying all potential defendants who may be liable for a personal injury requires a thorough investigation. If someone else failed to exercise due care, they can be held responsible for the resulting injuries.
It’s essential to recognize that the person directly responsible for the accident may not be the sole party held liable. For instance, in a drunk driving auto accident, not only the intoxicated driver but also the individual who served alcohol to the visibly intoxicated person could be held responsible.
By carefully assessing the circumstances, an experienced personal injury attorney can determine the parties who may be held accountable in your specific case.
The sooner you contact a personal injury attorney in New York City after an accident, the easier it will be to collect evidence.Having a clear understanding of the negligence laws in your state is crucial when pursuing a personal injury claim. Your attorney will play a crucial role in proving fault in your case. While some states follow “no-fault” laws, it’s important to note that New York does not fall into this category.
It’s important to understand that even if you bear some responsibility for the accident, you may still be eligible for compensation. It’s important to note that New York follows a pure comparative negligence rule, which means that even if a plaintiff is deemed to be more than 50% at fault, they can still recover damages. The amount of compensation they receive will be reduced by their assigned percentage of fault.
Overview of the Personal Injury Lawsuit Process
It’s natural to have concerns about what to expect during the claims process, but rest assured, our experienced lawyers are here to guide you. Here is an outline of the stages you can anticipate:
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Initial Consultation
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Case Investigation
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Filing Court Documents
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The Discovery Process
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Pre-Trial Litigation and Motions
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Trial
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Gabriel Legal Injury Lawyers specializes in personal injury cases, handling even the most complex matters. Our legal team is well-versed in the laws and knows how to pursue the compensation you deserve.
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Contact us today for a free consultation and let us assist you in moving forward after this challenging time.