Can You Still Get Work Comp If You Have an Old Injury?
Workers’ Compensation Lawyers in Brooklyn, the Bronx, Queens and throughout NYC
You’ve been hurt in an accident on the job and you can’t work. It’s an old injury, though, one that kept you from working six months or even a few years ago. Can your employer or the worker’s compensation insurance company deny your claim, arguing that you have already received workers’ compensation for this injury? Are you entitled to file a new work comp claim for an old injury and receive benefits again?
You Can File a New Workers’ Compensation Claim for an Old Injury
In New York, you can definitely file a second or subsequent workers’ compensation claim for a prior injury. However, the type of benefits you receive will depend on the nature of the new accident and whether or not it was related to or came about because of the prior injury.
For example, if you hurt your knee on the job three years ago, filed a work comp claim, received benefits for six months while you went through rehab, and subsequently returned to your job without limitations and with no need for further medical care, the prior injury should have no bearing on whether or not you can now file a claim for a new injury to the same knee.
If, on the other hand, you were still receiving treatment for a knee injury you sustained six months ago, there is a possibility that your new work injury may be “apportioned.” That means that your employer can seek to have some percentage of the new claim assigned to the old claim, lowering the benefits available for the new claim.
An experienced workers’ compensation attorney can look at your medical records and help you determine whether there is any relationship between the old injury and the new injury.
Experienced Queens |NYC | Brooklyn | Bronx Workers’ Compensation Attorneys
At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in the Bronx, Brooklyn, Queens and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.
To learn more about the full scope of our practice, see our practice area overview page or call our offices at 718-804-5406.