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Will a Pre-Existing Injury Bar You from Collecting for a New Injury?

Queens |NYC| Brooklyn |Bronx Workers’ Compensation Attorneys

Let’s suppose that you hurt your neck in a work-related accident a couple years ago, or five years ago, and you successfully filed a workers’ compensation claim. You recovered from your injury and went back to work. Now you suffer another injury at work, also to your neck. Will your employer be able to successfully deny your claim, arguing that the injury was a pre-existing condition and that the injury was not caused by your employment?

The answer, as with most things, is that it depends. As a general rule, you are not precluded from filing a new claim for workers’ compensation based on an injury to the same part of your body, or even the same type of injury, that you suffered before. Much of what will determine whether you qualify for new benefits will depend on the impact the injury has had on you since you first suffered it. If, for example, you fully recovered and have not received any treatment for the injury for months or years, it’s probably not relevant to your current injury—a workers’ compensation judge would probably not conclude that your new injury was in any way caused by or an aggravation of your still existing prior injury.

If, however, you have been continually receiving treatment for the initial injury, it’s likely that some percentage of your current injury will be allocated to the prior injury, and your entitlement to new benefits may be reduced accordingly.

Effect of a Pre-Existing Condition on a New Workers’ Compensation Claim

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.

Pyrros & Serres LLP

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys


About The Author

Picture of Michael Serres, ESQ.

Michael Serres, ESQ.

Michael Serres, ESQ. is a reputed Workers’ Compensation Lawyer in Astoria, Queens, NY. He graduated from St. John’s University School of Law in 1989. Mr. Serres was admitted to practice law in New York State in 1990 and is admitted in the Federal District Courts for the Southern and the Eastern Districts of New York. He has served on the Board of Directors of the Workers’ Compensation Bar Association and is currently serving on the Board of Directors of the Queens County Bar Association.

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