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Tag: Brooklyn Workers’ Compensation Attorneys

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?

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Queens |NYC| Brooklyn |Bronx Workers’ Compensation Attorneys

Third Party Claims for Work-Related Injuries

You’ve been hurt on the job. Maybe you were in a car accident while performing the duties of your employment. Maybe you slipped and fell, or were hurt when a machine or tool malfunctioned. Your first course of action will likely be to file a workers’ compensation claim. Under New York law, when you’ve been hurt on the job, you have a right to seek benefits through such a claim.
But is that your only recourse to recover compensation? Not necessarily.

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Do You Know What Workers’ Compensation Benefits Will Cover?

Knowing What Workers’ Compensation Will Cover

Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

When you suffer a serious injury on the job, such as a broken bone, torn ligament or herniated disc, you can be pretty certain that any losses associated with that injury will be covered by a workers’ compensation claim. But what about seemingly minor injuries? What if you crack a tooth in a slip and fall on the job? What if a work-related mishap causes you permanent scarring or disfigurement?

The answer is that workers’ compensation is responsible to pay for all types of losses, provided the loss was sustained in a job-related accident or incident. Here’s the important caveat, though—you must have all necessary medical records and documentation to support your claim:

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Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

Beware of Insurance Company Investigators!

When you file for workers’ compensation, it’s not unusual for the workers’ compensation insurance company to send out a private investigator to videotape you without your knowledge. They’ll try to show you doing things that you shouldn’t be able to do with the injury you are claiming, including working on other jobs. It’s not uncommon for these investigators to confront you, ask you questions on camera and try to make it look like your claim is fraudulent.

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Queens |NYC| Brooklyn |Bronx Workers’ Compensation Attorneys

Don’t Give Up a Claim Just Because It Doesn’t Appear to Be Work-Related

One of the requirements for filing for and obtaining workers’ compensation benefits is that you must show that the injury was caused by something on the job. When you are injured in a traumatic accident—a machine breaks down or you slip and fall on a wet floor—it’s pretty easy to show that the injury is work-related. But what if you have a back injury that’s developed over time? What if you have a stroke or heart attack caused, at least in part, by stress from your job? In those types of cases, it can be extremely difficult to establish the necessary causal link, but our attorneys have the skill, experience and fight to do so. Here’s an example.

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