Can I Get Workers’ Compensation Benefits for Aggravation of a Pre-Existing Injury?
When you have sustained an injury in a work-related accident, you typically have a right to seek benefits through the New York workers’ compensation system. But what if you had a pre-existing injury that was aggravated or re-injured in the accident? Are you still eligible for benefits?
The simple answer to this question is yes—New York’s workers’ compensation laws do not prohibit you from seeking benefits in a new claim, even if you have collected benefits for the same injury before. In many instances, the fact that you had a prior injury will simply not be relevant to the new claim. For example, if you had a back injury, but fully recovered from it (your doctor cleared you to return to work), the new injury will be treated as a wholly separate injury.
However, if you were still under a doctor’s care for a prior injury, and you aggravate the injury, the Workers’ Compensation Board will likely try to determine how much of the injury is a carryover from the prior injury and how much is an entirely new injury. As a result, your new injury may be “apportioned” in part to the old accident, thereby reducing your benefits.
Can I Get Workers’ Compensation Benefits for Aggravation of a Pre-Existing Injury?
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Queens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys