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Will I Be Prevented from Recovering Workers’ Compensation Benefits if It’s an Old Injury?

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?

Experienced NYC | Brooklyn | Bronx | Queens Workers’ Compensation Attorneys

At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in Queens, Brooklyn, the Bronx 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

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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