Aggravation of Pre-Existing Conditions

Under New York law, workers are entitled to certain benefits in the event of an accidental injury if it arose out of and was incurred during the course of the worker’s employment. Occupational diseases that satisfy these criteria are likewise compensable. But what about the aggravation of a pre-existing, perhaps not work-related, condition? In such cases, it is still possible to obtain benefits, but the employer’s insurance company may resist paying them. When this happens, Rockland County workers’ compensation lawyer Valerie J. Crown can help injured residents of Greater New York fight for the maximum amount of benefits to which they may be entitled.

The staff at our small firm is proud of providing personalized attention and care to people in their times of greatest need. You deserve compassionate treatment and vigorous representation when you are coping with a job-related accident. We recognize the importance of making ourselves available to clients whenever they need us. Your calls will go directly to Valerie’s cellphone at 845.598.8253.

The first step that an injured worker should take after an accident is to obtain first aid or other necessary treatment. Except in an emergency, the injured worker should make sure that his or her healthcare providers accept New York State Workers’ Compensation insurance. The worker must also give notice of the injury to his or her supervisor as soon as possible. Failing to provide written notice of an injury within 30 days may cause the worker to forfeit his or her right to receive benefits, so this is a crucial step in the process, as is filing a formal C-3 employee claim for workers’ compensation benefits.

After the employer has received notice of the accident or cumulative injury, it must in turn make a report with its insurance company and the New York State Workers’ Compensation Board. If the employee’s lost time from work is more than seven days, the insurance company must either begin paying temporary disability benefits to the employee or file paperwork with the Board indicating reasons for refusing to make such payments.

As the worker’s medical care progresses, it may become apparent that he or she had a pre-existing condition that has been aggravated by a work-related accident. Sometimes, the employee may have been aware of the prior condition and may have even had medical treatment, such as surgery to treat the issue, at some point in the past. In other cases, the worker may suffer from a previously unknown – but not work-related – prior medical condition, such as degenerative disc disease or arthritis. If not for the aggravation of the condition caused by the work injury, he or she may never have even known of the pre-existing condition.

In some cases, a work-related injury can also be aggravated by a second event during the course and scope of the worker’s employment. When this happens, it may be possible for the worker to file a new claim. If the second injury or the combination of the injuries renders the worker partially or totally and permanently disabled, the workers’ compensation judge may apportion the worker’s disability between the two injuries. If the first case has been settled, or if the statute of limitations has expired with regard to the first claim, the worker can potentially still receive compensation for the degree of disability apportioned to the more recent injury.

If you have been hurt on the job and are facing the issue of a possible aggravation of a pre-existing condition, you need an attorney who is assertive, knowledgeable in workers’ compensation law, and available when you have questions. Rockland County workers’ compensation attorney Valerie J. Crown will be glad to talk with you about your case and help you make sure that all of the procedural requirements of a workers’ compensation claim have been met. As your case progresses, we can assist you in pursing all of the benefits to which you may be entitled, including temporary disability, permanent disability, and payment of medical expenses. Call us at 845.708.5900 or contact us online to set up a free initial consultation. Injury lawyer Valerie J. Crown also assists people in Rockland, Westchester, Dutchess, Ulster, and Orange Counties, as well as New York City. Se habla Español.