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Prior injuries and workers' compensation claims

If there's one thing workers should know about workers' compensation insurance, it essentially helps those who cannot work meet their financial obligations as they recover. The benefits stemming from these claims are based on a formula that assigns a particular monetary amount for each type of injury. In some instances, the benefits paid to injured workers is based on the fact that they will not be able to work again.

But for those people who have pre-existing conditions (i.e. prior injuries), how will a subsequent workers' comp claim affect their current claim? This post will provide a few answers. 

Injuries related to prior workers' comp claims - If your current injury stems from an injury previously covered by a prior claim, it is possible that your benefits may be reduced. While your employer still pays for your medical bills and temporary disability benefits may be paid out, they may only be associated with your current injury.

Injuries unrelated to prior work comp claim - If your current injury exacerbates a prior injury that was not covered by workers' compensation, work comp benefits may only account for the worsening of your condition due to what your work injury caused.

Either way, it may not be easy (or clear cut) to decipher the extent of the injury to be covered under workers' comp. Because of this, it is essential to work with a doctor (and an attorney) who is familiar with injuries that could be caused by repetitive actions or other work related actions.

If you have questions about pursuing a workers' comp claim, an experienced attorney can advise you

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  • American Association for Justice
  • NYCOSH-New York Committee for occupational Safety & Health
  • NYSTLA
  • Queens County Bar Association
  • Society of New York Workers’ Compensation Bar Association, Inc | 1945
  • National Organization of social security claimants Representatives
  • NYSBA
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