|March 15, 2016||How Does a Prior Injury Affect Your Eligibility for Workers' Compensation Benefits?||no comments|
|February 09, 2016||What to Do When You Have Been Hurt at Work||no comments|
The answer, as in most cases, is "it depends." As a general rule, there is nothing that prohibits you from filing a workers' compensation claim for the exact same injury you may have sustained in the past. Depending on the circumstances, your prior injury may have no impact whatsoever on your current claim. For example, suppose that you hurt your knee a year ago, went through (and completed) medical treatment and physical therapy, returned to work and performed your job without any limitations or difficulties, the mere fact that you had a similar prior injury isn't relevant to your current claim, and shouldn't affect it in any way.
On the other hand, though, if you were still undergoing treatment or therapy for a prior injury when you suffer a new and similar injury, part of any workers' compensation claim may be "apportioned" to the prior injury. In essence, this means that the workers' compensation insurance provider may conclude that some portion of your current injury was already paid for in your prior claim, and may assert that you have already been paid in part for your current injury.
The bottom line—every case is different. The final determination will ultimately be made based on the unique circumstances of your case—prior medical records, any new medical records, as well as history of treatment all affect the outcome. Accordingly, it's critical that you retain an experienced workers' compensation lawyer to guide you through the process.
Experienced Workers Compensation Attorneys in New York
At Pyrros & Serres LLP, we handle all matters related to workers' compensation and Social Security disability claims for people in Queens 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.
Under the laws of New York, if you have been hurt on the job, you have a right to seek benefits under the state’s workers’ compensation system. The program is what has been commonly referred to as the “grand bargain.” Essentially, this means that workers and employers should both benefit from the system—workers can have quicker access to needed benefits, without the need to go to court; and employers can avoid the often exorbitant awards juries hand out.
But there are specific steps you want to take if you have suffered an injury on the job:
New York Workers Compensation Claims Attorneys
At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people across the borough of Queens and throughout the greater New York City area. We have an established reputation for providing outstanding legal services and obtaining positive results. Many of our new cases come to us as referrals from clients and colleagues.
To learn more about the full scope of our practice, see our workers compensation practice area overview page.