Aggravation of a Pre-Existing Condition
If you have suffered an on-the-job accident that aggravated a pre-existing medical condition or former injury, you may encounter difficulties in obtaining the appropriate level of financial assistance to cope with your situation. The skilled workers’ compensation attorneys at The Cassisi Law Firm have extensive experience assisting injured employees in Queens and the surrounding areas with pursuing the full benefits to which they are entitled. We proudly advise and represent residents of the Bronx, Brooklyn, and Nassau and Suffolk Counties, among other communities in New York.Seeking Benefits for the Aggravation of a Pre-Existing Condition
Work-related injuries are common. They can range from repetitive stress injuries that evolve over an extended period of time to sudden accidents that result in broken bones, or even more serious harms. To address employment-related injuries, New York instituted a workers’ compensation system. It is designed to enable people who are hurt on the job to obtain at least partial compensation for medical costs and lost wages if their injuries are serious enough to require medical attention or undermine their ability to carry out their duties.
Employers are required to purchase workers’ compensation insurance, and rates are determined by the nature and size of the business. An employer’s policy covers all employees who become hurt while performing their tasks. The system is intended to protect both workers and employers by providing a simple and sure compensation system for injured employees, and by shielding businesses from costly and protracted personal injury lawsuits.
While this framework sounds straightforward, it is sometimes cumbersome in practice. And it can become especially complicated when an employee’s job-related accident aggravates an injury or medical condition that pre-dated the new incident. When a workplace accident or stress injury makes a former condition or infirmity worse, workers often find that an employer’s insurer is not cooperative.
This is because eligibility for benefits is based on establishing that a job-related activity caused the injury. In some cases, the cause is clear-cut, but when it comes to aggravating factors, the question of causation may center around whether the work-related incident or condition actually caused the additional harm, or whether the pre-existing condition worsened simply because of its nature or because of a cause outside the scope of employment. An insurer may assert these as reasons to deny a claim, or limit a worker’s right to compensation by contending that the aggravating incident caused a minimal impact compared to the pre-existing condition.
However, there may be counterarguments that individuals who are hurt on the job can make. For example, in some cases, an injured worker may be able to establish that a new event is not an “aggravation” but a separate injury that independently entitles him or her to full compensation. No matter your situation, it is wise to consult an attorney who can help you gather the medical evidence that you will need to establish your eligibility for benefits.Contact a Skilled Queens Attorney After Suffering an Injury at Work
When you have been hurt at a workplace in Queens or beyond, you should discuss your situation and any potential claim with the work injury lawyers at The Cassisi Law Firm. We know how the workers’ compensation system operates and the steps that you can take to assert your rights. It is often challenging to deal with your employer’s insurer on your own, so a knowledgeable advocate can make an important difference. You can reach us at (718) 441-5050 or use our online form to arrange a free consultation.