Generally, workers’ compensation benefits are awarded to those who sustain injuries or illnesses related to the job. However, pre-existing medical conditions can make it challenging to file a claim because employers may attempt to prove that your injury was not a direct result of workplace activities. That said, you can still be entitled to receive benefits. Here’s what you need to know when building your case.

What Pre-Existing Conditions Could Complicate Your Claim?

Insurance companies may be quick to deny workers’ compensation claims if they find out a claimant had pre-existing conditions or injuries —such as torn ligaments, arthritis, broken bones, and degenerative disk disease. It can be challenging to demonstrate that your present injuries were brought about by your current job activities, and not by your previous injuries. Thus, many injured workers choose not to pursue their claim. Nevertheless, remember that, legally, you can’t be denied an injury claim simply because of your pre-existing conditions.

How Can You Qualify for Workers’ Compensation Benefits Despite Pre-existing Conditions?

After you sustain an injury, make sure to notify your supervisor right away; you’ll forfeit your rights to receive benefits 30 days after being injured. In New York, your employer should then submit a report to both the New York State Workers’ Compensation Board and the company’s insurance company. 

To make a strong case, you must show that your pre-existing condition was aggravated by your workplace accident. Under New York law, you are still eligible for benefits even if your previous medical condition was caused by a disability or a past workers’ comp injury. However, your claims will likely be contested by your employer, so be sure to hire a qualified workers’ comp attorney. They can provide a strong legal argument for you to get the compensation you deserve.

It can be challenging to file for workers’ compensation benefits, especially if you have a pre-existing condition. This is why Vincent J. Criscuolo & Associates in Rochester, NY, have made it their mission to fight for the rights of people like you. Whether you need a personal injury lawyer, disability attorney, or workers comp lawyer, you can expect to receive expert legal representation. Call (585) 232-3240 to schedule a free consultation or visit their website for more information.