It’s not easy to get all the compensation you’re owed when you’ve been hurt in an on-the-job accident. From getting the most money possible to covering all of your medical care, any number of things can throw a wrench into the workers’ comp application process.
This is especially true when you have a pre-existing condition that can be linked to your work injury. Many employees don’t realize it, but their health history and what they divulge about it can have a huge impact on the outcome of their workers comp case.
Why Do Pre-Existing Conditions Affect Work Comp Settlements?
When someone gets hurt at work, the employer is responsible for the worker’s new condition. Workers comp law requires that the employer carry insurance that will pay for the worker’s medical bills, a portion of lost wages, and certain other expenses.
However, when a worker has a pre-existing condition that worsens due to something that happened while on the job, the employer is only responsible for how much the worker’s condition has worsened—not for the original condition.
This manifests in a work comp claim as a reduction in the amount of cash benefits the employee is eligible for.
Don’t Get Taken Advantage Of
It’s unfortunate, but sometimes employers or work comp insurers will try to use an injured worker’s pre-existing condition to their advantage. Employers often don’t want injured workers to file for work comp because too many claims can increase their premiums, while insurance companies will always attempt to minimize what they pay out in claims as it can eat into their profit margins.
Because of these considerations, it’s not unheard of for employers and insurers to claim that you weren’t really injured—you simply have a pre-existing condition and they shouldn’t be responsible for it. Even if they aren’t fully successful in convincing the New York Workers’ Compensation Board, if they’re even partially successful, it can decrease how much compensation you receive.
Be Careful with What You Tell the Doctor
You should also be careful with what you tell the doctor who treats your work injury—especially if your employer or work comp insurer referred you. The doctor will almost certainly specifically ask you about your health history, and he or she might be motivated to link your new injury to a pre-existing condition in order to get future referrals.
While you should answer the doctor’s questions honestly, you don’t need to say any more than what’s absolutely necessary. For example, if you’ve injured your back at work, you don’t have to tell the doctor that you often wake up with a stiff back—just mention any prior injuries that were actually diagnosed and treated by a medical professional.
New York City Workers’ Compensation Attorneys
If you’re worried that a pre-existing condition will negatively impact your workers comp case, give Finkelstein, Meirowitz & Eidlisz, LLP a call. We can ensure that you don’t get taken advantage and make certain that you get the maximum benefits you’re eligible for.
To schedule a free consultation, simply complete the form below or call 212-385-9190.