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Pre-Existing Injuries

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Pre-Existing Injuries & Workers’ Comp Benefits

Our New York City Workers’ Compensation Lawyers Can Help

In New York, the Workers’ Compensation Board oversees workers’ compensation claims to determine if a claimant is eligible for benefits. Proving a workplace injury is already difficult enough, but if a pre-existing injury is present, it can make the process even more complicated. Even if the injury is a result of an on-the-job accident, a pre-existing pain or condition can raise suspicion and open up the chance for a denial of workers’ compensation benefits. This is when you need a New York City workers’ compensation attorney on your side to help you get through this difficult matter.

It is important to keep the following when dealing with pre-existing injuries in workers’ compensation claims:

  • Medical records to show what the pre-existing injury was and what caused it.
  • Medical records to show the new injury and what caused it.
  • Evidence of any malfunctioning equipment or the scene that caused the most recent accident.
  • Details of the recent accident and how it happened.

Proving that you are injured because of an on-the-job accident may be difficult, but The Perecman Firm, P.L.L.C. has the skill and knowledge necessary to help you move forward with your claim. Workers’ compensation benefits can help cover the costs of living as well as medical expenses after you are injured in the workplace and are unable to work.

Schedule your free consultation by calling (212) 577-9325 today.

How Do Pre-Existing Injuries Affect Workers’ Comp?

If a worker has a pre-existing injury and the Workers’ Compensation Board determines that the condition has been aggravated, it may deny the claim. In order to avoid paying the claim, workers’ compensation insurance providers may claim that the worker was already injured prior to the accident at the workplace. You would have the duty of showing that the existing injury did not affect the new injury and that you should be able to receive the benefits you need. This is why it is so important to document the accident and your injuries if possible.

Get the Help You Need Today — Call (212) 577-9325

Workers’ compensation claims are strenuous and oftentimes denied. You need someone on your side who knows when and how to appeal the decision by the Workers’ Compensation Board if they deny your claim. We know how to show that a pre-existing injury did not affect a workers’ ability and subsequent accident.

With more than 30 years of experience, our New York City workers’ compensation lawyers work with clients to help them understand their rights during the process. We have helped recover over $500 million in settlements and verdicts on behalf of our clients. You can trust that we are dedicated to helping you receive the most favorable outcome possible.

Call us today at (212) 577-9325 to begin.

More Than $500 million In Verdicts & Settlements For Our Clients

The Perecman Firm, P.L.L.C.'s team of NYC personal injury attorneys have recovered more than $500 million in verdicts and settlements for their clients. We understand the financial and emotional toll a serious accident can have on your life. That’s why we dedicate ourselves to maximizing your recovery and securing what you deserve.

See Our Results
  • $7,986,908.00

    Union Dockworker injured on the job retained The Perecman Firm.

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  • $1,375,000.00
    Settlement for roofer who fell from ladder and injured back.
  • $1,000,000.00
    Custodian fell off ladder due to defective installation of cabinets. Settled after trial for $800,000.
See Our Results


  • “Like Family!”

    - Alyssa O

  • “One of the best decisions I had ever made!”

    - Joseph L.

  • “Mr. Perecman had my best interests at heart.”

    - Anonymous

  • “He made a difference for me and my family.”

    - Jose J.

  • “Se experimenta una emoción muy bonita al ganar un caso porque te das cuenta que le has salvado la vida a alguien.”

    - Jose J.

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