Pre-Existing Injury Cases in New Jersey

Can I Still File for Workers' Comp with a Pre-Existing Injury?

It is not surprising that some people think that if they had a prior injury or occupational disease and suffer aggravation or worsening of that injury as a result of an accident on the job, that they may wonder if they can recover at all. Fortunately, the law recognizes this situation and does allow the possibility of recovery.

When an individual files for a worker’s compensation claim, many factors can affect the case. One of them is whether they suffered a permanent pre-existing injury. Insurance companies are responsible to provide treatment, temporary disability, and permanency regardless of any prior problem.

What to Expect from the Insurance Company

An injured worker must show that their prior condition was aggravated or exacerbated by the work-related injury. If they do, the worker can recover for that worsening and in some cases, the prior injury may actually augment the recovery.

The insurance company is entitled to a reasonable investigation into any preexisting disability and may seek a credit against any award of permanency benefits. What they cannot do is simply deny the claim. If they do, the Board certified attorneys at Levinson Axelrod can help.

Pursue the Compensation You Deserve with Our Board Certified Workers' Comp Lawyers

Worker’s compensation help employees who suffer injuries sustained at their workplace. All New Jersey employers are required to obtain workers' compensation insurance or must be an approved self-insured provider. If an individual is injured on the job, they can file a worker’s comp claim.

While employees generally cannot sue their employers^[1], the workers' compensation insurance protects these individuals from damages sustained during their job. Our workers' compensation lawyers in New Jersey are here to assist with those claims.

Call today at (732) 440-3089 for a free consultation!