Understanding Subsequent Injuries: What Happens If You’ve Already Had A Workers’ Compensation Settlement?
Dealing with one work injury is more than enough. Unfortunately, sometimes workers return to work after an injury, only to get hurt again. If you’ve already settled a workers’ comp claim, your previous medical history can make everything more complicated the second time around.
At Silverman, Silverman & Seligman, P.C., we have been providing legal guidance to injured workers in the Schenectady community for decades. Our firm is committed to helping injured workers with their New York workers’ compensation claims. We can help you with your subsequent claim so you can secure the benefits you deserve.
Can You File More Than One Workers’ Compensation Claim?
Yes, you can file a new claim for a new injury. However, insurance carriers often try to use your past against you. For example, if you injured yourself at one job 10 years ago and then suffer a new back injury at a different job today, carriers will notice. They often argue that your current pain stems entirely from the old incident.
If you suffered a previous arm injury or hand injury, the insurance company may claim the new damage is just a “flare-up.” This is why resolving and settling your prior claims is so important. A prior settlement helps draw a clear line between the old case and the new one. We work to prove that your current incident is a distinct event requiring fresh support and benefits.
How Much Can You Settle A New Workers’ Compensation Claim For?
Most clients ask how much their new claim is worth. The value of a settlement depends on several factors. We look at your current average weekly wage and the severity of your new impairment. If you have a permanent loss of use in a limb, the law provides specific schedules for payment.
The insurance carrier will likely argue that your old injury accounts for a portion of your current disability. They use this “apportionment” to try to lower your payout. We fight these arguments by gathering medical evidence. Our goal is to show exactly how the new accident changed your ability to work. We build a strategy to maximize your recovery despite your medical history.
How Long Does It Take To Settle A New Workers’ Compensation Claim?
The timeline for a claim varies based on your medical progress. You generally must reach “maximum medical improvement” before we can finalize a deal. This means a doctor decides your condition is stable. If you are healing from a back injury, this could take months.
Once you reach this stage, negotiations begin. If we reach a settlement agreement, the New York State Workers’ Compensation Board must approve it. This legal review ensures the deal is fair to you. We move the process along as quickly as possible while ensuring we do not overlook future medical needs.
Consult A Workers’ Comp Lawyer About Your New Claim
At Silverman, Silverman & Seligman, P.C., we offer free initial consultations and case evaluations. Do not let the insurance companies use your past injuries against you. To schedule your free appointment, you can call us at 518-631-4521 or send a message through our website today.