Category Archives: q a mondays

Does A Pre-Existing Injury Mean I Can't File A Claim?

A preexisting injury does not stop a claim

Today’s post comes from guest author Matthew Funk from Pasternack Tilker Ziegler Walsh Stanton & Romano.

QUESTION: I HAVE A PREEXISTING INJURY TO THE SAME BODY PART I HURT AT WORK. DOES THIS MEAN I CANNOT CLAIM WORKERS COMPENSATION BENEFITS?

ANSWER: A PREEXISTING INJURY DOES NOT STOP A CLAIM.  FILE THAT CLAIM!    

Joe Worker was a high school quarterback.  Until that knee injury sidelined his dreams of playing for the NFL.  So he became one of the best construction workers New York City could ask for.  Until one day, on the job, Joe tripped over stuff somebody should have put away, and landed on that bad knee. Now, if his knee hadn’t been so screwed up in the first place, Joe would have been fine.  He would have dusted himself off and gone on with the day.  But the old injury flared up and Joe was sidelined again.  Joe didn’t know what to do.  It was, after all, his bad knee that made things worse, not a minor trip and fall on the job.  So he hesitated filing a new claim.  What should he do?

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Monday Workers’ Compensation Q&A: My employer paid my salary, do I still have to file a claim?

Today’s post comes from guest author Matthew Funk from Pasternack Tilker Ziegler Walsh Stanton & Romano.

QUESTION: MY EMPLOYER PAID MY SALARY WHILE I WAS INJURED AND OUT OF WORK. DO I STILL HAVE TO FILE A WORKERS’ COMPENSATION CLAIM?

ANSWER: THERE IS MORE TO A CLAIM THEN PAYMENT WHILE OUT OF WORK ?

Joe’s boss, Mike was a great guy. In fact, when Joe got badly hurt at work and was out for weeks, Mike paid Joe’s salary every week. When Joe got back to work, he hesitated filing a Workers’ Compensation Claim. After all, Mike had paid his salary the weeks he was out. And Joe didn’t want to appear ungrateful or greedy. What should he do?

File, Joe!! File!!!

If Mike drew Joe’s salary paid from Joe’s accrued sick or vacation time, Joe would not get that time back unless he filed a claim. That means the eight weeks of vacation and sick time Joe had coming to him had been put toward the time he spent recuperating at home. Unless Joe submitted a claim, he’d have to start from scratch to build up vacation and sick time.

“Aside from the monetary award, there is lifetime medical coverage for a Workers’ Compensation Claim.”

The payment of wages is only a small portion of a Workers’ Compensation Claim and NOT the only thing Joe is entitled to. In an earlier column, an injured worker can make a claim for a schedule loss of use if an extremity is injured even if salary was paid.

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