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Workers Compensation

Common Myths Surrounding Workers’ Compensation

By Workers Compensation

Workers’ compensation serves as a critical safeguard for employees, offering financial assistance and medical support in the wake of work-related injuries or illnesses. Nevertheless, misconceptions and falsehoods often cloud the understanding of this vital system. In this blog post, we aim to debunk prevalent myths surrounding workers’ compensation, empowering both employees and employers with accurate information to navigate this process effectively.

Myth 1: Workers’ compensation is solely for severe injuries.

While workers’ compensation does cover severe injuries like fractures or traumatic incidents, its scope is far broader. It encompasses various conditions, including repetitive strain injuries such as carpal tunnel syndrome, occupational diseases arising from workplace exposure, and mental health issues triggered by job-related stress.

Myth 2: Filing a claim will lead to retaliation from my employer.

Fear of retaliation often deters employees from seeking the benefits they rightfully deserve. However, workers’ compensation laws protect against employer retaliation. Employers cannot lawfully terminate or discriminate against employees for filing legitimate claims. In fact, it’s illegal to retaliate against employees for exercising their rights under workers’ compensation laws.

Myth 3: If the injury occurred outside of the workplace, I’m not eligible for benefits.

While workers’ compensation primarily covers injuries sustained on the job site, it also extends to injuries occurring during work-related activities outside of the workplace. This could include injuries sustained while traveling for work, attending work-related events, or running errands for your employer. As long as the injury is connected to your employment duties, you may be eligible for workers’ compensation benefits.

Myth 4: I can handle my workers’ compensation claim without legal representation.

While it’s possible to navigate the workers’ compensation process independently, seeking legal counsel can significantly enhance your chances of receiving full and fair benefits. Workers’ compensation laws can be complex, and insurance companies may attempt to minimize payouts. A knowledgeable attorney can advocate for your rights, navigate legal complexities, and ensure you receive the compensation you deserve.

Workers’ compensation is a crucial safety net for employees, offering financial stability and medical assistance during challenging times. Clearing up misunderstandings fosters a healthier work environment where both employees and employers can thrive.

If you have been injured at work, do not hesitate to get the workers’ compensation you deserve. Our experienced attorneys at Losi and Gangi will make sure you are represented fairly throughout every step of your case. Call us today at 716-854-1446 for a free consultation.

Understanding the Difference Between Workers Compensation and Personal Injury Cases

By Workers Compensation


In New York State (NYS), workers’ compensation and personal injury cases are two distinct types of legal claims that provide injured individuals with different avenues for seeking compensation for their injuries.

Workers’ compensation is a system designed to provide benefits to employees who suffer work-related injuries or illnesses. These benefits can include medical treatment, wage replacement, and other types of financial assistance. In NYS, most employers are required to carry workers’ compensation insurance, and employees who are injured on the job are generally eligible for benefits regardless of who was at fault for the accident.

Personal injury cases, on the other hand, are lawsuits brought by individuals who have been injured as a result of someone else’s negligence or intentional misconduct. These cases can arise from a wide range of situations, including car accidents, slip and fall accidents, medical malpractice, and product liability. In a personal injury case, the injured individual (the plaintiff) seeks compensation from the person or entity responsible for causing their injuries (the defendant).

One of the main differences between workers’ compensation and personal injury cases is fault. In a workers’ compensation case, fault is generally not a factor. As long as the injury occurred while the employee was performing their job duties, they are generally eligible for benefits regardless of who was at fault for the accident. In a personal injury case, on the other hand, the plaintiff must prove that the defendant was negligent or engaged in intentional misconduct that caused their injuries.

Another key difference is the types of damages that are available. In a workers’ compensation case, the benefits are typically limited to medical expenses, wage replacement, and certain other types of financial assistance. In a personal injury case, however, the plaintiff may be able to recover a much wider range of damages, including compensation for medical expenses, lost wages, pain and suffering, and more.

It is important to note that in some cases, an injured individual may be able to pursue both a workers’ compensation claim and a personal injury lawsuit. For example, if an employee is injured on the job due to the negligence of a third party (someone who is not their employer or a co-worker), they may be able to file a personal injury lawsuit against that third party while also receiving workers’ compensation benefits.

Overall, the differences between workers’ compensation and personal injury cases in NYS can be significant. If you have been injured and are considering your legal options, it is important to consult with an experienced attorney. Our professional attorneys at Losi & Gangi can help you understand which type of claim is appropriate for your situation and help you get the compensation you deserve. Contact us today or call 716-854-1446.

Common Mistakes to Avoid When Filing a Workers Compensation Claim

By Workers Compensation

Filing a workers’ compensation claim can be a complex process, and mistakes made during the process can result in delays or even denial of benefits. Here are some common mistakes to avoid when filing a workers’ compensation claim:

  1. Failing to report the injury promptly: If you delay reporting your injury, it may raise questions about the legitimacy of your claim. Most states have a specific time limit for reporting workplace injuries, so make sure to report the incident to your employer as soon as possible.
  2. Not seeking medical treatment immediately: Even if your injury seems minor, you should seek medical attention as soon as possible. A delay in treatment can lead to the injury worsening and can hurt your claim’s credibility.
  3. Failing to disclose all injuries: You must disclose all injuries related to the incident, even if they seem minor. If you fail to report an injury, it may raise questions about the legitimacy of your claim.
  4. Not following doctor’s orders: If you receive medical treatment, you must follow the doctor’s orders. Failure to do so can be seen as a lack of cooperation, which can harm your claim.
  5. Failing to provide detailed information: It’s crucial to provide as much detail as possible about the incident and the injury. Failing to do so can lead to delays or a denial of your claim.
  6. Not seeking legal assistance: Workers’ compensation laws can be complicated, and it can be challenging to navigate the process on your own. Consider consulting with an experienced workers’ compensation attorney who can guide you through the process and help you avoid making mistakes that can harm your claim.
  7. Failing to meet deadlines: Each state has specific deadlines for filing workers’ compensation claims, and missing a deadline can result in a denial of benefits. Make sure you understand the deadlines in your state and file your claim on time.

In summary, to ensure that your workers’ compensation claim is successful, report your injury promptly, seek medical attention immediately, disclose all injuries, follow your doctor’s orders, provide detailed information, seek legal assistance, and meet all deadlines. If you have been injured at work, do not hesitate to get the workers’ compensation you are entitled to and deserve. Our experienced attorneys at Losi and Gangi will make sure you are represented fairly throughout every step of your case. Call us today at 716-854-1446 for a free consultation.

5 Things You Should Know About Workers’ Compensation in New York State

By Workers Compensation

Workers’ Compensation laws vary across the United States. Each state has its own compensation laws, and It’s important to know the specific regulations for the state in which you live in. Continue reading to discover 5 key things you should know about workers’ compensation here in New York State. 

1. Filing a Workers’ Comp Claim in NYS

In New York State, you are required to notify your employer of a workers compensation claim within 30 days of the illness or injury. If 30 days pass and you have not notified your employer, you could lose your rights to receiving workers comp benefits. 

Also, you will want to file an employee claim with the Workers Compensation Board in New York as soon as possible. Items needed to do this include:

  • Your employer’s name and address
  • The dollar amount of gross wages paid per pay period 
  • The names and addresses of any other employers you worked for at the time of your injury or illness 
  • The name and address of the doctor / hospital that provided your initial treatment 

2. Types of Employees Covered 

Under NYS workers’ comp law, individuals who work at a for-profit business are considered employees to that business. Those who are considered an employee may be: 

  • Part-time
  • Full-time
  • Temporary
  • Seasonal
  • Casual / day labor
  • Unpaid including volunteers and family members 

All of the following positions listed above must be covered by a New York employer’s workers’ compensation insurance. 

3. Medical Treatment Under Workers Comp. 

When an employee gets ill or injured, the employee should immediately seek medical attention as well as notify their employer. The health care provider should be authorized by the NYS workers’ compensation board. In the case of a minor injury, the employer can pay directly for first-aid treatments. 

What is considered to be a minor injury?

In New York State, an injury is considered to be minor if 

1. It requires two or fewer treatments 

2. The lost time at work amounts to less than one day 

Minor injuries do not need to be reported to the New York State Compensation board. However, the employer should complete a report on the injury and the form shall remain in business files for at least 18 years.The New York Workers Compensation Board can review these files at any time. 

All injuries, with the exception to minor injuries, must be reported to the NYS Workers’ Compensation Board and businesses’ carrier within 10 days. Failure to file within 10 days, means the NYS Workers’ Compensation Board could impose a penalty up to $2,500. 

4. What affects NYS workers comp. cost? 

There are several factors that can influence the cost of workers’ compensation in New York. This may include the businesses payroll, location, number of employees, claims history and the type of industry. According to Cerity, the estimated employer rate for workers’ compensation insurance in New York is $.07 per $100 payroll for the lowest risk jobs, and $29.93 per $100 in payroll for the highest risk jobs. 

5. What to do if your claim gets denied?

All too often, many companies in New York State deny workers’ compensation claims and leave you out to dry. If your injury took place on their premise and was related to your job duties, then your employer is responsible for the injury. 

At Losi & Gangi, we have a certified team of professional attorneys who can assist you with your workers’ compensation case. If you were hurt at work and a company has denied your workers’ compensation claim, take action to get the benefits you deserve. Call Losi & Gangi today at 716-854-1446 for a free consultation. 

Article adapted from:

Workers’ Compensation Frequently Asked Questions

By Workers Compensation

After experiencing an injury at work, it is important you know what steps to take next. Understanding what workers’ compensation is and how the process works will help you make the decision of whether or not you should file a claim. Our professional attorneys at Losi and Gangi are very experienced when it comes to workers’ compensation cases, and can help answer any questions you may have. Continue reading to discover some of the most frequently asked questions regarding workers’ compensation.

1. What is Workers’ Compensation? 

Workers’ compensation is a system of statutes put into effect by each state to provide medical, disability, and lost time benefits for employees injured on the job. 

2. What is the first thing I should do if I am hurt at work?

First and foremost, you should notify your employer of the injury and explain the details regarding how the accident happened. Next, seek medical care. After this, you should contact the workers’ compensation carrier and advise them of the claim. The last thing you may want to consider, depending on the severity of the injury, is contacting a legal attorney in order to obtain the benefits in which you are entitled to and deserve. Our attorneys at Losi and Gangi will walk you through the process and make sure you are represented fairly throughout every step of your case.

3. What injuries or illnesses will be covered by workers’ compensation?

All injuries and illnesses obtained while on the job are covered by workers’ compensation. If you are hurt at work, whether it is in a construction accident or otherwise, Losi and Gangi has trained legal professionals who can help you handle the situation. Common workers’ compensation include the following: 

  • Strains                  
  • Burns and Electrocutions
  • Contusions          
  • Foreign Object Entering Body
  • Lacerations          
  • Broken Bones
  • Sprains                
  • Crushing Hazards
  • Punctures          
  • Concussions 

4. How does a pre-existing medical condition affect a workers’ compensation claim?

Under New York State law, it is stated that if the condition is due to a previous work-related injury that you have been receiving workers’ compensation for, then you can be eligible to receive additional compensation if the injury is further aggravated or contributed to another condition. 

So, if your current work responsibilities have caused the pre-existing condition to once again require medical care and treatment, then you are likely experiencing an aggravation of your pre-existing condition and are entitled to receive workers’ compensation for this. 

5. What Evidence is Needed in Order to File a Workers’ Compensation Claim 

In order to file a workers’ compensation claim, you will need to provide evidence that the cause of your injury was work related. For example, if you’re a construction worker and fall off a ladder, you will need to prove this was during work and due to unsafe equipment or working conditions. Other general information that you will want to collect for a workers’ compensation claim includes:

Details of the accident: 

  • Time / Date of accident
  • Where the injury took place
  • Any witnesses and their contact info.
  • Cause of the accident
  • Photos of your injuries 
  • Contact info. of injured employee

If you have been hurt at work, don’t hesitate to get the compensation you are entitled to. Our attorneys at Losi and Gangi can help answer any questions you may have regarding workers’ compensation and ensure you are fairly represented throughout every step of your case. Contact us today or call 716-854-1446 for a free consultation. 

Top 10 Most Common Workers Compensation Claims

By Workers Compensation

According to OSHA, 160 million individuals experience work-related injuries annually. In order to decrease this extremely high number, a bigger emphasis on the importance of workplace safety and training is critical. Employers and employees should be aware of the top hazards and injuries that occur on the job. This way, proper safety measures can be taken to reduce the chance of injuries from arising.

Below is a closer look at the top 10 most common work-related injuries and workers’ compensation claims. This study was conducted by the International Journal of Environmental Research and Public Health. Important to Note: The data used in the study was published in 2020 and is based on 151,959 work-related injury payments made between 2011 – 2018. 

  1. Strains | Total claims: 45,675

 Ranking in at number one is strains. Although this seems like a minor injury that can heal on its own, strains can have lasting repercussions. Strains inhibit worker’s ability to perform their job to their fullest potential and cause agonizing pain on muscles. Individuals who work in an industry where manual labor is required such as warehouse workers, construction, nursing, etc… have most likely experienced problem with muscle strains at one point or another. Employers can reduce strains from work by: 

  • Teaching proper techniques for lifting heavy objects
  • Provide employers with frequent breaks / time to rest
  • Emphasize the importance of stretching 
  • Enforce that employees should not pick up items beyond a weight limit they feel comfortable carrying

2. Contusions | Total claims: 31,651

Contusion is another word for bruising. Bruises can be very minor, disappearing on their owning just a few weeks. On the other hand, contusions or bruises can be very serious and result in blunt force injuries to the head, which can cause brain bleeding. This is very dangerous and can alter the course of one’s quality of living. In this case, a workers’ compensation case should most definitely be filed. Employers can reduce work-related contusions by:

  • Provide workers with hard hats / other personal protective gear
  • Ensure work space is clear and there are safe walkways 

3. Lacerations | Total Claims: 17,919

A laceration is a cut or skin wound, typically caused by a sharp object. This is a very common injury in the workplace, as hands and fingers are used in pretty much every task we do. Oftentimes, employees slip up and make the mistake of cutting themselves when they are not fully focused and paying attention to what they are doing. Other reasons for these injuries may be that the employee was not properly trained on how to operate power tools or other sharp objects. Employers can help reduce lacerations by:

  • Poviding proper hand protection (gloves)
  • Clean work environments
  • Training workers on use of sharp objects and power tools

4. Sprains | Total Claims: 13,449

Sprains are a common injury that often result from slips, trips, and falls. They also commonly result just from being on your feet for an extended period of time. For instance, nurses who walk around over the course of a 12 + hour shift are more likely to suffer from ankle sprains than someone who works a desk job. However, in any case, sprains can happen anywhere at any job. Sprains can negatively impact mobility, making it much more difficult for employees to return to their usual job tasks. In addition, ankle sprains may require physical therapy to heal and longer recovery periods. Depending on the severity of the strain, sometimes workers can bounce back quickly. But, usually it takes several weeks or months to regain full strength and functionality. Employers can reduce sprains by:

  • Providing employees with longer and more frequent breaks
  • Encouraging workers to stretch and rest

5. Punctures | Total Claims: 8,363

Punctures are deep injuries that involve a sharp object. In the construction industry, punctures are a common injury due to the fact that workers use power tools, nail guns, saws, and more on a consistent basis. If workers are not trained properly on how to use these tools, it is very easy for an extremely dangerous accident to occur. Punctures can cut deep into the skin, and result in some very severe injuries. Always use caution and pay close attention when operating with sharp tools. Employers can reduce punctures by:

  • Train all employees on how to properly operate power tools
  • Monitor and watch employees 
  • Provide Personal Protective Equipment 

6. Burns and Electrocutions | Total Claims: 4,661

Burn incidents in the workplace typically occur to individuals who work in restaurant kitchens. They are also common occurrences for individuals who work with hot furnaces, chemicals, steam, and electrical sources. Burns can range from very minor to extremely dangerous – it depends how hot the temperature the individual was working with and how long their flesh was exposed to the surface. Electrocutions are very dangerous as well and can even result in death. Employers can reduce burns / electrocutions by:

  • Proper training employees
  • Monitoring employees
  • Provide personal protective equipment
  • Make sure equipment is inspected regularly by a professional and cleared as safe to operate with 

7. Foreign Object Entering Body | Total Claims: 4,266

In construction, these injuries can be very painful and gruesome. Unfortunately, workers in this industry have suffered from impalement of objects entering the body such as nails, sharp debris, steel, and more. Employers can reduce impalement by:

  • Ensuring the work site is clean, and particles or miscellaneous items are swept up and removed from working zones
  • Provide safety gloves, proper footwear, and other personal protective equipment
  • Put up signs to warn workers of unsafe areas

8. Broken Bones | Total Claims: 2,182

Slips, trips, and falls are common causes of workers suffering from a broken bone. Although it is difficult to predict and nearly impossible to stop one from a slip, trip, or fall, there are precautions that can be taken to lessen the chance of an incident occurring. Employers can reduce broken bone injuries by:

  • Putting a “wet floor” sign up on slippery surfaces
  • Tuck cords and cables away from being in hallways or aisles
  • Encourage keeping a clean work station – such as closing file cabinet drawers and picking up loose items from the ground
  • Provide employees with proper footwear
  • Make sure workplace has proper lighting 

9. Crushing Hazards | Total Claims: 1,406

In large manufacturing operations, working with heavy objects is required of workers. These machines can be dangerous, especially if a worker is new and doesn’t know what they are doing. As a result, workers can suffer from being stuck and get crushed by heavy objects or machinery.

Employers can reduce crushing hazards by:

  • Informing workers of OSHA’s standards for machine guarding and proper protocols. Visit the link here to learn more.  
  • Regular training and monitoring of employees (especially newer employees) working with machines 

10. Concussions | Total Claims: 882

Concussions result from being struck by force to the head. They can also occur from falling from a great height. The effects from a concussion can completely change one’s life –  causing memory loss, headaches, noise sensitivity, insomnia, and more. 

Concussions range from fairly to mild to very severe. With more severe concussions, individuals can face very serious health consequences such as chronic encephalopathy, which is a degenerative neurological condition very commonly seen among veteran NFL players. This develops when one experiences repetitive injuries or blows to the head. Employers can reduce concussions by:

  • Providing hard hards and other personal protective equipment
  • Providing fall protection gear
  • Ensuring work site is clear and no heavy object can strike workers passing through

If you have been injured at work, do not hesitate to get the workers’ compensation you are entitled to and deserve. Our experienced attorneys at Losi and Gangi will make sure you are represented fairly throughout every step of your case. Call us today at 716-854-1446 for a free consultation. 

Article Adapted from: 

The Changing Workforce and How It will Impact Workers’ Compensation

By Workers Compensation

The workforce is constantly evolving in order to adapt to the changes caused by the pandemic. In recent years, employees have been quitting their jobs at a record setting pace. As a result, companies are facing labor shortages and desperately hiring in attempt to fill the gap. With new and inexperienced workers, there is an increased risk for injury. The same can be said for understaffed companies with overworked employees. 

The Great Resignation 

The pandemic completely changed the workforce and many companies are struggling to retain their workers. According to the Bureau of Labor Statistics, 4.5 million workers quit their job in March 2022. We have now entered into a period that many are referring to as “The Great Resignation.” It is a difficult place to be in for businesses, as they now have to construct new methods and strategies that will ensure their employees are happy and want to stay working there. With a great number of employees leaving their jobs, companies are left to deal with a multitude of problems. 

From being understaffed and working longer hours, to figuring out how to train new hires, to making sure the business stays afloat — there are plenty of adjustments, challenges, and changes that companies are trying to navigate.

Inexperience Leads to a Higher Chance of Injury

Businesses are putting out their “help wanted” signs and desperately hiring in attempt to lift the load off of their overworked employees. Having extra hands can be helpful, but it can also bring along several challenges. For instance, new employees lack experience, which puts them at a higher risk of suffering from an injury on the job.

According to the Bureau of Labor Statistics Data, more than one-third of non-fatal work relates injuries in 2019 happened to employees who had been in their current position for less than a year.

It is very common for new hires to jump into their roles with little time to understand the process of how everything works. Their lack of knowledge and inexperience often results in a serious injury. The worst part is, the injury is usually a simple and avoidable mistake. However, since the employer chose to not train their new hires properly, they now find themselves in this unfortunate situation. It is crucial companies are emphasizing the importance of teaching new hires the correct way to do things, no matter how busy they may be.

Understaffed Workplace Increases the Chance of Injury

Companies that struggle to hire new workers are left in a very difficult position. Their remaining employees are forced to pick up the slack, with additional responsibilities that don’t necessarily fall under their job title. Longer hours, lack of sleep, and increased stress levels can hurt the overall mental health and well being of employees. All of the following contributes to an increased risk of being injured while on the job.

Lack of sleep impacts how we function, both physically and mentally. Brain fog is a common occurrence when you aren’t getting enough rest at night. Brain fog is described as a feeling of not being able to have full mental clarity. This can be very frustrating, especially when you’re at work and have a lot to get done. Since your brain is not operating at its highest capacity, your productivity levels and the tasks you accomplish throughout the day will be lower than you’d like.

Physically, your body is not as alert as it would be with a good night of sleep. Therefore, the chance of making a clumsy mistake is higher and this often leads to an injury on the job. It is so important that employees have enough time to take care of themselves and get the proper sleep they need.

What can Business Owners Do to Increase Safety?

The question to ask is, “What can businesses owners do during this time to increase safety for both new and old employees?” Trainings are one solution that can be highly effective. New employees should have required trainings to complete before starting work. Also, companies may want to consider doing monthly, quarterly, or annual training so the information learned is not forgotten and stays fresh on employees minds.

Businesses that are understaffed should recognize that workers health and safety is the top priority, no matter how busy they may be. Bosses should encourage workers to get enough rest each night before coming in for work. Also, companies should come up with a workflow system that everyone is on page with. This way, no individual feels they are being overworked to the point of burn out and exhaustion. Coming together and working as a team (especially when you are short staffed) is highly important. Recognizing who needs help and giving it can help alleviate the stress and fatigue that so many employees are feeling right now. 

If you have been hurt on the job, don’t hesitate to get the workers compensation you are entitled to and deserve. Our experienced attorneys at Losi and Gangi will make sure you are represented fairly throughout every step of your case. Call us today at 716-854-1446 for a free consultation. 


Are Seasonal Workers Eligible for Workers’ Compensation?

By Workers Compensation

The Holiday Season is here and it’s officially that time of the year where people are running around like crazy trying to find their last minute gifts. It’s the best time of the year for businesses as they’re making their most sales. However, it can be the most stressful time for workers who are trying to do a million things at once. Many businesses need help and hire seasonal workers.

Having more than enough staff on hand helps keep both workers and customers happy. Workers will get the chance to slow down and not feel like they’re being over worked. Customers will also be satisfied with a better shopping experience where their needs will be met from readily available workers. Oftentimes, seasonal positions are only available for a couple months just so businesses can survive the Holiday Season madness. Even though their time of employment may be short, there is still a likely chance that an injury can arise.

In the event of an injury for a seasonal worker, many want an answer to the following question : Do seasonal workers get workers’ compensation in the event of an injury? 

If you are currently working a seasonal position or know of someone who is, it’s important to know that seasonal workers’ are entitled to receiving workers’ compensation in New York State. There are many reasons why a seasonal worker may be more at risk for an injury as opposed to someone who has more experience there and is a full time employee.

Common reasons include the following : 

  • Lack of Training : Business owners don’t always have the time to sit down and make sure that new hires are fully trained on everything. However, inexperience and lack of knowledge can lead to a bad injury. Proper training should always be a priority no matter how busy things are. If you don’t have the time to train a worker, then you certainly shouldn’t be hiring seasonal workers. 
  • Doing too much at once : Seasonal workers get thrown into the mix at the craziest and busiest time of the year. Oftentimes, they want to be up to speed like the full time workers and over do it by going at a pace beyond their experience level. This then puts them at more risk for accidents like slips, trips, and falls. It’s important to remember that your safety is the most important even when you feel like customers and your co-workers are yelling at you to do things for them. Slow down and go at a pace where you feel comfortable
  • Lack of sleep: It’s very common that seasonal workers already have another job, but picked up the position to make more money. Working two or even three jobs is exhausting and can take a toll on your body. Balancing the long hours with no rest time can also throw off one’s sleep schedule. Working all day at your first job  and then going to your next job to work a late shift or even night shift means minimal sleep. Getting proper sleep is crucial for humans to function properly. Lack of it prevents the brain from thinking clearly, which puts yourself in harms way. 

Seasonal workers can be a huge help to businesses during the Holiday Season, but often times don’t get treated as fairly as full-time workers do. If you have recently suffered a bad injury at work or any other work-related injury, please contact Losi and Gangi at 716-854-1446 for a free consultation. We will make sure you are represented fairly throughout every step of your case.

Article adapted from :

Pre-existing medical conditions and workers' compensation

Will a Pre-Existing Medical Condition Prevent you from Receiving Workers’ Compensation?

By Workers Compensation

August 5, 2021

Workers’ compensation cases are often controversial, and pre-existing medical conditions add to the confusion as to whether or not one is eligible in receiving their claim. Work injuries happen very frequently and are likely to arise from working in physical industries like construction, manufacturing, agriculture, and transportation jobs. Those who have a pre-existing injury are much more at risk to get injured working in these fields than those who do not. 

In the result of a workplace injury, workers’ compensation must be paid. However, employees with pre-existing conditions unfortunately get denied from their work place injury claim far too often. For this reason, we want to make sure you know and understand all of the facts and regulations regarding pre-existing injuries and workers’ compensation. We will also cover how to have a plan of action in the event you encounter a situation where this applies to you or someone you know. It is our goal to help you obtain the compensation you are entitled to. 

What is a Pre-Existing Medical Condition? 

It is important to point out what exactly a pre-existing medical condition is. As defined, a pre-existing medical condition is any condition or injury that existed before the workplace injury. Many people deal with pre-existing medical conditions on a daily basis. Some conditions may be severe and create challenges with everyday tasks such as chronic back pain. 

Contrarily, other pre-existing medical conditions can be as minor as an injury that flares up every once in a while. For instance, a high school ACL tear injury from playing a sport may be healed from surgery, but can act up when you do certain motions or put too much pressure on it.

Pre-Existing Conditions Examined Under the Law

Under New York State law, it is stated that If the condition is due to a previous work-related injury in which you have been receiving workers’ compensation for, then you can be eligible to receive additional workers’ compensation if it is further aggravated or has contributed to another condition.

It can be a tough call to make if you are unsure if your pre-existing condition has become worsened from performing a work-related task. A good rule of thumb to follow is : If your work responsibilities caused the pre-existing condition to once again require care and treatment. Therefore, if you find you need to seek additional medical help, you are most likely experiencing an aggravation of your pre-existing condition. 

How do you prove that Aggravation to a Pre-Existing Injury Happened? 

It is very important that an employee is able to prove that the aggravation happened at work or else they will not be able to receive their additional benefits. In other words, one must need actual proof that their pre-existing condition was made worse from a work related task. It is not good enough to simply state that your pre-existing condition is acting up and bothering you for you to receive the additional workers’ compensation. 

So, what can you do to prove this? One way in which you can accomplish this is by getting medical attention from an experienced workers comp doctor. Documenting your injuries right after the accident is crucial and it will help strengthen your case. Also, you must inform your doctor about any pre-existing conditions and let them know of any symptoms or injuries that have worsened or changed after the accident. 

Finally, you should follow up with your original pre-existing condition treatment provider. This way, you will have a record of your initial report from the injury and be able to point out any new changes or symptoms that occurred since this accident. 

The Degree to which the Injury was Caused by a Work Environment 

There are several scenarios where pre-existing conditions can make it confusing when determining how responsible an employer is for a new injury. Let’s say, for example, a worker gets his hand caught in a machine and now his hand has permanent damage. However, in his previous job, he had already injured this hand and therefore was at a disadvantage working in his current job with limited functionality. 

The question now raised from this scenario is: To what extent is the current job responsible for his permanent hand injury? This will require lawyers as well as an examination from a doctor. it is especially important to analyze the medical records and use them to make a comparison between the new injury as well as the old injury charts. 

Losi & Gangi is here to make sure you get the benefits you are entitled to. If you have any questions regarding pre-existing medical conditions when it comes to reviving workers’ compensation benefits… contact Losi & Gangi to speak with one of our workers’ compensation lawyers at (716) 854-1446


Article Adapted from:

Understanding Workers Compensation: Is Your Injury or Illness Work Related?

By Workers Compensation

If you have recently been injured and are seeking workers compensation benefits, you will have to show that your injury or illness is work related.  Typically, if you were doing something for the benefit of your employer and you became ill or was injured as a result, then your injury or illness can be classified as work related.  You must meet the following eligibility requirements  to receive benefits: 

  • Be an employee 
  • Your employer must carry workers’ comp insurance 
  • You must have a work related injury or illness 
  • You must meet your state’s deadlines for reporting the injury and filing a workers’ comp claim 

Here are some common situations: 

Lunch Breaks

Usually, injuries that happen on an employee’s lunch break are not considered work related.  If you were hurt while eating lunch on the company’s premises (lunchroom or cafeteria) the injury will generally be considered work related unless you were doing something during the lunch break that wasn’t allowed or fell within exceptions to workers’ comp coverage.  

Company Events 

If your company sponsors special events like parties, picnics or sporting games, injuries that occur at these events are usually considered work related.  There can be an exception if the employer doesn’t require their employees to participate in the off-duty events.  


Under the “going and coming rule,” workers comp generally doesn’t cover injuries sustained during your commute to and from work.  There are exceptions to this rule including: 

  • Driving a company vehicle 
  • Required to bring your own car for business use during the work day 
  • Doing special errands for your employer 
  • Traveling on a business trip 
  • An employee who regularly travels for work or doesn’t have a regular fixed work site 


If you were injured while breaking a workplace safety rule or doing something that your employer has prohibited, your injury might still be covered by workers’ comp.  This is part of the workers’ compensation bargain. Employees do not have the right to sue their employer for work-related injuries but those injuries are usually covered by workers’ comp regardless of fault.  There are some exceptions to the rule.  For example, workers’ comp usually doesn’t cover injuries that happen because an employee was under the influence of alcohol or using illegal drugs.  Several states rule our workers’ comp coverage when the injured employees were: 

  • Trying to hurt themselves or someone else 
  • Committing a serious crime 
  • Horseplay
  • Breaking a workplace rule on purpose 

Illness, Cumulative Injuries and Stress-Related Conditions

Workers’ comp may also cover cumulative injuries developed over time (repetitive stress injuries RSIs) occupational diseases and other illnesses resulting from on the job exposure and physical or psychological illness resulting from workplace stress.  In these cases, it may be difficult to prove that the illness or injury is work related especial in the case of infectious diseases like COVID 19.  If a pre-existing condition was irritated at work, it could possibly be considered a workplace injury.  

If you have questions regarding your injury or illness call Losi & Gangi today at 716-854-1446.  Our attorneys will help answer all of your questions and find out whether you might be eligible for benefits under worker’s comp.  

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