Construction work in New York City is demanding, physical, and often dangerous. When an accident happens, the injuries can be severe, and seeking compensation may become complicated.
One of the most common obstacles injured workers face is the preexisting condition defense, where insurance companies argue that your injuries were not caused by the accident, but by a prior medical issue. This can threaten your ability to recover the money you need to cover medical expenses, lost wages, pain and suffering, and other damages.
The New York construction accident lawyers at Wingate, Russotti, Shapiro, Moses & Halperin, LLP have spent decades advocating for injured workers across New York. With over $2 billion recovered for clients and a reputation for thorough case preparation, we understand how to build strong claims designed to stand up in court.
Understanding the Preexisting Condition Defense
Insurance companies frequently use the preexisting condition argument to limit or deny payouts. They may claim:
- Your injury existed before the accident
- Your symptoms are unrelated to the incident
- The accident did not significantly worsen your condition
What Is Aggravation of a Preexisting Condition
The law does not require you to have been in perfect health before the accident. It only requires that the accident contributed to your current condition.
Under New York law, you are entitled to compensation if a workplace accident worsens or aggravates an existing injury. Even if you had a prior condition, you may still recover damages if:
- The accident made your condition worse
- It accelerated the need for treatment or surgery
- It increased your pain or limited your ability to work
What Is a Third-Party Injury Claim?
Understanding the difference between workers’ compensation and personal injury claims is essential when dealing with preexisting condition disputes.
Workers’ compensation provides benefits regardless of fault, including medical treatment and partial wage replacement. But you may find it to be insufficient to cover the full impact of a workplace injury.
In many NYC construction cases, injured workers can pursue claims against third parties. A third-party injury claim is a type of personal injury lawsuit that an injured construction worker can file against someone other than their employer when that party’s negligence contributed to the accident.
This may include:
- Property owners
- General contractors
- Vehicle drivers
- Equipment vendors
Damages Available in Third-Party Claims
A third-party claim can open the door to significantly broader compensation than workers’ compensation alone. These damages are meant to fully account for how the injury has affected your life, both financially and personally.
This may include:
- Full lost wages
- Loss of future earning capacity
- Medical expenses
- Rehabilitation and long-term care
- Pain and suffering.
- Loss of enjoyment of life
The Role of Labor Law 240 and 241
New York’s Labor Laws provide powerful protection for New York City construction workers. Often called the Scaffold Law, Labor Law 240 cases involve gravity-related hazards, such as:
- Falls from scaffolds or ladders
- Falling objects
This law imposes strict liability on certain parties, meaning they can be held responsible regardless of fault. These laws are particularly important when facing a preexisting condition defense, because they shift the focus toward safety violations and away from attempts to blame your medical history.
Proving Causation in New York Construction Injury Cases
At the heart of any personal injury claim is proving causation, which means showing that the accident caused or worsened your condition. This requires a detailed and strategic approach.
Medical Records
Your medical history plays a critical role. Wingate, Russotti, Shapiro, Moses & Halperin, LLP will analyze pre-accident records to establish your baseline condition and compare them to post-accident records showing new or worsened symptoms
Expert Medical Testimony
Medical expert testimony is often essential in countering insurance company arguments. These witnesses can explain:
- How the accident aggravated your condition
- Why your current symptoms are consistent with the incident
- Whether your injuries would have progressed without the accident
Accident Reports and Evidence
Documentation from the scene such as incident reports, photos, and witness statements helps establish what happened and how it could have caused your injuries.
Timeline of Symptoms
A well-documented timeline can be powerful evidence. If your symptoms worsened immediately after the accident, it strengthens the connection between the incident and your condition.
Strategies for Overcoming the Preexisting Condition Defense
At WRSMH, our New York City Construction Accident Lawyers take a comprehensive approach to challenging allegations that your injuries are the result of a preexisting condition.
- Building a Strong Medical Narrative. We connect your medical history, accident details, and current condition into a clear and compelling story.
- Highlighting Legal Protections. We leverage laws like Labor Law 240 construction injury to focus on safety violations rather than your medical history.
- Preparing Every Case Thoroughly. Our philosophy is to prepare every case as if it will go to trial, ensuring no detail is overlooked.
Speak With an Experienced NYC Construction Accident Attorney
Wingate, Russotti, Shapiro, Moses & Halperin, LLP is committed to protecting injured NYC construction workers and holding responsible parties accountable. We understand how to handle complex cases involving serious construction accidents.
Call (212) 986-7353 today for a free consultation.
FAQs About NYC Construction Accident Claims and Preexisting Conditions
What is a preexisting condition in a construction injury case?
A preexisting condition is any injury, illness, or medical issue you had before your construction accident. Insurance companies often use this to argue that your current condition is not related to the workplace incident.
Can I still recover compensation if I had a prior injury?
Yes. New York law allows you to recover compensation if a workplace accident caused an aggravation of injury construction accident. Even if you had a prior condition, you may still be entitled to damages if the accident made it worse.
How do attorneys prove that an accident caused or worsened my injury?
NYC personal injury attorneys focus on proving causation injury through medical records, expert testimony, accident reports, and timelines showing how your symptoms changed after the incident.
What should I do if my claim is denied due to a preexisting condition?
If you are facing a denied injury claim due to a preexisting condition, it is important to speak with an experienced New York City construction accident lawyer right away. They can evaluate your case, gather evidence, and build a strategy to challenge the denial and protect your rights.