When dealing with pre-existing injuries in the context of a workers compensation claim, it is crucial to seek legal advice to navigate the complexities and ensure your rights are protected.

Understanding Pre-Existing Injury Workers Compensation

Navigating the intricacies of workers compensation can be challenging, especially when dealing with pre-existing injuries. Workers compensation covers not only newly sustained injuries but also the recurrence, aggravation, acceleration, exacerbation, or deterioration of pre-existing injuries or conditions. This inclusive approach ensures that workers receive fair treatment and necessary support regardless of their medical history. The worker’s employment must be a significant contributing factor to the aggravation of a pre-existing injury when making a worker's compensation claim in order to be compensable.

Claiming WorkCover for a Pre-Existing Injury

If you have a pre-existing injury that has been aggravated at work, you are entitled to claim WorkCover benefits. To strengthen your claim, it is crucial to gather comprehensive medical documentation detailing your pre-existing condition and how the injury has worsened due to your current employment. This report should come from a qualified healthcare provider who can provide a thorough assessment. Seeking legal advice from a workers compensation lawyer can also help you understand your rights and ensure that all legal protocols are followed correctly. Additionally, it is essential to ensure that all incidents exacerbating your condition are promptly reported to your employer.

Implications of Aggravating a Pre-Existing Condition at Work

When a pre-existing injury is aggravated at work, the worker’s compensation process involves assessing how the work duties contributed to the worsening condition. A treating doctor plays a crucial role in providing WorkCover medical certificates and identifying pre-existing conditions. It is crucial to seek legal advice to navigate the complexities of the worker's compensation process when a pre-existing injury is aggravated at work.

Workers compensation laws protect workers by providing financial and medical support under these circumstances. A thorough evaluation by medical specialists is necessary to compare your condition before and after the aggravation.

Eligibility for WorkCover Claims for Old Injuries

You can file a worker's compensation claim for a prior injury if it is aggravated by your current job. The claim process requires clear evidence linking your current work activities to the aggravation of your old injury. Providing a detailed medical history to demonstrate the pre-existing nature of your injury and the recent aggravation is essential. It is also important to inform your employer about your injury as soon as possible and ensure that all incidents are officially logged.

Importance of Declaring Pre-Existing Injuries to Employers

Disclosing pre-existing injuries to a new or prospective employer is crucial. If asked, you must declare any pre-existing conditions that could be affected by your new job role. Failure to do so can impact your eligibility for WorkCover benefits under the legislation. Being upfront about your medical history during employment applications ensures transparency and protects your rights. Understanding that non-disclosure can lead to complications in claiming workers compensation if your injury is exacerbated is essential for maintaining eligibility for benefits. Additionally, disclosing pre-existing conditions is important when making a personal injury claim to minimise the impact on your case and navigate the insurance process effectively, especially if an injury gets worse.

Claiming Workers Compensation for the Same Injury Twice

You can claim workers compensation for the same injury more than once if the injury has been aggravated, accelerated, exacerbated, or deteriorated due to work, even if it is part of an existing claim. Each claim must be substantiated with evidence showing how the work environment contributed to the injury of worse condition. Providing a detailed medical history and updated medical reports can help demonstrate the changes in your condition and the connection to your work activities. In some cases, it may not be beneficial to lodge an additional claim. You should seek legal advice before lodging any claim relating to an aggravation of a prior injury.

Defining and Understanding Pre-Existing Injuries

A pre-existing injury refers to any injury or medical condition that existed before a new incident at work. This can include chronic conditions, previous injuries, or illnesses. Workers compensation laws ensure that these conditions are considered when assessing claims for aggravated injuries. Understanding the definition of pre-existing injuries helps in accurately documenting and reporting them for workers compensation claims. Pre-existing injuries can impact the acceptance of a worker's compensation claim, as insurance companies may decline claims if these injuries are not properly disclosed.

Reopening a WorkCover Claim

A WorkCover claim can be reopened if there is a recurrence or aggravation of the original injury. To reopen a claim, you must provide new medical evidence demonstrating the change in your condition and its connection to your work. Obtaining recent medical evaluations that reflect the current state of your injury is crucial. Consulting with a workers compensation lawyer can help navigate the reopening process effectively, ensuring that all legal requirements are met. It is also important to seek legal advice to navigate the reopening process effectively, especially when dealing with complexities such as a declined claim or a pre-existing condition.

Understanding Recurrence of Injury in Workers Compensation

A recurrence of injury in workers compensation refers to the return of symptoms or worsening of an injury that was previously stabilised. To claim for a recurrence, you must show evidence that the symptoms or condition are directly related to the original injury. Documenting how work activities have contributed to the recurrence and how they have made the injury worse, along with providing detailed reports, can help support your claim. Understanding the connection between your work activities and the recurrence of your injury is essential for a successful workers compensation claim.

Impact of WorkCover Claims on Future Employment

Filing a WorkCover claim should not negatively affect your future employment prospects. Employers are generally prohibited from discriminating against employees based on their medical conditions. Understanding your rights under employment and discrimination laws can help protect yourself from potential biases.

So Can I Still Claim with a Pre-Existing Injury?

The short answer is, yes. An injury suffered at work does not have to be a completely new problem. The definition of injury includes a recurrence, aggravation, acceleration, exacerbation or deterioration of any pre-existing injury or disease. It does not matter whether the pre-existing injury or disease was work-related or not.

If you have a work related injury, and you have another incident either with the same or a new employer that either makes your injury:

• recur – This term refers to a situation where a pre-existing injury happens again, just as it did before. For example, if you previously had a back injury that healed but later, due to your current work activities, you experience the same back pain or injury again, it is considered a recurrence.
• be aggravated – This means that the pre-existing injury has worsened compared to its prior state. For instance, if you had a mild shoulder injury that caused occasional discomfort, but after performing certain tasks at work, the pain becomes more frequent and severe, this worsening condition is an aggravation.
• be accelerated – Acceleration of an injury refers to the condition worsening at a faster rate than it would have naturally. For example, if you have a degenerative knee condition expected to deteriorate over ten years, but due to your job activities, it worsens significantly within five years, the injury has been accelerated.
• be exacerbated – Exacerbation occurs when the consequences or symptoms of a pre-existing injury become more severe. For instance, if you had a pre-existing respiratory condition that caused mild shortness of breath, but after being exposed to certain workplace conditions, you start experiencing severe breathing difficulties, this is considered an exacerbation.
• deteriorate – Deterioration means the condition has caused new or worse symptoms than before. For example, if you had a minor wrist injury that caused slight pain but after repetitive tasks at work, the injury progresses to severe pain and reduced mobility, it indicates the injury has deteriorated.

then you may need to lodge a new WorkCover claim.

If there was no incident or nothing happened to make your injury worse, then this would be a continuation of an existing injury and be under your original claim.

If you have a pre-existing injury that did not happen at work, you are still eligible to claim WorkCover if the recurrence, aggravation, acceleration, exacerbation or deterioration is work-related. This will often have to be determined by a doctor, who will have to give a written opinion about whether they believe something did happen at work to cause the recurrence, aggravation, acceleration, exacerbation or deterioration. They will need to know information about your injury history to be able to give this opinion.

At Redlich's Work Injury Lawyers we are often asked whether a pre-existing injury has to be declared to a new or prospective employer. The answer is always yes, if you are asked. This is because if you are asked to disclose all pre-existing injuries and diseases that you know of that may be affected by the proposed employment, and you don’t, and re-injure yourself, then you will not be entitled to WorkCover compensation.

If you need more help understanding work injury claims, our WorkCover FAQ section could be helpful.

Conclusion

Understanding the complexities of workers compensation for pre-existing injuries is essential for ensuring fair treatment and adequate support. Whether dealing with a recurrence, aggravation, or exacerbation of an old injury, thorough documentation and prompt reporting are key to a successful claim. By being transparent with employers and seeking appropriate legal and medical advice, workers can navigate the compensation process effectively and secure the benefits they deserve.

If you or a loved one has been injured at work, it is important to get legal advice about your rights and entitlements as soon as possible. To arrange your free initial consultation and speak to a lawyer, contact us on (03) 9321 9988 or submit an online enquiry today.