Can a Pre-existing Condition Affect a Workers Compensation Claim?
Have you suffered an injury at work, but dismissed making a claim because you think that it was already aggravated by a previous injury? Perhaps you think it would be hard to prove which one caused the main damage. What if the previous injury was nothing to do with work?Surprisingly, this is more common than you may think.For example, one of our clients injured her left shoulder in a work injury which resulted in a tear. She has developed pain in her right shoulder and back due to overcompensating for the injury in the left shoulder. She had a previous injury to her right shoulder from a past cycling accident where she fell off her bike and landed on her right shoulder back in 2007. The most recent injury has now aggravated her previous right shoulder injury and will form a part of her current claim as a consequential injury and she can claim treatment for those injuries.
Will Workers Compensation cover a Pre-existing injury?
If you have been hurt while at work you are still entitled to make a workers compensation claim, even if it stems from a previous injury or is classed as a pre-existing condition.You will need to show certain things to prove that the pre-existing condition was made worse (or aggravated) by your role within your employment and that it was a 'significant contributing factor' to the injury.Make sure that you gather and keep all your medical records which include reports and assessments from your medical appointments. Be clear to all that attend to you that the injury was impacted by your role and that the injury was worsened due to the course of employment.
Can you claim for the same injury twice?
It is important to note the distinction between an aggravation of a previous work-related injury and a new work-related injury involving the same body parts.Your doctor, your employer, and the team at Walker Law Group can assist you in determining whether you need to complete the paperwork for an aggravation/worsening claim, or submit a new workers’ compensation claim.
What is considered a pre-existing injury?
A pre-existing injury is an ailment, illness or condition where it can be proven by a medical adviser that the injury occurred before the current course of employment ???Let's take a look at what the law says?
Workplace Injury Management and Workers Compensation Act 1998 - Section 323
Deduction for previous injury or pre-existing condition or abnormality.
Section 323 Details any consideration for deduction for previous injuries or pre-existing conditions or abnormalities
Austlii outlines the following:-(1) In assessing the degree of permanent impairment resulting from an injury, there is to be a deduction for any proportion of the impairment that is due to any previous injury (whether or not it is an injury for which compensation has been paid or is payable under Division 4 of Part 3 of the 1987 Act) or that is due to any pre-existing condition or abnormality.(2) If the extent of a deduction under this section (or a part of it) will be difficult or costly to determine (because, for example, of the absence of medical evidence), it is to be assumed (for the purpose of avoiding disputation) that the deduction (or the relevant part of it) is 10% of the impairment, unless this assumption is at odds with the available evidence.(3) The reference in subsection (2) to medical evidence is a reference to medical evidence accepted or preferred by the medical assessor in connection with the medical assessment of the matter.(4) The Workers Compensation Guidelines may make provision for or with respect to the determination of the deduction required by this section.
