Seeking Workers Compensation for Pre-existing Injuries

Overview of Workers’ Compensation

Workers’ compensation is an insurance policy that enterprises obtain to protect themselves in the event of a workplace incident resulting in an employee injury. It offers benefits like compensation for lost wages, medical costs and, in certain cases, a lump-sum payment for permanent impairment.

However, the concept is more intricate than it initially appears, particularly when accounting for employees who commence their roles with pre-existing injuries that could be exacerbated by their work or those who recover from an injury only to suffer another later. Navigating the realm of workers’ compensation can present challenges.

You can indeed file a workers’ compensation claim for a pre-existing injury that your current employment aggravates. But, bear in mind, such a claim process is more complex, often leading to rejections—an excellent reason to seek advice to ascertain your specific entitlements.

Understanding Pre-existing Conditions

Pre-existing injury definitions vary across each Australian state and territory in the context of workers’ compensation law. Typically, it refers to an injury or condition that existed before engaging in a role, which might get aggravated due to the nature of the tasks involved.

For instance, having a pre-existing shoulder injury while undertaking a job that includes heavy-lifting would be classified as such. Over time, this could also apply if you sustain an injury at work, recover from it, and then suffer another similar injury.

In this context, it’s crucial to understand key terminologies:

  • Recur: A pre-existing injury or condition reoccurs, much like before
  • Aggravate: A pre-existing injury or condition worsens compared to its prior state
  • Accelerate: A pre-existing injury or condition deteriorates quicker because of your job
  • Exacerbate: Symptoms or consequences of a pre-existing injury or condition become increasingly severe
  • Deteriorate: A pre-existing injury or condition develops new or worse symptoms than earlier.

Pre-existing Injuries and Workers’ Compensation: Are They Covered?

Yes, they are. Workers’ compensation isn’t limited to just new injuries; it also encompasses recurring, aggravated, accelerated, exacerbated, and deteriorated pre-existing injuries or conditions.

Disclosure of Pre-existing Conditions

When applying for a job, employers can inquire about any pre-existing injuries or conditions which could potentially worsen due to the job’s duties. It’s advisable to disclose this upfront even if not asked directly. Concealing such information may impact eligibility for a workers’ compensation claim if a pre-existing condition worsens while at work.

Rights and Responsibilities of Employers

During the hiring process, prospective employers can decide to ask you about any pre-existing injuries or conditions that the job might aggravate. They must request this information in writing, providing a detailed list of responsibilities related to your role. They must caution you about the potential loss of entitlement to workers’ compensation or damages if you fail to disclose any relevant conditions or provide misleading information.

However, employers must respect your privacy and not disclose your medical information without consent or use it for purposes other than the employment process.

Claims Concerning Pre-existing Injuries

Having a pre-existing injury or condition doesn’t preclude you from making a workers’ compensation claim. This stands true whether the original injury occurred at work or elsewhere.

To make a successful claim, you must provide:

  • Proof of being a worker at the time of injury
  • Evidence that you had a pre-existing injury
  • Confirmation that your condition recurred, deteriorated, or was aggravated or exacerbated
  • Evidence that your work substantially contributed to the worsening of your injury

Claims involving pre-existing conditions are scrutinized meticulously. Ensuring a successful claim typically involves providing medical reports from your doctor, indicating how your job is exacerbating your condition.

What if You Fail to Disclose Your Pre-Existing Condition?

Neglecting to disclose any pre-existing injuries or conditions could impact your eligibility for benefits later. Certain circumstances, however, might still allow you to claim.

For instance, if you were hired before you were made aware of the condition or before you informed your employer, you could still be eligible.

And in circumstances where a claim is denied due to failure of full disclosure, you could still gain access to income protection payments or total and permanent disability payment through your superannuation, as long as you meet the criteria. These are both no-fault claims.

Remember, it’s crucial not to assume ineligibility for any compensation or benefits. Always seek professional legal advice.

How Cairns Injury Lawyers Can Assist

Having a pre-existing injury or condition doesn’t automatically render you ineligible for workers’ compensation if your job aggravates that injury. But it undoubtedly complicates the claim process. With years of experience in this area, we are here to help. Contact us for a free, no-obligation discussion about how we can assist you.

 

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