You could be eligible to make a workers’ compensation claim when your job worsens a pre-existing injury. However, this type of personal injury claim can be quite challenging, as you must prove that your employment was a significant contributing factor to the aggravation of an old medical condition.
Our legal guide to WorkCover claims for old injuries explains:
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The Workers Compensation Lawyer QLD offers a free case review for legal matters affecting an employee’s health, including aggravation of a pre-existing condition. Our WorkCover legal team can explain if you may be entitled to compensation and the available benefits, once approved.
Furthermore, all 100% no-win, no-fee lawyers offer a no-financial-risk guarantee. Pay for a win and zero if you lose. It’s free to learn where you stand. Call 1800 575 023
WorkCover is the name of the QLD workers’ compensation scheme that can help employees who experience work-related injuries or medical conditions, regardless of whether it’s a new one aggravation of a pre-existing condition. The main goal of the plan is to make sure:
All employers must have workers’ compensation insurance to protect the interests of employees who suffer accelerated, worsened or aggravated injuries. As a result, they can be eligible to make a compensation claim and receive WorkCover benefits.
Section 571A of The Workers’ Compensation and Rehabilitation Act 2003 (Qld) defines a pre-existing injury or condition as:
Workers’ compensation legislation covers both new injuries and pre-existing injuries or medical conditions that have been:
Under certain circumstances, employers may be liable for compensation when specific legal criteria are met.
If you have a pre-existing injury that has been aggravated because of your work duties or a work-related incident, you may be able to file a new claim for WorkCover benefits. For this kind of personal injury claim, you need strong medical evidence that:
To have a successful claim, first you need to report the aggravation or recurrence to your employer as soon as possible and ensure it is logged in the register of injuries. You will also need the following:
NOTE: Once you have an accepted WorkCover claim, you usually are not required to pay any legal costs. You also have the right to seek legal counsel from an experienced work injury lawyer.
If you have aggravated a pre-existing condition at your job (or during work-related duties), making a workers’ compensation claim requires proving how your work duties made your old condition worse. This process is the same whether you have an existing physical or psychological injury.
Employees are legally obligated to tell the truth about pre-existing medical conditions when applying for a job with a new employer. Specifically, any pre-existing injuries or illnesses that could impact your capacity to do your work duties. Non-disclosure can result in your WorkCover claim being rejected or denied.
A new employer also has obligations to do the following:
In Queensland, you can be eligible to claim workers’ compensation benefits for the same psychological or physical injury more than once. This can happen when:
NOTE: It may not help your situation to lodge more than one claim. You can speak with a work injury lawyer about your options when you experience aggravation of a prior injury.
A pre-existing injury is considered to be any injury, illness or medical condition that existed before there was a new incident at work.
An old injury can be worsened by a work-related incident in one of five ways.
The exception to the above is when there was no new incident that made a previous condition worse, in which case there may be a continuation of an original claim.
You could reopen a WorkCover claim when an original injury has been aggravated or exacerbated, and this occurs at work.
First, all incidents that exacerbate a pre-existing condition should be reported to your employer within 30 days. Then, the time limit to lodge a claim for WorkCover benefits is generally within 6 months of the injury.
Prospective employers have a legal obligation to manage workplace risks that could impact pre-existing injuries and medical conditions. During the employment process they should follow specific steps, particularly when recruiting new employees
Non-disclosure by employers or prospective workers is likely to impact any future workers’ compensation claims and entitlements. In fact, properly disclosed information of any existing injuries, diseases or other applicable medical conditions by all parties can:
There should be no impact on future employment after making a WorkCover claim. That’s because employers are generally not allowed to discriminate based on the medical history of prospective workers.
You should be aware of your rights under Australian discrimination laws if your medical treatment history prevents you from being employed.
In Queensland, you have the right to seek legal advice before proceeding with a workers’ compensation claim for aggravation of a pre-existing condition. A qualified workers’ compensation lawyer can help you understand:
Workers Compensation Lawyers QLD offers a free initial consultation for employees who have been injured in the course of their employment, including those who have suffered aggravation from a pre-existing injury, disease, or illness.
We fund all our WorkCover compensation legal services on a 100% no-win, no-fee basis. Pay for a win and nothing if you lose. Call 1800 575 023
A pre-existing injury is considered to be any injury, illness or medical condition that existed before there was a new incident at work.
It is highly unlikely that you can claim for a work injury after five years because:
There may be a rare exception for:
An old back injury can be aggravated in multiple circumstances, which can then worsen the condition.
This means the new incident makes the pre-existing condition more severe in relation to its prior state, causing further medical problems or disability.
