In the context of workers’ compensation, a pre-existing condition refers to a medical condition or injury that an employee had prior to their employment or that existed before a workplace incident occurred. These conditions can include chronic illnesses, prior injuries, or other health issues that the worker had before the workplace incident.
Pre-existing Conditions
When an employee files a workers’ compensation claim related to a workplace injury or illness, the presence of a pre-existing condition can become complicated. Pre-existing conditions may affect the determination of liability, the extent of compensation, or the eligibility for certain benefits.
Workers’ compensation legislation across the Australian states & territories is different however laws typically consider pre-existing conditions when assessing claims. The presence of a pre-existing condition may not necessarily disqualify an employee from receiving compensation, however, it could influence the amount or type of benefits the worker is entitled to.
Aggravation of Pre-existing Conditions
An aggravation of a pre-existing condition refers to a situation where a workplace injury or incident worsens or exacerbates an existing medical condition or injury that the worker had before the workplace incident.
When an employee with a pre-existing condition experiences an aggravation of that condition due to a workplace incident, they may be eligible for workers’ compensation benefits. Determining the extent to which the workplace incident aggravated the pre-existing condition can also be complex and may involve medical assessments and legal considerations.
Employers and insurers typically assess claims involving the aggravation of pre-existing conditions to determine the extent of liability and the appropriate compensation to be provided to the injured worker. This assessment may take into account medical evidence, including opinions from healthcare professionals, to establish the link between the workplace incident and the aggravation of the pre-existing condition.
Need help?
Our team specialise in helping businesses of all sizes successfully navigate workers compensation legislation & matters across Australia. Contact us to explore how we can help you.
For further information, please refer:
Source: SafeWork
Title: Disclosure of pre-existing injuries or medical conditions
Read time: 5+ minutes
Source: SIRA
Read time: 5+ minutes
Source: WorkSafe Victoria
Title: Define an Injury
Read time: 5+ minutes