An aggravation of a pre-existing condition, either physical or psychological injuries, can be compensable and to the detriment of the current employer. It is not uncommon to see current employers being held liable for pre-existing injuries from previous employment, sport injuries and other non-work related injuries. It is important employers take actions to help minimise the risk of an aggravation occurring.

Workplace incidents can aggravate pre-existing conditions, whether unknown—like spinal degeneration—or known, such as prior trauma.

There are times when an employee was aware of their condition but did not disclose this to their employer. This however does not provide a mechanism in itself to dispute the liability.

So where does the workplace injury start and finish?

The intent of a claim is to get an injured worker back to where they were before the incident. If a claim is lodged for an aggravation then that is what is treated, not the underlying condition.

Qualified specialists, imaging, and medical history guide ongoing liability and treatment assessments throughout the claim.

What can an employer do to minimise exposure?

If an employee discloses a pre-existing condition, assign duties that avoid high aggravation risk.

• Pre-employment Questionnaires are a good way for an employer to assess multiple candidates in terms of suitability to fulfil a role
• Pre-employment Functional Assessments are often used for roles requiring manual handling and can disclose any physical barriers and or limitations.
• WHS Assessments and regular task analysis undertaken by an allied health professional are a great way to minimise potential injuries
• Strength and conditioning programs also provide significant benefit in reducing exposures to physical injuries
• An Employee Assistance Program (EAP) can reduce exposure to psychological conditions

Need help or unsure where to start? Contact our specialists to discuss.