Workers’ compensation claims can become complex when pre-existing conditions are involved. A pre-existing condition refers to any illness, injury, or health issue that existed before a workplace incident. These may include chronic illnesses, old sports injuries, degenerative diseases, or mental health conditions.
Understanding how these conditions impact claims is essential for both employers and employees.
Workers’ compensation law recognises that aggravating a pre-existing condition can be compensable, whether physical or psychological, even if the condition was previously unknown.
There are times when an employee was aware of their condition but did not disclose this. 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.
With using qualified specialists, imaging & medical history, on-going liability and treatment requirements continue to be assessed for the duration of the claim.
What can an employer do to minimise exposure?
Disclosing a pre-existing condition, then ensuring the duties being provided are not a high risk of causing an aggravation.
- Pre-employment Questionnaires are a good strategy to enable 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 or related. Often a good
- 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 people specialists to discuss.