There is an expression used by insurers ‘you take your worker as you find them’. In workers compensation, often the current employer can be held liable for an injury or condition from previous employment or sport injury or the likes.
In defining what is an injury, the workers compensation legislation makes note that an aggravation of pre-existing condition’s can be compensable. This is relevant to both physical and psychological injuries. An aggravation can occur in the workplace for a pre-existing condition that is often unknown by the employee such as degeneration of the spine resulting in a back injury or an employee that has previously experienced a trauma which is aggravated by an incident in the workplace.
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?
Should an employee disclose a pre-exsting condition then ensure 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.