If your work has aggravated or exacerbated your condition, you can still lodge a workers comp claim.
If you have a pre-existing condition, you can still lodge a workers compensation claim as long as you are able to prove that your work contributed to the worsening of your condition.
You will need to demonstrate that your employment was a significant contributing factor to this change by:
- Ensuring your doctor's reports clearly explain how your work has impacted your condition.
- Obtaining regular certificates of capacity (COCs) to document your treatment needs, work capacity, and any delays in recovery.
Below are two examples of workers comp claims lodged by injured workers with pre-existing conditions that were approved.
*All names have been changed to protect the privacy of the people involved.
Example 1: Aggravation of Pre-Existing Anxiety and Depression Due to Workplace Bullying
Marina, an employee at a large global company, had a pre-existing history of anxiety and depression. Over time, she experienced significant stress at work due to excessive workload, staff shortages, and ongoing bullying by her manager, who regularly criticised her performance and created a hostile work environment. This led to a worsening of her mental health condition, including increased anxiety and depression.
Marina sought medical help and lodged a workers compensation claim for the aggravation of her pre-existing psychological condition. Her claim was accepted, as her employment was found to be a significant contributing factor to the deterioration of her mental health. Workers compensation covered her treatment and provided financial support during her recovery.
Example 2: Aggravation of Pre-Existing Back Condition Due to a Workplace Incident
Jacob, an employee, had a pre-existing degenerative lumbar spine condition that was initially asymptomatic. While working, he slipped and fell, which aggravated this condition.
Despite his lumbar spine issue being a pre-existing condition, the fall at work was determined to be the main contributing factor to its worsening. As a result, Jacob was awarded workers compensation for the aggravation of his physical back injury, which led to an assessment of his permanent impairment.