Suffering an injury while on the job can be physically painful, emotionally taxing, and financially draining. Workers’ compensation exists to ease that burden, covering medical expenses, lost wages, and rehabilitation. But what happens when your injury isn’t brand new, and instead is a worsening of a condition you’ve dealt with before? Are you still entitled to compensation?
In many cases, the answer is yes. Aggravations of pre-existing injuries can still qualify for workers’ compensation benefits under Australian law, but proving your case and understanding the process is key.
Below, we break down the essential information you need to know if you’re dealing with a flare-up or worsening of an old injury while at work.
Understanding Workers’ Compensation and Pre-Existing Conditions
Workers’ compensation schemes, such as WorkCover in Queensland, are designed to protect employees who suffer injuries in the course of their employment. Importantly, the law recognises that not all injuries are new. Many workers may already be managing conditions—such as back pain, joint problems, or repetitive strain injuries—before starting a job or during ongoing employment.
According to legislation, employees are eligible to claim compensation if their work leads to the:
- Aggravation – Worsening of a previously stable condition;
- Recurrence – Return of symptoms after a period of recovery;
- Exacerbation – Increase in severity of an ongoing issue;
- Acceleration – Faster progression of a condition due to work;
- Deterioration – General decline in health as a result of job-related activities.
The critical legal requirement is this: your employment must be shown to have significantly contributed to the aggravation or deterioration of your condition. If you can demonstrate this connection with evidence, you may have a valid claim—even if the initial injury occurred years ago.
Does It Matter Where the Original Injury Happened?
One of the most common concerns among injured workers is whether the origin of their injury will disqualify them from compensation. If your initial injury occurred:
- At home;
- While playing sport;
- During a previous job;
- Or in any non-work-related scenario,
You can still be eligible for compensation if the current aggravation happened at work and was caused by your job duties.
Let’s say you injured your knee playing football years ago, and it was mostly under control. If your current role requires heavy lifting or repetitive movement and that causes your knee to flare up, you may still qualify for compensation. What matters is not the history of the injury, but the work-related event or task that made it worse.
To support your claim, medical documentation that links your job activities to the current aggravation will be vital.
Aggravating a Pre-Existing Injury While Working from Home
With the rise of remote and hybrid work, many employees now perform their duties from home. But does workers’ compensation still apply if an injury flares up in your home office?
The answer is: yes, if the injury is aggravated while performing work-related duties.
To be eligible, you must be:
- Working within your usual hours;
- Performing tasks assigned by your employer;
- Using equipment or environments approved for your job.
For example, if you suffer a back injury while sitting in an ergonomically poor setup provided by your employer, and that worsens an existing condition, a claim may be possible. But if the aggravation occurs while doing non-work-related activities (like moving furniture or gardening), even during your work hours, that may disqualify you.
Each case is assessed individually, and the specifics of your work-from-home setup can make or break your claim. Legal advice is recommended to assess the strength of your position.
What If the Initial Injury Was Work-Related Too?
In situations where the original injury also occurred at work, and you previously received compensation, your path may be a little different.
You might not need to lodge a brand-new claim. Instead, it may be possible to:
- Reopen the original claim;
- Extend the benefits period;
- Or file a new claim, depending on the circumstances.
Reinstating the original claim usually involves providing medical evidence that shows the condition has worsened due to current work duties. However, some WorkCover insurers may require a new claim to be lodged, particularly if a significant amount of time has passed or your employment circumstances have changed.
Your doctor’s assessment, combined with an independent medical evaluation, will likely be needed to move forward with either option.
Situations Where Compensation May Be Denied
Not all aggravations of old injuries qualify for workers’ compensation. The context in which the injury worsens plays a crucial role.
If the aggravation occurs:
- During personal time;
- While doing non-work-related physical activity;
- As a result of unrelated medical issues;
…your claim is likely to be rejected.
For example, if you originally injured your back while lifting boxes at work, but then re-injured it while landscaping your backyard, your current employer is unlikely to be held responsible for that aggravation.
In short, the injury must be linked directly to your work duties and happen within the scope of your employment.
What If WorkCover Rejects My Claim?
A rejected claim can be disheartening, but it doesn’t have to be the end of the road. If WorkCover denies your application for a pre-existing injury claim, you may still have legal avenues available.
One option is to pursue a common law claim against your employer, rather than continuing under the statutory WorkCover system.
To be successful, you must prove:
- The injury is serious and has resulted in long-term consequences;
- Your employer failed in their duty of care—whether through unsafe work practices, inadequate training, or failure to accommodate your condition;
- The aggravation of your injury was directly caused by this negligence.
Common law claims typically involve court proceedings and require detailed evidence. This may include:
- Medical reports comparing your condition before and after the aggravation;
- Witness testimony;
- Workplace safety documentation;
- Expert legal analysis.
Because these claims can be complex and carry stricter standards of proof, consulting a legal professional is essential.
Next Steps: Speak With a Personal Injury Lawyer
If you’ve experienced a worsening of a pre-existing condition as a result of your job, you don’t need to navigate the claims process alone. Workers’ compensation can offer vital support while you recover—even if your injury isn’t new.
Here’s what you should do:
- Report your injury to your employer as soon as possible;
- Visit a doctor and request a Work Capacity Certificate;
- Document the incident, including the date, activity, and symptoms;
- Seek legal advice to determine whether to lodge a new claim, reopen an existing one, or pursue common law damages.
Need Help With a Work Injury Claim?
Our experienced personal injury lawyers are here to help you understand your rights and entitlements. Whether your injury is new or a recurrence of a past issue, we’ll provide clear guidance on the best path forward, so you can focus on recovery.
Contact us today for a free consultation.