Can You Get WorkCover for a Pre-Existing Injury?
Injured your back at work, but you’ve had back problems before? You’re not alone — and you might be surprised to learn that a pre-existing condition doesn’t automatically disqualify you from receiving WorkCover benefits in Queensland.
According to Queensland’s Workers’ Compensation and Rehabilitation Act 2003, you can absolutely claim WorkCover for an injury that aggravates a pre-existing condition, as long as your work was a significant contributing factor.
Quick Answers
- Yes, you can claim WorkCover for a pre-existing injury if your work aggravated, worsened, or accelerated the condition
- Your employment must be a significant contributing factor to the aggravation
- You need to prove the work-related incident made your condition worse, not just caused general discomfort
- Medical documentation linking your work duties to the worsening condition is crucial
- Being honest about pre-existing conditions during the claims process protects your entitlements
What Queensland Law Says About Pre-Existing Injuries
Under Queensland legislation, workers are entitled to compensation for the “recurrence, aggravation, acceleration, exacerbation or deterioration” of any pre-existing injury or condition. The key requirement? Your work must have significantly contributed to making the condition worse.
This means if you had a dodgy knee from playing footy 10 years ago, and repetitive stair climbing at your current job has made it painful enough that you can’t work, you’re likely eligible for WorkCover, even though the original injury wasn’t work-related.
Where Your Original Injury Happened Doesn’t Matter
Here’s what many people get wrong: they think because their injury first occurred at home, on the sporting field, or in a car accident, they can’t claim WorkCover. That’s not true.
WorkCover Queensland doesn’t care where or how your original injury happened. What matters is whether your current work duties aggravated the condition and caused you to need time off or medical treatment.
For example, if you injured your shoulder in a motorcycle accident five years ago, but heavy lifting at your warehouse job has made it significantly worse, you may be able to claim WorkCover for the aggravation.
Working From Home? You’re Still Covered
If you aggravated a pre-existing injury while working from home during your regular employment duties, you should still be entitled to WorkCover payments. Each case is reviewed individually, but the principle remains the same: if it happened during the course of your employment, it’s covered.
What If You’ve Already Claimed WorkCover for the Same Injury?
This situation is more complex. If you previously received WorkCover for an injury at work and it flares up again while doing your job, you may not need to lodge an entirely new claim.
You can often seek reinstatement of your original claim through your WorkCover insurer. However, some insurers prefer a fresh claim to be lodged. This is where speaking with experienced WorkCover claim lawyers becomes valuable — they’ll know the best approach for your specific situation.
Important distinction: If your old work injury was aggravated outside of work (say, your work-related back injury flared up while gardening at home on the weekend), you’re unlikely to be eligible for further WorkCover entitlements because the aggravation occurred outside your employment duties.
The Documentation You’ll Need
Claims involving pre-existing conditions typically take longer to process than those involving straightforward injuries. Usually, aggravations of pre-existing medical conditions require more investigation including questions of causation, requiring comprehensive medical reports, imaging scans and a review of prior medical history.
You’ll need:
- A work capacity certificate from your treating doctor
- Medical records showing your condition before the work-related aggravation
- Medical evidence demonstrating how your work made the condition worse
- Incident reports or witness statements (if applicable)
The stronger your medical evidence linking your work duties to the worsening condition, the better your chances of claim acceptance. WorkCover has 20 business days to decide on your claim, though complex cases may take longer.
Be Honest About Your Medical History
Here’s critical advice: never hide a pre-existing condition when making a WorkCover claim. Under section 571C of the Workers’ Compensation and Rehabilitation Act, knowingly providing false or misleading information about pre-existing conditions can result in you losing your entitlement to compensation entirely.
Being upfront about your medical history actually strengthens your claim — it shows you understand the difference between your original condition and how work has made it worse.
If WorkCover Rejects Your Claim
If WorkCover denies your claim based on your pre-existing injury, you have options.
If you wish to appeal WorkCover’s decision, you can request a review of the decision from the Workers’ Compensation Regulator. If you wish to appeal to the Workers’ Compensation Regulator, you must lodge the appeal within three (3) months of the date of WorkCover’s decision. If you do not do so, you will be barred from reviewing the decision on your claim with WorkCover Queensland.
Alternatively, you may be able to bring a common law claim against your employer if you can prove the aggravation was caused by their negligence.
If you wish to proceed with a common law claim, you must lodge a complying Notice of Claim for Damages against your Employer and WorkCover Queensland, or issue proceedings, or extend the limitation date within three (3) years of the date of the accident. If you do not do so, you will be barred from proceeding with a common law claim.
Data from WorkSafe Queensland shows the average settlement for finalised common law claims in 2023-2024 was $187,656, though amounts vary significantly based on individual circumstances.
Common law claims require proving that your employer’s fault or negligence contributed to your injury getting worse. A court will examine your condition before and after the aggravation to determine if the injuries can be separated and whether employer negligence played a role.
Get Professional Advice for Your Pre-Existing Injury Claim
If you’ve aggravated a pre-existing condition at work and you’re unsure about your entitlements, experienced compensation lawyers in Cairns can help. Workers’ compensation lawyers will l review your situation, gather the necessary medical evidence, and handle the entire claims process so you can focus on your recovery. Most workers’ compensation lawyers in Cairns work on a No-Win, No-Fee basis.
Don’t let a pre-existing condition stop you from receiving the compensation you deserve.
