Workers’ Compensation – What You Need to Know About Pre-Existing Back Injuries

Back injuries are among the most common reasons employees file workers’ compensation claims. But what happens if you already had a back problem before your workplace injury? Many employees worry that a pre-existing condition — such as chronic back pain, degenerative disc disease, or scoliosis — will automatically disqualify them from workers’ comp benefits.

The good news is that Nevada law allows workers to qualify for benefits when job duties aggravate, accelerate, or worsen a pre-existing back condition, you may still qualify for benefits. In fact, this is sometimes called the “aggravation rule.” If your work activities make your condition worse, you may still be eligible for compensation.

Understanding Pre-Existing Back Conditions

A pre-existing condition is any medical issue you had before your workplace injury. When it comes to the back, this may include:

• Chronic lower back pain
• Spinal arthritis or degenerative disc disease
• Past herniated or bulging discs
• Scoliosis or other spinal deformities
• Old injuries from sports, accidents, or prior work incidents

While these conditions can make you more vulnerable to new injuries, the law generally protects workers if their job duties make the condition worse.

Examples of Work-Related Aggravation

Here are a few scenarios where an employee with a pre-existing back issue could still file a valid claim:

• Warehouse worker: A person with mild back pain develops a herniated disc from repetitive heavy lifting on the job.
• Office employee: Someone with scoliosis experiences worsening pain and mobility issues due to long hours of sitting without ergonomic support.
• Commercial driver: A driver with an old back injury suffers increased pain after being involved in a work-related vehicle accident.
• Healthcare worker: A nurse with a history of lower back strain reinjures herself while lifting patients.

In each of these cases, the work activity aggravated the prior condition, which is enough to qualify for workers’ compensation.

How to Prove Aggravation of a Pre-Existing Condition

One of the biggest challenges in these cases is proving that your job made your condition worse. Insurance companies often argue that your symptoms are due only to your prior condition, not your work. That’s why strong documentation is essential.

Key steps include:

• Medical records: Your treating physician must clearly document that your work duties aggravated your back condition.
• Accurate reporting: Be specific when describing how the injury occurred and what job activities contributed to the worsening of your condition.
• Consistent treatment: Attend all medical appointments, follow your doctor’s instructions, and avoid gaps in care.
• Expert opinions: In disputed cases, testimony from medical experts may be used to confirm that work activities contributed to your injury.

Without this evidence, insurers may try to deny your claim by blaming your symptoms solely on your pre-existing condition.

Workers’ Comp Benefits Available

If your claim is approved, you may be entitled to a variety of workers’ compensation benefits, including:

• Medical treatment: Coverage for doctor visits, physical therapy, medication, surgery, and other necessary care.
• Wage replacement: Temporary disability benefits if you cannot work during recovery.
• Permanent disability benefits: Compensation if your aggravated condition results in long-term or permanent impairment.
• Vocational rehabilitation: Assistance if you cannot return to your prior job and need retraining.

Even if you had prior back issues, workers’ comp is meant to cover the difference between your old condition and the new, worsened state caused by work.

Common Challenges With These Claims

Unfortunately, workers with pre-existing conditions often face extra hurdles when seeking benefits. Employers and insurance companies may argue that:

• Your condition is entirely unrelated to work.
• You failed to disclose prior injuries or conditions.
• Your current symptoms are the natural progression of your pre-existing condition.

These defenses can lead to denied or reduced benefits. That’s why having a skilled workers’ compensation attorney on your side is crucial.

How an Experienced Workers’ Comp Lawyer Can Help

Attorney Jay Short can help you:

• Gather and organize medical documentation.
• Ensure that your injury report and claim forms are filed correctly and on time.
• Work with medical experts to prove that your condition was worsened by your job.
• Challenge denials or underpayment of benefits.
• Protect you from employer retaliation or pressure to return to work too soon.

Having professional legal support can make the difference between a denied claim and receiving the full benefits you deserve.

Worker’s Compensation Attorney Jay Short

If you have a pre-existing back condition that was made worse by your job, you should not assume you’re ineligible for workers’ compensation. The law is clear: when work aggravates a prior condition, you may still qualify for medical care, wage replacement, and other benefits.

You can rely on Jay Short, Attorney at Law to recover work-related injury and illness benefits. All of our cases are workers’ comp, and we are dedicated to getting you the compensation you deserve. Please feel free to contact us at (775) 786-2006 any time of the day or night for a free consultation. Additionally, we provide online contact options.