Many workers believe that a pre-existing condition automatically disqualifies them from claiming workers’ compensation. So when they suffer a work-related injury, they don’t even file a claim.
But this often isn’t true. In most cases, you can get workers’ comp even if you have a pre-existing injury or condition.
In Kansas and Missouri, workers’ comp law focuses on whether your job made your condition worse. So if an accident, physical demand, or repetitive task aggravated your injury at work, you might still be entitled to workers’ compensation benefits.
The legal question isn’t whether you were injured before. It’s whether your work is the “prevailing factor” in causing a real, identifiable physical change that made your condition worse.
Not sure whether your pre-existing injury qualifies for workers’ comp in Kansas or Missouri? Then contact Phalen Law today for a free consultation with an experienced workers’ comp lawyer to understand your options.
What counts as a pre-existing injury for workers’ comp?
A pre-existing injury is any physical or medical condition that you had before the work incident that led you to file your workers’ compensation claim.
It doesn’t need to be severe, disabling, or actively treated at the time.
Common examples of pre-existing injuries for a workers’ comp case include:
- Back, knee, shoulder, or joint pain: Any past injury that was evaluated, treated, or recorded by a medical professional counts. Symptoms could include pain, stiffness, or limited mobility
- Chronic conditions: Ongoing conditions like arthritis, degenerative disc disease, or carpal tunnel syndrome can cause recurring discomfort and impair normal function even before your work injury
- Old injuries: Past strains, sprains, and fractures from previous jobs or accidents can make it more likely to injure yourself at work. They may have lingering effects such as weakness or reduced mobility
Just because you have a pre-existing condition, that doesn’t mean it was the cause of the accident.
What’s relevant is whether your work caused or contributed to your injury, not your physical condition before it happened.
When is a pre-existing injury covered by workers’ comp?
Workers’ compensation can still apply if your work accident is the “prevailing factor” in causing a new injury.
It often comes down to expert medical testimony as to whether your work activity has caused a new injury.
Work aggravated, accelerated, or worsened the condition
Sometimes, the demands of your job place stress on an area that was already vulnerable.
For example, lifting heavy objects over time can worsen a partially healed back or shoulder injury, increasing pain and limiting function.
Courts and claims reviewers consider whether your work materially increased the severity of your condition beyond what would’ve occurred naturally.
Job duties caused new symptoms or increased pain
Even without a single incident, the physical requirements of your role can trigger new discomfort or functional issues in a pre-existing condition.
Standing for hours might trigger swelling in an old knee injury. Or repetitive hand motions could intensify your carpal tunnel.
Workers’ comp can recognize these as work-related if your job is the prevailing factor in causing a physical change in your body.
After a specific work incident
A distinct accident at work can cause a pre-existing injury to get much worse.
Slipping and falling on a wet floor, for example, can cause an old back injury to become a new and distinct injury.
In these cases, the work incident itself can make you eligible for benefits.
Keep reading: When to hire a workers’ comp lawyer
Why insurance companies often deny these claims
Insurance companies often deny claims involving pre-existing conditions.
But these denials are often strategic, not final.
They’re a way to pressure or intimidate an injured worker into abandoning their claim, just so the insurance company doesn’t have to pay out.
By understanding common insurer tactics to reject your claim, it’s easier to see if the company is just trying to avoid giving you the workers’ comp settlement you deserve.
Blaming symptoms on the prior injury
Insurers may try to deny your claim by arguing that your pain or limitations stem entirely from your previous injury. They often deliberately ignore how work aggravated or accelerated your condition.
This can make it seem like your workplace incident played no role, even when your medical records show otherwise.
Claiming the condition is degenerative
Some insurers assert that conditions like arthritis or disc disease get worse by themselves and are unrelated to work. They frame your flare-up as age or genetics rather than stemming from your job duties.
This reasoning ignored how specific work tasks could have accelerated progression or made your symptoms worse.
Saying the injury didn’t occur at work
Insurers might suggest that your symptoms began before or outside of your job. They try to separate the timing of your condition from your workplace activities.
This strategy often relies on vague timelines or assumptions. But you can prove otherwise with precise documentation and witness testimony.
Using old medical records out of context
Adjusters might cite prior imaging, treatments, and doctors’ notes selectively. This can create the impression that your condition was fully resolved and not work-related.
Without context, such records can be misleading. But a proper review from a doctor or workers’ compensation attorney can clarify their meaning.
What evidence matters most in pre-existing injury claims?
Proving a worker’s comp claim with a pre-existing injury hinges on showing how your work made the condition worse.
Certain types of evidence carry more weight than others. Expert medical testimony is necessary to prove your claim. Presenting these can mean the difference between having your workers’ comp claim denied and receiving the benefits you deserve.
Phalen Law works with a variety of medical professionals to win workers’ compensation claims.
Medical records showing a change or worsening
Updated medical records are essential because they document how your condition has changed since your workplace incident.
Imaging, new diagnoses, or additional treatments provide a clear record that your injury is active, not just a past issue.
Doctors’ opinions linking the aggravation to work
Written assessments from your physician can establish that your symptoms are directly related to your job duties.
Detailed opinions explaining how work contributed to making your condition worse give claims reviewers a professional basis to approve your benefits.
Timeline showing symptoms increased with work duties
Keeping a detailed log of when symptoms flared in relation to your work helps demonstrate causation.
Notes on pain, restricted movement, or flare-ups immediately after work activities create a link between your job and the injury.
Witness statements or incident reports
Statements from coworkers, supervisors, or safety personnel provide independent confirmation about what happened on the job.
These observations about the incident, changes in your abilities, or reporting of your injury help strengthen your case by confirming what you say is true.
Should I file a workers’ comp claim if I had a pre-existing condition?
Yes.
Even if you have a pre-existing condition, filing a workers’ compensation claim is the right move.
Waiting or assuming you aren’t eligible can create problems later. That includes missing your statute of limitations, which can result in your claim being forever barred.
Acting immediately preserves your legal rights and creates a clear record of your injury and its connection to work.
Filing creates a paper trail that includes your initial reports, medical documentation, and any communications with your employer or insurer. This trail is crucial if your condition worsens.
It also protects you from disputes over when your injury occurred or whether your symptoms were work-related.
Find out more: How to file a workers’ comp lawsuit in Kansas and Missouri
How a workers’ comp attorney can help
Navigating a workers’ compensation claim with a pre-existing condition can be complicated.
At Phalen Law, we have over 50 years’ experience in winning workers’ comp claims for people with pre-existing injuries. So when you hire us to represent you, we guide you through the process carefully to ensure your claim focuses on what work contributed to or aggravated your injury.
Our expertise ensures that every step, from medical documentation to negotiating with your employer or their insurer, strengthens your case.
Your Phalen Law attorney can:
- Prove the difference between an old condition and a work-related injury: Your attorney will review medical records, prior treatments, and recent reports to clearly show how work duties made your condition worse. Establishing this distinction is critical because your benefits hinge on what injuries the current job caused or contributed to, not the prior injury alone
- Work with doctors to establish company denials: We coordinate with medical providers to get detailed opinions tying your injury to your work. This ensures that statements are precise, legally persuasive, and directly address any challenges the insurer raises about pre-existing conditions
- Handling the claim if it ‘s denied: If your claim is rejected, your workers’ comp attorney can file an application for hearing, gather additional evidence, and represent you in hearings before an administrative law judge. This professional support maximizes your chance of winning and securing the benefits you need for treatment and recovery
What benefits might be available?
Workers’ compensation provides several types of support once a claim is won, even when a pre-existing condition is involved.
Knowing what’s available lets you plan for treatment, time off, and your financial security.
Depending on the case, the benefits you receive might include:
- Medical treatment: Coverage includes doctor visits, imaging, prescriptions, therapy, and other treatments necessary to address the work-related aggravation. Promptly documenting and using these services supports your recovery and provides you with evidence for your claim
- Temporary disability benefits: If you’re receiving active medical care from a court-ordered physician or a physician approved by your employer, and that doctor has taken you off work completely or under work restrictions the Respondent cannot accommodate, then you are eligible for temporary total disability benefits.
- Permanent disability benefits: For injuries that leave lasting limitations, workers’ compensation may provide compensation for permanent impairment. The amount depends on how the injury affects your ability to work and perform daily activities
Start your workers’ compensation claim with Phalen Law
A pre-existing injury doesn’t automatically prevent you from receiving workers’ compensation.
If your work duties are the prevailing factor in causing your condition or symptoms, you have a valid claim.
Call us toll-free or fill out our Free Case Evaluation form online to give us the details of your case and find out whether you’re able to claim workers’ compensation benefits even though you have a pre-existing injury.