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Aggravation of a Pre-Existing Condition — WorkCover NSW

NSW law doesn't require work to be the only cause of your injury. If work even contributed to making a pre-existing condition worse, it's a claim. Insurers push back on this often — our team knows the tests.

For: NSW workers whose existing injury or condition has been worsened by work.

Key facts

What the law actually says

Specific NSW statutory provisions and case-law tests that apply to this scenario. The detail matters because insurers push back here.

01

Under section 4 of the Workers Compensation Act 1987 (NSW), 'injury' expressly includes aggravation, acceleration, exacerbation or deterioration of any disease where employment was a contributing factor.

Under section 4 of the Workers Compensation Act 1987 (NSW), 'injury' expressly includes aggravation, acceleration, exacerbation or deterioration of any disease where employment was a contributing factor.

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02

Compared with other Australian jurisdictions that require work to be the 'significant contributing factor' for disease, NSW uses the lower 'contributing factor' test for many aggravation claims

Compared with other Australian jurisdictions that require work to be the 'significant contributing factor' for disease, NSW uses the lower 'contributing factor' test for many aggravation claims — a critical distinction.

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03

The insurer is responsible for the aggravation, not for the baseline pre-existing condition

The insurer is responsible for the aggravation, not for the baseline pre-existing condition — so the entitlement is proportional to the work-caused worsening.

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04

The 'you had this before' argument is common insurer pushback. The medical evidence must clearly distinguish pre-injury function from post-aggravation function.

The 'you had this before' argument is common insurer pushback. The medical evidence must clearly distinguish pre-injury function from post-aggravation function.

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05

Section 9A of the Workers Compensation Act 1987 requires, for most injuries, that employment be 'a substantial contributing factor'

Section 9A of the Workers Compensation Act 1987 requires, for most injuries, that employment be 'a substantial contributing factor' — case law establishes this is a real but not sole or dominant test.

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06

Both physical and psychological aggravation claims are accepted

Both physical and psychological aggravation claims are accepted — a worker with pre-existing anxiety whose workplace bullying triggers a psychological injury has an aggravation claim.

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07

An aggravation claim does not require a new traumatic event

An aggravation claim does not require a new traumatic event — ongoing work tasks that progressively worsen the condition are enough.

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By the numbers

What the NSW and national data says

Source-cited statistics from SIRA, Safe Work Australia and icare — context for how common this scenario is across the NSW scheme.

50,326

Body-stressing claims accepted nationally

Sprains, strains and gradual-onset injuries — the category in which aggravation claims are most common. Source: Safe Work Australia, Key Work Health and Safety Statistics 2024 (https://www.safeworkaustralia.gov.au/).

125,474

NSW workers supported last year

A meaningful portion of these claims involve aggravation of a pre-existing condition — a standard category under the NSW scheme. Source: SIRA, NSW Workers Compensation System 2023–24 (https://www.sira.nsw.gov.au/).

Want the full picture? See WorkCover in numbers

What you can claim

What NSW WorkCover pays for in this scenario

Once the claim is accepted (or under provisional liability), the insurer pays for every line below directly. Families and workers don't receive invoices.

  • Medical treatment directly attributable to the aggravation — GP, specialists, imaging, physio, surgery
  • Weekly income payments calculated on PIAWE for the period you're unable to work due to the aggravation
  • Psychological treatment if the aggravation is mental-health related
  • Rehabilitation and return-to-work support through a rehab provider
  • Lump-sum compensation for the work-caused component of permanent impairment, once thresholds are met
  • Travel costs for approved treatment appointments
  • Compensation lawyer costs usually funded through IRO if the insurer disputes work-relatedness

Not sure what weekly payments might apply? Use the Payment Calculator.

Our team

How we help with aggravation of a pre-existing condition claims

One phone call is all it takes. We answer your questions, book the doctor, and line up physio, psychology, rehab or a lawyer when you need one.

We book you in with a WorkCover doctor who takes a careful history that separates pre-injury function from the post-aggravation state — the medical record that makes or breaks these claims. We line up physio or exercise physiology for the aggravation. When insurers push back with 'you had this before', we put you in touch with a compensation lawyer who builds the Section 4 and Section 9A case, with independent medical opinions where needed. Most WorkCover disputes qualify for IRO funding, which usually means the legal costs aren't yours.

01

WorkCover Doctors

Where most workers and families in this situation start. Call us and we'll set it up.

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02

Compensation Lawyer

Lined up when the situation needs it. We book it, and on an accepted claim the insurer pays.

Learn about compensation lawyer
03

WorkCover Physiotherapy

Lined up when the situation needs it. We book it, and on an accepted claim the insurer pays.

Learn about workcover physiotherapy

Not sure if this scenario fits your situation? Take the 60-second eligibility check.

FAQs

Aggravation of a Pre-Existing Condition — common questions

The questions that come up most often on this scenario. Short-form answers — call for detailed guidance.

Aggravation of a Pre-Existing Condition — start with one phone call.

If the claim is disputed, we put you in touch with a compensation lawyer. Our help is free. Appointments are billed to the insurer on accepted claims.

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