If you’ve suffered a workplace injury in New Jersey and have a prior health issue, you might be wondering whether your workers’ compensation claim will be denied. The truth is that having a pre-existing condition does not automatically disqualify you from receiving benefits. However, it can complicate the process, especially when it comes to proving that your current injury was caused—or worsened—by your job.
Below is a detailed look at how pre-existing conditions may impact workers' compensation claims in New Jersey, what the law says, and how employees can protect their rights.
New Jersey Workers’ Compensation: The Basics
In New Jersey, workers’ compensation provides medical treatment, wage replacement, and disability benefits to employees who suffer job-related injuries or illnesses. The system is no-fault, meaning injured workers are eligible for benefits regardless of who caused the injury—so long as it occurred within the scope of employment.
But what happens when a new injury is layered on top of a past one?
What Counts as a Pre-Existing Condition?
A pre-existing condition is any medical issue that existed before the workplace injury. This can include:
- Prior back or neck injuries
- Arthritis or joint conditions
- Respiratory diseases like asthma
- Old fractures or surgeries
- Heart conditions
These conditions may have been work-related or not, treated or untreated, chronic or resolved. If the new injury aggravates or reactivates the prior condition, it may still qualify for benefits—but proving that connection becomes critical.
The Aggravation Rule in New Jersey
New Jersey law recognizes that workplace accidents can aggravate pre-existing conditions. If the work-related incident makes the prior condition worse, the employer’s insurance may still be responsible for covering benefits.
Key factors that determine eligibility:
- Documented medical evidence showing that the workplace incident caused a measurable change in the condition
- Clear comparison between the condition before and after the incident
- Timely reporting of symptoms following the workplace injury
For example, if a worker with a history of knee pain falls at work and an MRI confirms new cartilage damage, the injury may qualify under workers’ compensation—even though the knee was already vulnerable.
How Insurance Carriers Use Pre-Existing Conditions
Insurance companies often scrutinize medical histories to reduce their liability. If a worker has seen a doctor for a similar issue in the past, insurers may argue that the current symptoms stem entirely from that earlier issue. They might:
- Request prior medical records
- Seek an independent medical exam (IME)
- Claim the new injury is a "recurrence" rather than an aggravation
This is why detailed and accurate medical documentation is essential. A skilled workers’ comp attorney can help counter insurance tactics by establishing a strong link between the job incident and the worsening of the condition.
Proving Your Injury Was Work-Related
To receive benefits, you must demonstrate that your job duties or a specific workplace incident caused or significantly aggravated your existing condition. This involves more than just reporting your symptoms.
Steps to take:
- Report the injury immediately. The longer the delay, the more likely the insurer will challenge the claim.
- Disclose your pre-existing condition. Hiding prior injuries can backfire if they come to light later.
- Seek medical care promptly and make sure the doctor documents any aggravation of prior issues.
- Follow all treatment plans to show good faith in recovery.
- Keep records of all symptoms, treatments, and work restrictions.
Your employer’s workers' comp insurer will look for inconsistencies. Staying consistent in your medical visits and reports strengthens your case.
Partial and Total Disability with a Pre-Existing Condition
Pre-existing conditions can affect how disability is classified and how benefits are calculated.
Partial Disability:
If the new injury worsens your pre-existing condition but doesn’t prevent you from working entirely, you may be eligible for partial disability benefits. These are calculated based on the degree of impairment and loss of function.
Total Disability:
In rare cases, a combination of a prior condition and a new injury can result in total disability. If the workplace injury makes you unable to work in any capacity, you may be entitled to permanent total disability benefits—even if the pre-existing issue played a role.
The Role of the Second Injury Fund
New Jersey’s Second Injury Fund helps workers who become totally disabled due to a combination of a pre-existing condition and a new work injury. This fund can cover the portion of benefits related to the prior condition, easing the burden on employers and increasing financial support for injured workers.
To access the fund:
- You must be declared totally and permanently disabled.
- The new injury must be work-related.
- The pre-existing condition must have been a substantial factor in the disability.
An attorney experienced in complex claims is often essential for navigating the application and approval process.
Why Legal Guidance Matters
Workers’ compensation claims involving pre-existing conditions are more likely to be denied or underpaid. Insurers may minimize the role of the workplace incident or argue that treatment should not be covered. An experienced New Jersey workers’ compensation attorney can help:
- Gather expert medical opinions
- Handle insurance disputes and denials
- Represent you at hearings or appeals
- Calculate fair compensation for long-term limitations
If your injury has worsened a past health problem, legal support can make the difference between limited care and the benefits you deserve.
Conclusion
A pre-existing condition doesn’t eliminate your right to workers’ compensation in New Jersey. But it does require you to be more proactive, more documented, and often more persistent. With proper medical support and legal advocacy, you can still recover benefits for aggravated injuries and lost income. Don’t let a previous diagnosis stand in the way of your current claim—especially if your job made things worse.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating New Jersey workers’ comp claims can be challenging. Fortunately, you don't need to do it alone. The experienced workers comp lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.