How Pre-Existing Conditions Affect Your Workers’ Compensation Claim

A workplace injury never arrives at a convenient moment, and it rarely occurs in a vacuum. Many Nebraskans and Iowans bring prior aches, old sports fractures, or chronic orthopedic problems to the job each day. When a new incident on the factory line, the construction site, or the hospital floor aggravates those vulnerabilities, the workers’ compensation claim process suddenly feels complicated. Insurance adjusters waste little time pointing to a pre-existing condition as the primary cause of the pain, hoping to deny or reduce workers’ comp benefits. Their stance can be intimidating, yet it is not the final word.

At Hauptman, O’Brien, Wolf & Lathrop, LLC, our workers’ compensation attorneys rely on decades of combined experience to untangle the medical and legal threads, proving when a work-related injury turns a manageable problem into a disabling one. The discussion below explains how pre-existing conditions intersect with your right to receive workers’ compensation.

What Is Classified as a Pre-Existing Condition Under Nebraska and Iowa Law

Both Nebraska and Iowa courts recognize a pre-existing condition as any illness, impairment, or previous injury that predates the current workplace accident but continues to affect the employee’s health or ability to work. The range of conditions is extensive:

• Back injuries, such as herniated discs, aggravated by heavy lifting on a loading dock.
• Neck injuries from a decade-old car crash reactivated by repetitive overhead assembly work.
• Knee injuries previously treated by arthroscopy that begin to swell again after daily ladder use.
• Carpal tunnel syndrome from years of computer use that worsens after a job switch to high-speed sorting or packing.
• Controlled asthma triggered by exposure to chemicals in a workplace incident.
• Healed broken bones that become unstable or painful from ongoing vibration or heavy machinery.

Both states distinguish between the natural progression of an ailment—where symptoms would have worsened regardless of job duties—and a new injury or significant aggravation caused by work. In Iowa, the law firmly holds that when a work-related activity substantially accelerates or worsens an existing condition, it is considered a compensable injury under workers’ compensation (see Ellingson v. Fleetguard, Inc., 599 N.W.2d 440 [Iowa 1999]).

In both jurisdictions, evidence is key. Medical records, doctor assessments, job duty descriptions, and diagnostic tests are essential to proving that employment—not just time—caused the condition to flare. Even long-standing conditions such as arthritis or old orthopedic problems can lead to valid workers’ comp claims when made worse by job-related demands. Understanding how pre-existing conditions are interpreted in Nebraska and Iowa arms injured workers with a stronger foundation for building a successful case.

Are Pre-Existing Conditions Covered by Workers’ Comp in Nebraska and Iowa?

Yes—both states embrace the “aggravation-of-injury” rule. If a workplace incident intensifies a prior ailment or accelerates its symptoms, the employer remains liable for the resulting disability and medical expenses. Nebraska Revised Statute § 48-151 and Iowa Code § 85.64 specify that an aggravation is treated as a work-related injury, not a mere continuation of the old problem. The litmus test is whether the employment contributed substantially, rather than minimally, to the worsened condition. When the evidence shows that job duties lit the fuse that turns a mild disc bulge into sciatica, workers’ comp should step in with wage-loss replacement, medical treatment, and vocational rehabilitation.

How Can a Pre-Existing Condition Affect Your Workers’ Compensation Claim?

A pre-existing diagnosis does not bar recovery, but it reshapes the claims process in several ways:

Heightened Scrutiny by the Insurance Company

Adjusters comb through decades of medical records searching for any reference to the same body part. A decades-old physical noting “episodic low-back pain” suddenly becomes ammunition to contest today’s herniation. They may argue the disability stems from natural progression rather than a work injury.

Independent Medical Examination (IME)

Carriers often order an IME to secure an opinion that the condition is pre-existing. The examining medical provider might find degenerative changes and assert that your current symptoms reflect age, not trauma. Without rebuttal, that report can jeopardize receiving workers’ compensation benefits.

Apportionment of Permanent Disability

When the case reaches the permanent disability stage, the insurer might push to “apportion” part of the impairment to the old condition, slashing workers’ comp benefits. For example, if you had 10 percent impairment in the knee before the accident and now measure 25 percent, the carrier will attempt to pay for only the 15-point increase.

Credibility Battles

The defense may suggest you hid the pre-existing injury, undermining trust. In hearings, small inconsistencies—forgetting a chiropractor visit or under-reporting a sports injury—can influence a judge’s view of causation.

Delay and Denial

Allegations of pre-existing conditions often justify initial denials, forcing injured workers to shoulder medical care costs while appealing. Bills pile up, and the pressure to settle cheaply grows.

Examples in practice:

• A machinist with controlled head injuries from a childhood concussion experiences new migraines after being struck by falling hardware.
• A warehouse clerk with mild scoliosis develops severe spasms while lifting crates, the curvature now beyond baseline.

Strategic evidence gathering neutralizes these tactics.

How Can Our Attorneys Help With Your Workers’ Comp Claim When Pre-Existing Conditions Are Involved

At Hauptman, O’Brien, Wolf & Lathrop, LLC, we build strong, evidence-backed claims that push back against insurance tactics designed to reduce or deny benefits due to pre-existing conditions. Here’s how our experienced legal team supports injured workers:

Thorough Medical Investigation

We start by analyzing your complete health history to determine exactly how and when your condition worsened. Our team works with specialists to obtain updated imaging, track symptom patterns, and draw clear distinctions between past discomfort and current disability tied to your job duties.

Independent Medical Support

When an insurance-ordered medical examination downplays the role of your work, we arrange for second opinions from neutral, board-certified experts. These opinions help establish that your flare-up or new symptoms are directly linked to your current workplace activities, not just a continuation of a prior issue.

Accurate Valuation of Your Claim

We build a compelling case that reflects the true cost of your aggravated condition. That includes increased impairment ratings, reduced earning capacity, and projected medical needs. We use objective evidence—like diagnostic comparisons or surgical findings—to show how the pre-existing condition was worsened by work.

Strategic Communication and Documentation

Our attorneys take charge of all conversations with the insurance company, safeguarding you from misstatements that could be used against you. We present employment records, job logs, and incident reports to clearly connect your new injury or symptoms to specific workplace activities.

Trial-Ready Advocacy

From day one, we prepare every case for potential litigation. This proactive approach strengthens your negotiating position and signals to insurers that we will not accept less than a fair outcome. Whether your case resolves through settlement or hearing, we are ready to fight for full and fair workers’ compensation benefits.

When you’re navigating workers’ comp claims involving pre-existing injuries, our attorneys are prepared to advocate at every turn—relentlessly and effectively.

Contact Hauptman, O’Brien, Wolf & Lathrop, LLC Today

If a workplace injury has aggravated an old problem—or exposed one you never knew existed—do not tackle the system alone. Early missteps can cost thousands in benefits and critical care. Our firm offers a free consultation to injured employees across Omaha, Council Bluffs, and the surrounding communities. We review accident reports, clarify the interaction between pre-existing conditions and your workers’ comp claim, and chart a path toward maximum workers’ compensation benefits.

Call our Omaha office at (402) 241-5020, or our Iowa office at (712) 201-7195, or reach us through our online form. We stand ready to counter the insurance company’s objections, document your new symptoms, and secure the wage replacement and medical expenses you deserve. Trust Hauptman, O’Brien, Wolf & Lathrop, LLC—where experience meets compassion—to keep your claim based on facts, not excuses.