Aggravation vs Exacerbation in Injury Compensation
When it comes to injury compensation in Australia, aggravation and exacerbation are two important terms to be aware of. The aggravation of an injury refers to the permanent worsening of an existing medical condition. The exacerbation of an injury refers to damage to a previous injury, but the worsening thereof is not permanent.
Under the Safety, Rehabilitation and Compensation Act (SRC) Act and state workers’ compensation laws, an aggravation counts as a new injury if work causes it. Workers can get compensation while the condition is undergoing the “being worse” state. Employers must pay compensation if the job was a major reason for the aggravation.
At WT Compensation Lawyers, we can help you to define whether your injury claim falls under aggravation or exacerbation. We also understand that it’s difficult to identify which is which if you haven’t been trained, and even more so if you’re trying to manage claims when you should be resting. However, the distinction is important because it can mean the difference between how much you claim, and for how long. Let’s look at the definition of each and why it matters.
Key Takeaways
- An exacerbated injury is the temporary worsening of an existing injury due to a work-related habit, accident, or injury.
- When an injury is aggravated, it means that a pre-existing injury has permanently worsened due to a work incident.
- Employers are required to have workers’ insurance so that you can get compensation if your injury gets worse at work.
- Aggravated injury claims are typically much higher than exacerbated injury claims.
What is the Definition of an Aggravated Injury in Australian Injury Compensation?
In Australian injury compensation, an aggravated injury is when a pre-existing medical condition worsens because of a work-related incident. In other words, the original injury doesn’t return to its original state because of something that happened at work. An employer can be held liable to pay compensation because the incident happened within a work situation.
For example, if you had a wrist injury when starting at a company, and the nature of your job made that injury permanently worse, your company can be held responsible. They can be called upon to pay for your medical bills, loss of work hours, emotional distress (if caused by negligence), and ongoing expenses because of the injury.
Aggravated injury compensation falls under the Australian workers’ compensation laws. Getting in touch with a compensation lawyer will help you get fair compensation for the aggravation of an injury.
How is an Exacerbated Injury Defined Within Australian Workers’ Compensation?
An exacerbated injury is defined as a pre-existing injury worsening over time due to one or more work-related incidents. However, unlike an aggravated injury, the worsened state returns to its normal state after a set amount of time. In this case, an employer may be held liable to pay compensation for the time it takes for the injury to heal.
However, the injury does not have to heal completely before your employer stops paying. It only needs to return to its original state before the injury was worsened because of work.
Even if at fault, you may have a right to compensation. Start your claims check:
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Why is Distinguishing Between Aggravate vs Exacerbate Important in Injury Claims?
Distinguishing between aggravation and exacerbation injury claims is important, because the terms will determine your compensation. It also determines who is ultimately responsible for the worsening of an injury, and why. Aggravation is permanent, so compensation is much higher than exacerbation, which is temporary.
Employers are required by Australian labour laws to have insurance that covers these types of claims. This insurance is there to protect workers, and compensate them for any and all injuries that have been worsened by work incidents or protocols, no matter how long they last.
How Can a Compensation Lawyer Help with Worker’s Compensation
A lawyer can help with retrieving compensation by determining whether the injury is exacerbated vs aggravated. This often requires gathering medical evidence, and compiling other evidence to show when the pre-existing injury occurred. Your work injury lawyers can also file the claim on your behalf, and fight the case if it’s disputed.
| How a Lawyer Can Help | Explanation | Benefit to Worker |
|---|---|---|
| Determine If Injury Is Exacerbation or Aggravation | Your lawyer can assess the injury type to determine eligibility for compensation | Ensures accurate claim classification |
| Gather Medical Evidence | A lawyer can help obtain medical reports and documents to support the injury claim | Strengthens the case for compensation |
| Submit the Workers’ Compensation Claim | They can file the required paperwork with the correct authorities and ensure deadlines are met | Saves time and reduces errors |
| Negotiate with Insurance Companies | Lawyers can communicate with insurers to get the best compensation offer for the worker | Maximizes the potential payout |
| Challenge Denied Claims | If the claim is denied, your lawyer can appeal the decision or seek a review | Increases chances of a successful claim |
| Advise on Work Capacity Assessments | Lawyers can guide you through assessments to determine their ability to work | Ensures fair evaluation |
| Represent the Worker in Court or Tribunal | If necessary, your lawyer can represent you in hearings to defend the claim | Provides expert legal representation |
| Advise on Ongoing Medical and Rehabilitation Support | Lawyers can help ensure you receive adequate care during and after the claim process | Ensures comprehensive recovery support |
Speak to our team at WT Compensation Lawyers for a full review of your particular case. If you’re suffering from the worsening of a past injury because of work, you are entitled to compensation. The compensation amount and duration will be determined by us, so allow us to do the background work on your behalf.
Aggravation vs Exacerbation FAQs
Compensation benefits in Australia are calculated according to:
The severity of the injury and medical costs
Loss of income, both long term and short term
The degree of your disability
The degree of employer responsibility in terms of safety precautions taken
The duration of the injury
Area-specific regulations
Yes, generally the time limit is 30 days to 6 months after the worsening of the injury has been noticed. For reporting an aggravated or an exacerbated injury, this may vary from one region to the next.
Yes, an exacerbation can become an aggravation over time. When your claim was made, it may have been perceived to be a temporary injury. However, as time has gone by, it may have become clear that the injury is now permanent.
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WT Compensation Lawyers
Address: Riparian Plaza, Level 38/71 Eagle St, Brisbane City, QLD 4000
Phone: (07) 3924 9544
Email: [email protected]
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