# How Pre-Existing Conditions Affect Your Nevada Workers' Compensation Claim | Open 24/7 ![Three business professionals, two men and one woman, discuss documents together in an office setting; the woman is seated in a wheelchair.](https://www.shookandstone.com/wp-content/uploads/2026/01/in-need-of-workers-compensation-lawyer-in-las-vegas-nevada-4-300x200.jpg) Few workers go through their careers without some **pre-existing injuries or health conditions**. You might have an old back injury, a prior surgery, or a chronic illness when you suffer a new accident at work. Understandably, injured workers in Nevada often worry: **Will a prior injury or condition ruin my workers’ comp claim?** The good news is that **Nevada’s workers’ compensation laws protect employees with pre-existing conditions** in many cases. However, these situations can complicate your claim. In this article, we’ll explain what counts as a pre-existing condition, how Nevada law handles them, and **what you can do to ensure you receive the benefits you deserve**. If you’re struggling with how pre-existing conditions are affecting your Nevada workers’ compensation claim, it’s time to take action. [Shook & Stone](https://www.shookandstone.com/) can work to ensure you get what you deserve. [Contact us](https://www.shookandstone.com/contact-us/) for guidance on your case or call us at [(702) 570-0000](tel:702-570-0000) to discuss your situation today. Let’s work together to secure your financial future. ## **What Is a Pre-Existing Condition in a Work Injury Claim?** In workers’ comp terms, a **pre-existing condition** is **any injury, illness, or health issue you already had before your work accident**. This could be a physical injury (like an old knee injury or a herniated disc from years ago), a chronic medical condition (such as arthritis or diabetes), or even a prior mental health condition. **Common examples of pre-existing conditions** that might come up in Nevada work injury claims include: - **Chronic back, neck, or spinal injuries** – e.g. an old **back injury** or degenerative spinal conditions - **Joint problems or past surgeries** – for instance, a previous **knee injury** or shoulder surgery - **Repetitive strain injuries** – such as pre-existing carpal tunnel syndrome or tendonitis - **Chronic illnesses** – like arthritis, **diabetes**, or COPD - **Mental health conditions** – e.g. anxiety or depression Having a condition like those above **does not automatically disqualify you from****Nevada workers’ compensation benefits**. But it’s important to understand how insurers and laws will treat your claim when such factors are in play. ![Woman with a neck brace typing on her laptop](https://fp-blog-images.s3.us-east-2.amazonaws.com/2026/01/21/c3c250f2-f950-4503-b4d4-ffcd666133ab/in-need-of-workers-compensation-lawyer-in-las-vegas-nevada.jpg) ![Cta Image](https://www.shookandstone.com/wp-content/themes/shook-and-stone-redesign/assets/app/img/cta-1.webp) Need Legal Help? We’re here to guide you and fight for the benefits you deserve. [(702) 570-0000](tel:+17025700000) ## **Nevada Law Protects Workers with Pre-Existing Conditions** Nevada has **worker-friendly laws** that address pre-existing conditions in workers’ comp claims. **State statute NRS 616C.175** is particularly important because it provides that an injury may be compensable when a work accident aggravates, accelerates, or exacerbates a pre-existing condition, so long as the work accident is shown to be a substantial contributing cause. In simpler terms, **if your job made your pre-existing condition worse, your claim should be covered** – and it’s up to the **insurance company** (not you) to prove otherwise. Additionally, under **NRS 616C.177**, insurers are allowed to *ask* you about prior injuries or medical conditions during the claim process, and you **must disclose** relevant pre-existing conditions if asked. However, **Nevada law does not allow an insurer to deny your claim *solely* because you have an unrelated pre-existing condition**. The focus is on **what happened in the work accident and how it impacted your health**, not simply what your health was like before. **Key Takeaway:** *Nevada’s workers’ compensation system is designed to compensate employees for work-related injuries****even if****a pre-existing issue is present. If your work accident significantly worsened a prior condition, you are generally entitled to benefits for that worsened condition.* The Compensation Benefits You Deserve ![ampersand](https://www.shookandstone.com/wp-content/themes/shook-and-stone-redesign/assets/app/svg/ampersand.svg) We’ll help you win the benefits you need to get your life back. [(702) 570-0000](tel:+17025700000) ## **How Pre-Existing Conditions Can Impact Your Claim** While a **pre-existing condition** **should not be grounds for outright denial** of a claim in Nevada, it can certainly make the process more complicated. **Workers’ comp insurers and employers often try to use pre-existing conditions as an excuse to minimize or deny claims**. Here are a few **ways pre-existing conditions might affect your Nevada work injury claim**: - **Claim Delays or Denials:** The insurer might initially **deny the claim** arguing that your condition was “pre-existing” and not caused by work. **Some insurers aggressively (and wrongly) deny claims whenever they see a pre-existing condition mentioned**, hoping the worker will just give up. - **Closer Scrutiny of Causation:** You and your doctors will need to clearly **prove the work accident aggravated your condition**. You’ll need medical evidence that the work accident *substantially worsened* your condition. - **Medical Treatment Challenges:** Doctors who aren’t familiar with Nevada law might **hesitate to link the injury to work** if they see a pre-existing condition. This can lead to legitimate treatments being denied unless challenged. - **Benefit Reduction (Apportionment):** In Nevada, a **pre-existing condition can affect the amount of benefits**, especially when determining any permanent disability compensation. This concept is called **apportionment**. It means **your eventual disability rating or settlement can be reduced to account for the portion of disability that existed from before the work accident**. For example, if you already had a 5% impairment in your knee before the accident, and the work injury leaves you with a total 15% impairment, you might receive compensation for the **additional 10%** caused by the work incident. Despite these challenges, a pre-existing condition by itself is not a valid basis to deny a Nevada workers’ compensation claim when medical evidence shows the work accident aggravated the condition. The insurer **must provide evidence** if they want to claim your work injury wasn’t a major factor. [(702) 570-0000](tel:+17025700000) Call Today for a Free Consultation We’ll help you win the benefits you need to get your life back. ## **Your Rights Under Nevada Workers’ Comp Law** **Nevada law is clear** that **injured workers should be compensated even if they weren’t in perfect health before the accident**. To recap your rights and protections: - **Aggravation = Compensable:** If your work injury **aggravates, precipitates, or accelerates** a pre-existing condition, **the claim should be accepted** under NRS 616C.175. - **Burden of Proof Is on the Insurer:** You do **not** have to prove your *pre-existing* condition wasn’t the cause; rather, the **insurer must prove the work accident was not a substantial cause** of your current condition if they want to deny coverage. - **Disclosure, Not Disqualification:** You **should disclose** past injuries/conditions when asked, but **having a pre-existing condition does not disqualify you from benefits**. - **Coverage of Medical Costs:** Employers are generally responsible for covering medical treatment that is reasonably necessary to address**the work-related aggravation of a pre-existing condition**, even if the same body part was injured before. ## **Insurance Company Tactics for Pre-Existing Conditions** Despite the legal protections, **insurance companies try various tactics to minimize your claim** when a pre-existing condition is involved: - **Claiming “Your Condition Isn’t Work-Related”:** The insurer might flat-out **deny the claim by arguing that your current injury is due to your pre-existing condition and not the work accident**. Overcoming this tactic usually requires a strong medical opinion from your doctor that **connects the dots** and shows the work incident *worsened* your condition. - **Demanding Extensive Medical Records:** Expect the insurance adjuster to request your past medical records. Be honest – hiding a prior injury can harm your credibility more than the injury itself. - **Pointing to Gaps or Inconsistencies:** The insurer may scour your health history for any **gaps in treatment or inconsistencies**. A clear narrative helps prevent the insurer from twisting the story. - **Reducing Benefits Citing Pre-Existing Condition:** The insurer might acknowledge your injury happened but argue that **part of your disability or need for treatment is due to your prior condition**, not the work. If you feel your benefits are unfairly low due to this, that’s something you can dispute. These tactics can be **frustrating and confusing**. **Remember, you have the right to push back.** You can **appeal a denied workers’ comp claim** and present evidence that your work accident aggravated your condition. ## **Proving an “Aggravation” of a Pre-Existing Injury** One of the most important steps in these cases is **demonstrating that your work injury aggravated your pre-existing condition**. Here are some tips: - **Tell Your Doctor Everything:** Make sure your treating physician knows about your **pre-existing condition and the new accident**. Describe how your symptoms changed *after* the work incident. - **Get a Detailed Medical Opinion:** Ask your doctor to **document in your medical records** that the work accident **aggravated or “substantially contributed” to your condition**. - **Show Your Pre-Injury Baseline:** Provide evidence of your **baseline health before the work accident**. If you rarely needed treatment or had no work restrictions for your pre-existing condition until the new injury, that’s strong proof the work incident worsened things. - **Expert Testimony if Needed:** In complex cases, a medical expert can bolster your case by testifying that your **previous injury was stable or resolved, and the work accident caused new damage**. - **Follow Nevada’s Reporting Rules:** Always **report your work injury and file a claim promptly**. Timely filing protects your rights. ## **Effects on Benefits and Disability Compensation** **Pre-existing conditions can affect the *amount* of benefits** you receive, even when your claim is accepted: - **Medical Benefits:** Workers’ comp will pay for all reasonably necessary medical treatment related to your work injury. But if after the work accident you need surgery or additional therapy, those **new medical needs** should be covered. - **Temporary Disability (Lost Wages):** If you have to miss work due to the injury, you’ll receive temporary disability payments regardless of a pre-existing condition. - **Permanent Disability (PPD) Rating:** This is where **apportionment** often comes in. **Nevada allows the rating doctor to apportion a percentage of your impairment to a pre-existing condition**. Your **Permanent Partial Disability award** could then be reduced based on the pre-existing portion. It’s worth noting that **even with apportionment, a pre-existing condition doesn’t leave you with nothing**. You **still get benefits for the new level of impairment or the work-caused portion of the injury**. ## **How an Experienced Las Vegas Workers’ Compensation Attorney Can Help** Navigating a Nevada workers’ comp claim is hard enough – it gets *even tougher when a pre-existing condition is involved*. A seasoned **workers’ compensation attorney in Las Vegas** can level the playing field by: - **Evaluating Your Case:** Understanding the nuances of Nevada workers’ comp law and telling you frankly if the insurer is wrongfully denying your claim. - **Gathering Strong Evidence:** Helping gather medical reports, expert opinions, and witness statements to prove the before-and-after impact of the injury. - **Handling the Insurer:** **Insurance companies have teams of adjusters and lawyers**, but a workers’ comp lawyer will handle all communications on your behalf. - **Ensuring Full Benefits:** Fighting to make sure you receive **all benefits you’re entitled to**, without improper reductions. - **Appealing Denials:** Formally **appealing** denied decisions through Nevada’s workers’ comp appeals process. When choosing a lawyer, **experience matters** – especially with pre-existing conditions issues. **Consultations for workers’ comp cases are often free**, so you can get professional advice without risk. Having an attorney can significantly improve your chances of getting the full benefits you deserve. --- If you’re struggling with how pre-existing conditions are affecting your Nevada workers’ compensation claim, it’s time to take action. [Shook & Stone](https://www.shookandstone.com/) can work to ensure you get what you deserve. [Contact us](https://www.shookandstone.com/contact-us/) for guidance on your case or call us at [(702) 570-0000](tel:702-570-0000) to discuss your situation today. Let’s work together to secure your financial future. 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