Can I claim if an injury made a pre-existing condition worse?

Updated: 16 Oct, 2025
By Chris Salmon

You can still make a work injury claim if an accident at work made an existing health condition worse or accelerated symptoms that might otherwise have developed later in life. These cases are more complex, but the law provides protection for workers in this situation.

Pre-existing health conditions

If you already live with a medical condition, an accident at work could make your symptoms worse. To succeed in a claim, it must be shown which symptoms were directly caused or made worse by the accident. Your solicitor will usually arrange a medical assessment with an independent expert to:

  • Examine how the accident affected your pre-existing condition
  • Review your medical records and any treatment received after the accident
  • Provide a prognosis for recovery and future care needs

What if I didn’t know about the condition?

Sometimes an accident reveals a health problem you were not aware of. For example, spinal disc degeneration is common with age and often symptomless until triggered by injury. If medical evidence shows your symptoms would have developed in the future, your compensation may be based on the period by which the accident accelerated those symptoms.

A solicitor can argue that lifestyle changes or treatment may have delayed or prevented the condition from progressing, to maximise the compensation you receive.

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If your condition worsened as a result of the accident, you can claim for the extra harm. Keep notes of how things changed from before to after the accident, and ask your doctor to record it. This comparison will help your claim.

John Kushnick

Legal Operations Director
National Accident Law

The ‘eggshell skull’ rule

The eggshell skull principle means the law accepts a claimant as they are. If your injuries are worse because of a pre-existing condition, your employer is still liable for the full extent of your injuries. For example, if you suffer brittle-bone disease and sustain more serious fractures than an average person after being struck by a falling object, your employer remains responsible.

Seek medical attention without delay

Always get medical help after a workplace accident. Some symptoms may be delayed or masked, and without a proper diagnosis an injury can become worse. Medical records also provide vital evidence to support your claim, especially where pre-existing conditions are involved.

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About the author

Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.

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Last reviewed October 2025 by Chris Salmon