A Guide to CO Workers’ Comp for Pre-Existing Conditions & Injuries

Learn how a pre-existing condition might impact a workers’ comp claim in Denver and how to protect your right to benefits

If you’ve been hurt on the job in Denver, and you have a pre-existing injury or health issue, you might be wondering if you qualify for workers’ comp. The truth is, lots of people walk into work every day with pre-existing conditions like back, neck, or knee injuries, and it doesn’t stop them from doing their jobs.

Fortunately, having one of these conditions doesn’t mean you automatically lose your right to workers’ comp benefits. What matters is whether your job made that condition worse or caused a new injury on top of it.

The problem? Insurance companies love to use pre-existing conditions as an excuse to deny workers’ comp claims. They often argue that your pain was there all along or that your job had nothing to do with it. 

Well, we’re here to tell you that’s not always the case—and you don’t have to just accept it.

In this article, we’ll break down how Colorado workers’ comp law looks at pre-existing injuries, the common challenges workers run into when filing a claim, and what kind of proof you’ll need to show that your work actually aggravated your condition.

If you want help gathering evidence to support your claim or filing a workers’ comp appeal because your claim has already been denied, reach out to the experienced Denver work injury attorneys at Babcock Tucker for a free consultation.

What is aggravation of a pre-existing condition?

An “aggravation” of a pre-existing condition happens when your job makes an old injury worse to the point where it now needs more care than it did before.

For example, imagine you had arthritis in your hands that you managed with medication and lifestyle changes. If long hours of repetitive work suddenly cause that arthritis to flare up, making it difficult to grip tools or type, that’s not just your old condition coming back—it’s your work pushing it to a new level.

Common problems with workers’ comp claims for pre-existing conditions

Filing a workers’ comp claim is stressful enough—but when you have a pre-existing condition, insurance companies often see it as an opportunity to push back harder. 

They know many workers don’t fully understand their rights, and they count on you taking their word for it when they say your injury isn’t covered. By dragging out the process with delays, denials, or confusing paperwork, they hope you’ll get frustrated and give up.

Some of the most common problems injured workers face when filing a workers’ comp claim with a pre-existing injury include:

• Shifting blame to non-work causes. An insurer may point to hobbies—like gardening or playing guitar—as the “real reason” your condition got worse, ignoring evidence that your job duties are the primary cause.
• Using medical records against you. If you were treated for a back injury years ago, adjusters may seize on that to argue your current need for surgery is related to your old injury and has nothing to do with work.
• Minimizing aggravation. If your previously well-managed tendonitis suddenly flares up after repetitive factory work, the insurer may insist it’s “just normal aging” rather than job-related.
• Using stall tactics. Carriers sometimes “lose” documents, fail to return calls, or ask for the same paperwork multiple times, all in hopes you’ll get frustrated and drop the claim.
• Pushing quick low settlements. Workers are often pressured to accept a small payout before they understand the long-term costs of surgery, rehab, or lost wages.

These tactics can make you feel defeated right from the start, but you don’t have to take the insurer’s version of the story at face value. With the right medical documentation and legal support, many Denver workers successfully prove their jobs aggravated their condition and secure the benefits they deserve.

How do you prove aggravation of a pre-existing condition?

Proving that your job made a pre-existing condition worse takes strong evidence, but it’s absolutely possible. For a successful claim, you’ll need to show a clear change in your medical needs after the workplace injury. 

Here’s what you need to do:

• Report the injury right away. Colorado law requires you to report a new or worsening work-related injury or condition to your employer within 10 days to be eligible for workers’ comp, so the sooner you notify them, the better.
• Document everything. Keep detailed notes about how the injury happened, your symptoms, and how your abilities have changed. If coworkers saw the incident or noticed your condition worsen, their testimony may help too.
• Seek medical care. You’ll need to be examined by an employer-approved doctor who will assess your condition and provide treatment. Make sure you follow the doctor’s orders, or you could give the insurer an excuse to deny your claim.
• Be prepared for disputes. If your claim is denied, you have the right to file a workers’ comp appeal, but we highly recommend that you seek legal help to increase your chance of success.

At the end of the day, you don’t have to simply accept the insurer’s word if they deny your claim. A local Colorado workers’ comp attorney can help you gather the right evidence, challenge unfair medical opinions, and make sure you get the compensation you’re owed.