Workers’ Comp and Pre-Existing Conditions: What Nevada Workers Need to Know

If you’ve been hurt at work and you have an existing medical condition, you’re probably wondering whether your workers’ comp claim will be denied. It’s one of the most common fears injured workers in Nevada face—and insurance companies know it. They often use pre-existing conditions as a reason to push back on legitimate claims, hoping you’ll give up or accept less than you deserve.

The good news is that Nevada law is on your side. Having a pre-existing condition doesn’t mean you lose your right to workers’ compensation benefits. What matters is whether your work-related injury made that condition worse.

Here’s what you need to know to protect your claim and get the benefits you’re entitled to.

How Nevada Law Protects Workers With Pre-Existing Conditions

Many workers assume that having a prior injury or chronic condition means they can’t file a workers’ comp claim. That’s not how Nevada law works. NRS 616C.175 specifically addresses situations where a work injury interacts with an existing medical condition, and the protections are stronger than most people realize.

For your pre-existing condition to be covered, the work-related injury must meet one of these criteria:

• Aggravation: Your job duties or a workplace accident made an existing condition measurably worse. For example, heavy lifting at work causes a previously manageable back condition to require surgery.
• Acceleration: Work activities sped up the progression of a condition that would have worsened eventually—but not as quickly without the workplace exposure or injury.
• Precipitation: A work incident triggered symptoms or disability from a condition that was previously dormant or asymptomatic.

The critical detail here is the burden of proof. Under NRS 616C.175, the insurer must prove by a preponderance of the evidence that your work injury is not a substantial contributing cause of your resulting condition. You don’t have to prove that it is—they have to prove that it isn’t.

Common pre-existing conditions that come up in Nevada workers’ comp cases include arthritis, herniated discs, spinal stenosis, degenerative disc disease, prior knee or shoulder injuries, chronic pain conditions, and mental health conditions like depression or anxiety.

It’s also important to know that under NRS 616C.177, insurance companies have the right to request your medical records related to a pre-existing condition. You’re required to comply with these requests and sign any necessary medical release forms. Being upfront about your medical history actually helps your case—withholding information gives insurers a reason to challenge your credibility.

How Can a Pre-Existing Condition Get Your Claim Denied or Reduced?

Even though Nevada law favors injured workers, insurance companies don’t make it easy. Here are the most common tactics insurers use to deny or reduce claims involving pre-existing conditions:

• Natural progression argument: The insurer argues that your current symptoms are simply the natural progression of your pre-existing condition—not the result of any workplace injury. To counter this, your medical records need to clearly document a change in symptoms, pain levels, or functional limitations after the work incident.
• Apportionment: Even if your claim isn’t denied outright, the insurer may argue for apportionment—reducing your Permanent Partial Disability (PPD) benefits based on how much your pre-existing condition contributed to your current disability versus how much the work injury contributed. This means your final settlement could be lower than expected.
• Disputing the incident: Your employer may challenge the claim by arguing that the accident didn’t happen as you described, or that the injury isn’t as severe as reported. Documenting the incident immediately with photos, witness statements, and written reports helps protect against this.
• Insufficient medical evidence: If your medical records don’t clearly connect your worsened condition to the work injury, the insurer has an easier path to denial. Vague notes from doctors—or gaps in treatment—can undermine an otherwise strong claim.

Understanding these tactics is the first step. The next is knowing exactly what to do to protect yourself.

How to Protect Your Workers’ Comp Claim With a Pre-Existing Condition

When you have a pre-existing condition, the difference between a successful claim and a denied one often comes down to preparation and documentation. These are the specific steps you should take to strengthen your case:

1. Report your injury within the 90-day deadline. Nevada law requires you to notify your employer and file your workers’ comp claim within 90 days of the injury. Don’t wait—delays give insurers an argument that your injury isn’t as serious as you claim. Report the injury to your supervisor as soon as it happens, ideally in writing.

2. Be transparent about your pre-existing condition. Trying to hide a prior injury or condition will backfire. Insurers will find it in your medical records, and concealing it undermines your credibility. Disclose your pre-existing condition upfront and let the legal protections of NRS 616C.175 do the work.

3. Communicate clearly with your doctor. Your treating physician’s documentation is the backbone of your claim. Make sure your doctor understands the difference between your pre-existing condition and the new work-related injury. Specifically, ask them to document changes in pain location, intensity, frequency, and any new functional limitations that appeared after the workplace incident. A medical record that says “patient reports increased symptoms” is weaker than one that says “objective examination reveals measurable worsening of lumbar disc herniation consistent with reported work injury.”

4. Keep a personal symptom journal. Record your symptoms, pain levels, and daily limitations starting the day of your injury. Note what activities you can and can’t do compared to before the workplace injury. This creates a timeline that supports the connection between your work injury and the worsening of your condition.

5. Cooperate with the Independent Medical Examination (IME). The insurance company will likely request an IME—an examination by a doctor they choose to evaluate your injury and review your medical history. You’re required to attend. Go in prepared: bring your symptom journal, know your medical history, and be honest and consistent about your symptoms. Don’t downplay or exaggerate.

6. Don’t give a recorded statement without legal advice. Insurers may ask for a recorded statement about your injury and medical history. Anything you say can be used to reduce or deny your claim. Before providing any statements beyond the initial injury report, consult with a workers’ compensation lawyer who can guide you on what to share and how to frame it.

Pre-Existing Condition and a Work Injury? Here’s How We Can Help

Workers’ comp claims involving pre-existing conditions are among the most contested cases in Nevada. Insurance companies have entire teams dedicated to finding reasons to deny or minimize your benefits. You shouldn’t have to fight that battle on your own while you’re trying to recover.

The Richard Harris Law Firm has been representing injured workers in Las Vegas and across Nevada for over 40 years. Our workers’ comp attorneys have handled thousands of cases where insurers tried to use pre-existing conditions to avoid paying benefits—and we know how to counter every tactic they use. We work with medical experts who can clearly document the connection between your work injury and your worsened condition, and we know the doctors and specialists in the Las Vegas community who understand how to support these claims.

Keep in mind that Nevada’s workers’ comp system operates under an “exclusive remedy” rule, meaning workers’ compensation is generally your primary path to benefits after a workplace injury—you typically can’t sue your employer directly. However, there are exceptions, such as when an employer fails to carry workers’ comp insurance or retaliates against you for filing a claim.

If you’ve been injured at work and you’re worried about how a pre-existing condition might affect your benefits, we’re here to help you understand your options and fight for what you’re owed.

Frequently Asked Questions