Pre-existing Injuries

From 29 June 1998, when employing a new worker, an employer may, after describing the work duties in writing,

• ask you, in writing, about any pre-existing illness or injury which you not only know about, but could reasonably foresee that the condition could be affected by the described work duties; and
• advise you, in writing, that failing to disclose such a condition will mean you will not be paid compensation for that condition.

The aim is to help your employer provide a safe workplace for you and other workers and to prevent injuries from recurring. For instance, your employer might be able to modify your role or provide different equipment to you complete your tasks.

This requirement does not affect any obligation an employer has under the equal employment opportunity and disability discrimination laws.

More Information
•Contact your WorkSafe agent
•Contact the Advisory Service