One of the most common defenses Walmart raises after a warehouse or distribution center injury is that the condition was “pre-existing.” Many injured workers hear this after mentioning prior back pain, a chiropractor visit, or an old strain. But under Texas non-subscriber law, a prior condition does not automatically defeat a claim—especially when a work injury clearly made it worse.
Because Walmart is a non-subscriber in Texas, these cases are evaluated under negligence principles, not workers’ compensation rules. That distinction matters more than most injured workers realize.
What Walmart Means When It Labels an Injury “Pre-Existing”
When Walmart uses the term “pre-existing,” it is usually attempting to argue that:
- The injury did not occur at work, or
- The work incident did not materially change your condition
This label is often applied broadly, even when the worker:
- Had occasional soreness but no limitations
- Had never missed work before
- Had no need for ongoing treatment
The word “pre-existing” sounds definitive, but legally, it is only the beginning of the analysis.
Prior Back Pain Does Not Cancel a Texas Non-Subscriber Claim
Texas Law Focuses on Worsening, Not Perfection
In Texas non-subscriber cases, the question is not whether your body was perfect before the incident. The real question is whether Walmart’s negligence aggravated, accelerated, or worsened a condition.
Many successful claims involve workers who:
- Had manageable pain before
- Were fully performing their job
- Experienced a clear increase in symptoms after the incident
Aggravation of an existing condition is a recognized basis for liability.
What “Aggravation” Means in a Legal Context
A Change in Symptoms, Function, or Treatment
Aggravation can be shown when the work injury caused:
- Increased pain intensity
- New symptoms (numbness, weakness, radiating pain)
- The need for new or more invasive treatment
- Work restrictions that did not previously exist
You do not need a brand-new diagnosis for a valid claim—a measurable worsening is enough.
How Medical Records Can Support (or Undermine) Your Case
Medical records often make or break pre-existing condition arguments. What matters most is not the existence of older records, but the contrast between before and after.
Helpful documentation includes:
- Records showing minimal or no treatment before the injury
- New imaging after the incident
- Doctor notes describing symptom escalation
- Changes in work restrictions
Consistency across providers is especially important.
Why Job Duties and Force Matter More Than Medical History
Walmart Focuses on History—Lawyers Focus on Mechanism
In many cases, the physical demands of the job tell the real story. Lifting, twisting, pushing, or sudden load shifts can clearly explain why a condition worsened.
Factors that strengthen these claims include:
- Heavy or repetitive lifting
- Awkward postures
- Time pressure or understaffing
- Sudden events like load shifts or slips
Even a vulnerable spine can be further injured by unsafe working conditions.
Walmart Workers' Comp FAQs
- Walmart Workers Compensation Claims
- Walmart Work Injury Lawsuits
- Top 5 Myths in Walmart Worker’s Compensation Cases
- Walmart Workers Compensation FAQs
- About Your Walmart Workers’ Comp Case: What You Should Know [Infographic]
- How Soon Do I Have to Report My Injury to Walmart?
- Can Your Walmart Non-Subscriber Case Be Resolved In Less Than A Year?
Common Mistake: Downplaying Prior Pain—or Overexplaining It
Some workers either deny any prior pain or overshare their entire medical history. Both approaches can cause problems.
A better approach is:
- Be honest but factual
- Focus on functional ability before the injury
- Clearly describe what changed afterward
The goal is clarity, not perfection.
Why Walmart Pushes the “Pre-Existing” Narrative Early
Labeling an injury as pre-existing helps Walmart:
- Reduce payout exposure
- Justify limited treatment
- Argue the injury was inevitable
But early labels are not final legal conclusions. With proper evidence, these defenses are routinely challenged.
| Issue | Why It Matters in Walmart Injury Claims |
|---|---|
| Pre-Existing Condition Label | Does not automatically defeat a claim |
| Aggravation of Injury | Worsening of a condition is legally compensable |
| Medical Record Contrast | Before-and-after comparison is critical |
| Job Duties & Force | Physical demands explain symptom escalation |
| Early Documentation | Initial records often shape Walmart’s defense |
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