Your Preexisting Condition Does Not Disqualify You From Workers’ Comp In Orlando

You injured your back lifting a patient at work. The insurance company denied your workers’ comp claim because you had a bulging disc years ago. Now you wonder if your medical history has cost you the benefits you need to recover. Florida law protects workers like you, even when a preexisting condition exists.

At Hilado Law, PLLC, we represent Orlando workers whose legitimate injury claims were denied based on outdated medical records or insurance company tactics. We work hard to prove that your workplace accident caused real harm and that you deserve full benefits under Florida law.

What Is An Aggravation Of A Preexisting Condition In Florida?

Florida workers’ compensation law recognizes two types of changes to a preexisting condition:

• Exacerbation: A temporary flare-up that returns to your baseline after treatment
• Aggravation: A permanent worsening that creates a new, lower baseline requiring ongoing care

An aggravation qualifies for workers’ comp benefits because the workplace accident caused lasting damage beyond what existed before. Insurance companies often claim your injury is just natural progression or a temporary flare-up. We use medical records, imaging comparisons and expert testimony to prove your condition worsened permanently because of the work accident.

The 51% Rule: Florida’s Major Contributing Cause Standard

Florida law requires that your workplace accident be the major contributing cause of your need for treatment. This means the accident must be more than 50% responsible for your current injury. You do not need a perfect medical history. You only need proof that the work event caused more harm than your preexisting condition.

Insurance companies misuse this standard to deny valid claims. They argue that any prior injury disqualifies you. That is not the law. We gather evidence showing that your workplace accident, not your medical history, is the primary reason you need care now.

Overcoming IME Denials And Proving Your New Baseline

Insurance doctors often label real injuries as natural progression during independent medical examinations (IMEs). These doctors work for the insurance company and rarely see the full picture. We fight these denials by comparing your medical records before and after the accident. We use imaging studies, treatment notes and your own physician’s opinion to prove your physical status changed after the work injury. This evidence establishes a new baseline and shows the accident caused lasting harm.

We Fight Denied Workers’ Comp Claims Based On Preexisting Conditions

If your workers’ comp claim was denied because of a preexisting condition, contact Hilado Law, PLLC, today. Call 407-634-5848 or reach out online to schedule your free consultation with one of our experienced Orlando workers’ compensation attorneys.