How to File a Heart Bill Claim (And Why You Need To)
At Bichler & Longo, PLLC, we understand that first responders face unique challenges on the job. Our firm is dedicated to providing workers in your field with the answers and guidance you need. So, if you missed our Shielded podcast episode where we discussed the Heart Bill, here’s a brief recap.
Whether you serve your community as a firefighter, police officer, or corrections officer, you may be eligible to file a claim under this legal assumption. Our team of skilled workers’ compensation attorneys explain how to file a Heart Bill claim (and why you need to).
What Is a Heart Bill Claim?
A Heart Bill claim (or Heart and Lung Act claim) is a specialized workers’ compensation program for first responders. Unlike traditional benefits, the bill focuses on specific diseases that are presumed to be linked to dangerous, high-stress occupations, including heart disease, hypertension, and tuberculosis.
Thanks to Florida Statute § 112.18, the law now shifts the burden of proof to the employer. Your company must show that your condition was not caused by job stress to claim benefits. Under the Heart Bill, you are entitled to medical benefits that cover necessary treatments and up to five years of lost wage benefits. But only if you check all the boxes and file your claim correctly.
How to File a Heart Bill Claim
This law could be the most important protection you have as a first responder, but you need to know how to use it. Here is a step-by-step guide to filing a Heart Bill claim:
- Report your diagnosis to your supervisor to start the process.
- Gather medical records that link your condition to job-related duties.
- File official claim paperwork, such as Florida workers’ compensation form DWC-1.
- Ensure that all forms are filed within statutory time limits, typically two years from the disabling accident in Florida.
- See only doctors approved by your employer or insurance carrier to prevent a denial.
Filing a Heart Bill claim is crucial for first responders to receive specialized workers’ compensation benefits. It provides legal presumption that these conditions are work-related, ensuring access to medical care, disability payments, and potentially covering dependent benefits, even if the condition manifests off-duty.
Once you are covered, you would never have to pay for a doctor’s appointment or prescription for this injury again. You may also be eligible for impairment benefits, based on your percentage of disability, which means access to tax-free payment, even when you go back to work full time.
Mistakes to Avoid When Filing a Heart Bill Claim
Timing is everything when filing a Heart Bill claim. You only have a 30-day window to report your qualifying condition to your employer to get this claim going. The statutory time clock does not start ticking until you become aware that your condition is work related, but do not assume that your HR department is going to understand the nuances of this law. Even if you think you do not qualify for benefits, either because you are a smoker, have family history, or are considered obese, do not let fear of a denial prevent you from applying for benefits.
Let Us Help You File a Heart Bill Claim
If you want to know more about how to file a Heart Bill claim, reach out to our office today. At Bichler & Longo, advocating for injured first responders who qualify for the Florida Heart and Lung Statute is our firm’s primary focus. Let us help you secure what your employer owes you, especially if your claim has already been unjustly denied.
