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Some Florida Workers’ Comp FAQs From Our Shielded Podcast

When you serve as a police officer, firefighter, or corrections officer, you face risks that most people never see. If the job harms your health in a certain way, you will have questions about your rights. On our Shielded podcast, we hear many of the same questions from first responders, so we gathered some of the most common ones here. A workers’ compensation attorney who understands the difficulties of your job can explain your options, track your deadlines, and respond when an insurance company denies your claim. If you need a first responder workers’ compensation lawyer, Bichler and Longo is dedicated to protecting those who protect and serve.

What Is the Heart Bill, and Who Does It Protect?

Florida’s Heart and Lung Statute, often called the Heart Bill, is found in Section 112.18 of the Florida Statutes. It is one of the most important protections in workers’ compensation law, and it presumes that a diagnosis of these conditions happened in the line of duty:

The Heart Bill covers firefighters, law enforcement officers, and correctional officers, and to use the presumption, you must have passed a physical exam when you started the job, which showed no sign of the condition. The condition must also result in total or partial disability.

This presumption means you do not have to prove that the job caused your illness; however, your employer can try to refute it with competent evidence. You can also lose the presumption if you depart from your doctor’s prescribed treatment in a major way and your condition becomes significantly worse because of it.

Can I Receive Workers’ Comp Benefits for PTSD?

In many cases, yes. Under Section 112.1815, police officers and firefighters can receive workers’ comp benefits for post-traumatic stress disorder (PTSD) without a physical injury. Correctional officers have a similar protection under Section 112.18155.

For police officers and firefighters, a licensed psychiatrist who is an authorized treating physician must diagnose PTSD, which must result from a qualifying event listed in the law. Many of these traumatizing events involve the death of a child, or a death or injury involving serious bodily harm. You must prove the claim by clear and convincing evidence. Timing is critical in any first responder injury claim. Under the law:

  • You must give notice of the injury within 90 days after the qualifying event or your diagnosis, whichever occurs later.
  • You must properly notice your claim within 52 weeks after the qualifying event or your diagnosis, whichever occurs later.

Missing these deadlines can end your claim, so it is important to speak with a lawyer soon after a diagnosis.

What Are the General Deadlines for a Workers’ Comp Claim?

Florida’s workers’ compensation law also sets general deadlines for work injuries:

  • You must report a work injury to your employer within 30 days after the injury or the date it first appears, under Section 440.185.
  • You must file a petition for benefits within two years after you knew or should have known the injury was work-related, under Section 440.19.
  • Receiving benefits or authorized medical care can extend that deadline to one year from the most recent payment or treatment.

Some illnesses follow different reporting rules, and every case has its own details. We can review your dates and help you take action on time.

Call Us for More Answers to Your Florida Workers’ Comp Questions

The Heart Bill, PTSD protections, and strict deadlines all affect the benefits you can receive. You do not have to face these rules alone when your coverage is questioned or denied. When you contact a lawyer at our firm, you will speak with a team that understands the demands of your job and the difficulties of your current diagnosis. Call us today to discuss your claim and learn how we can help you protect your future.