pexels-pixabay-532001

What Happens If You Can’t Return to Work After Filing a Heart Bill Claim?

Voluntary Retirement vs. Medical Separation and How to Plan Your Exit

By Paolo Longo | Bichler & Longo | June 2025

If you’re a Florida first responder who’s filed a claim under the Heart/Lung Bill (F.S. 112.18), you may be facing one of the toughest decisions of your career: “What do I do if I can’t go back to work?”

Maybe your doctor says you’re permanently restricted. Maybe your department’s made it clear they can’t accommodate your limitations. Either way, your condition has changed—and now it’s time to think seriously about your exit strategy.

At Bichler & Longo, we’ve helped thousands of first responders navigate this exact situation. In this post, we’ll break down:

  • The difference between voluntary retirement and medical separation
  • The risks of retiring too early
  • How to protect your pension, benefits, and financial future

🚨 Why Your Exit Strategy Matters

The way you leave your job can impact:

  • Your workers’ comp eligibility and settlement
  • Your pension or disability retirement
  • Access to health insurance or continued medical care
  • Your legal position if your claim is disputed

Too often, we see injured or ill first responders retire too early, not realizing that it can weaken their case. Instead, we help our clients exit in a way that maximizes their legal rights and financial benefits.

🏁 Voluntary Retirement vs. Medical Separation

Let’s look at the two most common paths out of the job:

✅ Voluntary Retirement

  • You initiate it yourself—typically based on age or years of service.
  • You resign and apply for your pension through your agency’s board.
  • You may forfeit some benefits if you’re still in the middle of a workers’ comp claim.

🚫 Medical Separation (Disability/Involuntary Separation)

  • Your employer separates you because of a medical inability to return to duty.
  • Often backed by work restrictions or a doctor’s report.
  • Strengthens your claim that your condition is job-related and disabling.

💡 Pro tip: If you voluntarily retire before you’re medically separated, you might lose leverage in your workers’ comp case. The insurer may argue, “You weren’t really disabled—you chose to retire.”

📊 Strategizing Your Exit: Timing Is Everything

We often advise clients to:

  • Wait for medical separation instead of jumping to retire.
  • Document permanent restrictions that show why you can’t return to duty.
  • Coordinate your pension and comp timelines for the best outcome.
  • Avoid signing any retirement paperwork until you’ve spoken to a workers’ comp attorney.

When done correctly, this strategy can help you:

✅ Preserve access to workers’ comp benefits
 ✅ Strengthen your disability pension application
 ✅ Position you for a better settlement or financial package

💵 Financial Planning: Protecting Your Future

Leaving the job due to heart disease or hypertension isn’t just about a paycheck—it’s about your long-term stability. Here’s what we help clients consider:

🧾 Pension

  • Are you eligible for normal retirement or disability retirement?
  • Disability pensions may provide more income and earlier access.

⚖️ Workers’ Comp Settlement

  • Should you pursue a lump sum settlement?
  • Should you keep your case open for continued medical care?

🏥 Health Insurance

  • Does your city offer continued coverage under the Hometown Heroes Act?
  • What are your options under COBRA?

🧓 Social Security Disability

  • If you’re unable to perform any gainful employment, you may qualify.
  • Important for younger first responders who haven’t hit retirement age yet.

Each piece of your exit affects the others—so the key is having a coordinated plan.

🛡️ You Don’t Have to Do This Alone

If you’re facing the possibility of leaving the job because of a heart-related or other physical condition, you deserve guidance and protection. At Bichler & Longo, we:

  • Help you evaluate the timing of your retirement or separation
  • Coordinate with pension and financial experts
  • Fight to secure the maximum workers’ comp benefits available
  • Assist with global settlements that cover medical care, indemnity, and legal closure

📞 Talk to Us Before You Retire

Retirement is a big step—and in cases involving Heart Bill claims, it can have legal consequences.

Let’s make sure you’re protected.

📲 Call us today at (407) 599-3777
 🌐 Visit bichlerlaw.com
 📧 Email info@bichlerlaw.com
 📱 Follow us: Facebook | Instagram