To apply for benefits under Florida’s Heart and Lung Bill, first responders need to meet specific criteria. You do not necessarily need a lawyer to apply, but you should know that employers and insurers might be able to deny benefits if it is done incorrectly. Given the stakes, Bichler & Longo is available to help anyone who is trying to get their deserved benefits under the Heart Bill.
To apply for benefits under the Florida Heart Bill, the first responder must be a member of a protected class, such as a firefighter, law enforcement officer, or correctional officer. The first responder must also have been diagnosed with a covered condition, namely: heart disease, hypertension, or tuberculosis.
A successful pre-employment physical is another crucial requirement. If your pre-employment physical did not reveal the condition, it strengthens your claim.
Additionally, the condition must result in some degree of disability, whether total or partial, to qualify for benefits, meaning you are unable to perform your job fully. In this case, that can include: being unable to work, being restricted from certain duties, or needing medical treatment.
Once a claimant meets these criteria, the burden shifts to the employer to prove that the condition is not work-related. Employers or insurance companies can try to challenge the presumption by presenting evidence that the condition was not work-related. This is why we do not recommend you try and make your case alone. Due to the complexities of claims under the Heart and Lung Bill, it is vital to seek legal advice from an experienced attorney who can protect your rights and advocate for maximum benefits.
Workers’ compensation benefits, and any settlement that you receive from workers’ comp, are not taxable. Covered first responders who receive impairment benefits checks may cash those checks without fear that it will close out their case. As long as you continue to see your authorized medical provider and you do not agree to a settlement, your claim will continue.
It is important to be truthful and accurate when you apply for workers’ compensation benefits. The law makes it easier for you to be approved as a first responder, but that doesn’t mean it’s guaranteed. Please call Bichler & Longo today if you need legal assistance with applying for Heart Bill benefits – we are here for you every step of the way!