Florida’s law enforcement officers, firefighters, and correctional officers face stressful tasks and hazards on a regular basis. Due to the nature of their work, first responders are exposed to high risks of health problems such as heart disease, infectious diseases, and many other issues. The Florida Heart and Lung Bill, also known as the “Heart Bill,” helps first responders collect on workers’ compensation claims by creating a presumption that certain illnesses are work-related in certain circumstances.
However, insurers might still deny benefits and argue that a condition was not connected to the claimant’s work. When this happens, a Florida Heart Bill claim denial lawyer can investigate the claim and determine if you can appeal the denial.
The Heart Bill is found within Florida Statute § 112.18, and aims to make work-related claims simpler for first responders with certain medical conditions. Under a standard workers’ compensation claim, employees with work-related injuries or illnesses will need to show that the health condition is related to the worker’s employment. Benefits can be denied if claimants struggle to make the connection between their job and their medical condition.
Through the Heart Bill, police officers, firefighters, and corrections officers are entitled to a presumption that certain types of health issues are work-related, notably heart disease, hypertension, and tuberculosis.
The Heart Bill ensures that any of these conditions are presumed to be work-related if they developed during an officer’s employment. The key factor in a Heart Bill claim is whether a pre-employment physical showed any pre-existing conditions that are later claimed to be work-related. Injured workers will also need to show documentation of the impairment, and how it diminishes their ability to work.
Workers’ compensation is given 120 days to perform an investigation of the incident, at which point they can then deny the claim; or they can deny the claim outright from the start.
Employers and insurance providers might deny a claim made under the Heart Bill. Often, they will argue that the claimant does not qualify for the presumption of coverage, or that the health condition was pre-existing. Florida law requires clear and convincing evidence to overcome the presumption in favor of employees, yet many insurance carriers will still deny a claim. We find that most denials are improper and incorrect.
If a Florida Heart Bill claim was denied for any reason, workers should not give up. Claims are commonly denied because there was no disability identified (in other words, no work restrictions), but future events might lead to work restrictions. We can work with you to determine when a new event demands a new workers’ compensation claim, and also determine if additional payments need to be made.
If you are a first responder who suffered a qualifying health condition during the course of employment, you must know your legal rights under the Florida Heart Bill. This vital piece of legislation helps first responders when a workers’ compensation claim must be filed. Even if a claim is denied, you still have options. Contact a Florida Heart Bill claim denial lawyer today to schedule a consultation and get your claim back on track.