Florida’s first responders risk health problems such as infectious diseases, heart disease, back pain, disabling physical injuries, and other issues due to the nature of their high-stress jobs. The Florida Heart and Lung Bill, often known as the “Florida Heart Bill,” provides police officers, corrections officers, and firefighters with important protections when they need to file a workers’ compensation claim for tuberculosis, heart disease, and high blood pressure.
Doctor visits for injured first responders are a critical part of any claim under the Florida Heart Bill or through traditional workers’ compensation. Our attorneys can answer your questions and help guide you through the process.
The Heart Bill exists under Florida Statute § 112.18, and seeks to assist first responders in making workers’ compensation claims for certain conditions developed on the job. A presumption exists in favor of police officers, firefighters, and corrections officers that have a diagnosis of heart disease, hypertension, or tuberculosis is work-related. This shifts the burden of proof from the injured claimant to the employer or insurer seeking to deny the claim.
Whether the injury is covered under the Heart Bill or not, Bichler & Longo provides important legal advice for scheduling and responding to an official doctor’s exam.
After a first responder initiates the worker’s compensation process, the employer will typically report the issue to their workers’ compensation insurance carrier. Under Florida law, insurance carriers can select the doctor providing initial treatment for the work-related injury.
Injured employees can ask for a one-time change in medical providers if they are unhappy with the initial choice of doctor. However, the insurance company again has a say in who that next doctor will be.
First responders have the right to request an Independent Medical Examination (IME) if they are disappointed with their medical care during a workers’ compensation claim. For example, the worker might disagree with their provider about the severity of their health condition, or believe they need a different approach to treatment. The results of an IME can be considered by judges when ruling on workers’ compensation claims.
You should contact an attorney as soon as possible in order to file the proper paperwork for compensation. If you go beyond the one-year statute of limitations (which begins running the day of your injury), and you still have not had a medical exam that confirms your injury, there is very little chance you will be able to collect the compensation you are owed
Have your doctor write down their recommendations for your working capability and provide it to your employer so they can accommodate you in the short-term while you heal. If accommodation is not possible, you may still be able to collect certain benefits.
It is not uncommon for a doctor chosen by an insurance company to say that a worker’s condition was not work-related. Doctors might not have been given your full medical history, or informed that a prior injury was also related to the job as a first responder. If you disagree with a medical opinion from a doctor during the workers’ compensation process, you should meet with an experienced Florida lawyer from Bichler & Longo as soon as possible.
If you are a first responder and suffered a serious injury or health issue during your employment, you can pursue workers’ compensation, potentially with the assistance of the Heart Bill. Doctors visits will be a crucial step in how your workers’ compensation claim will play out, and they aren’t always looking out for your best interests. Bichler & Longo can help you navigate your medical visit, understand what their response means, and take action if there was an unfair analysis of your health condition.