If you are a first responder, Florida’s Heart and Lung Bill (often simply called “the Heart Bill”) gives you the right to a presumption that heart disease and other identified conditions you developed are work-related. The presumption makes it easier to receive free treatment for the condition under workers’ compensation.
Although the law helps you to get the coverage you have earned, an employer could still challenge a request for benefits. You need a local attorney with experience handling workers’ compensation for first responders. Get in touch with one of our Florida Heart Bill lawyers for help.
Florida Statute § 112.18 is the law that people know as the Heart Bill, and it specifically protects three classes of first responders: corrections officers, firefighters, and police officers.
The law says that when a qualified first responder develops tuberculosis, high blood pressure, or heart disease (or a related condition, including mental health conditions like anxiety or PTSD), they are entitled to a presumption that their condition is work-related. It does not matter whether you are on duty when you have a medical incident that leads to the diagnosis—as long as you are employed as a first responder and your certifications are up-to-date, the law covers you 24/7.
You may receive your initial diagnosis from your private physician, and if so, it is critical to notify your employer immediately. The law allows a workers’ compensation insurer to deny a claim if the insurer is not notified within 30 days of diagnosis. It is wise to contact Bichler & Longo’s attorneys when you receive a diagnosis protected under the Florida Heart Bill, so we can oversee your case and ensure you receive your benefits.
The Heart Bill covers you if you are employed as a corrections officer, firefighter, or police officer when you are diagnosed with a disabling conditions due to your job duties. If you meet those criteria, there are two more requirements you must meet for the workers’ compensation to apply to you.
You must have had a pre-employment physical exam that did not note the presence of this condition. When you can show that you did not have this condition before you started your employment, then the presumption exists that the condition is work-related.
The final requirement is that your health condition must cause you to be partially or totally disabled, and a workers’ compensation-approved doctor must certify that you qualify for impairment benefits. If your doctor feels that your health condition is not disabling enough to qualify you for Florida Heart Bill protection, our attorneys can potentially help you appeal the physician’s decision.
A diagnosis of a work-related injury or condition qualifies a worker for free medical care and a partial wage while you are disabled. However, a workers’ compensation insurer can refuse to pay benefits if it believes a condition is not work-related. Offering first responders a presumption that their health condition is work-related spares you the stress and potential delay of having to prove it.
Demonstrating that a health condition developed because of working conditions can be challenging. There is substantial medical evidence that stress can lead to high blood pressure and heart disease, but other unrelated factors also may have an impact. The Florida Heart Bill protects public servants in specific high-stress professions by creating a presumption that these conditions are work-related.
An employer or their insurance company can still challenge whether your condition is work-related. However, they must provide evidence showing that another factor was the more likely cause of the disease, like a family history of heart disease or lifestyle choices that can lead to high blood pressure. You can fight back against an employer’s challenge to your Heart Bill benefits by working with our skilled Florida attorneys.
Being a first responder is a dangerous job and some of them are risking their lives every day. Even when you come home safely every night, the effects of the stress and irregular hours can lead to life-threatening health conditions.
If you develop one of the covered medical or mental health conditions while on the job, contact our Florida Heart Bill lawyers for help. We can ensure that you meet the requirements to take advantage of the bill’s protections and get the benefits you absolutely deserve.