Miami's Heart/Lung Bill Attorneys

We Can Help Get You the Benefits You Deserve

The Heart/Lung Bill under Florida workers’ compensation law presumes that death or disability due to heart disease, hypertension (high blood pressure), and tuberculosis suffered by law enforcement officers, corrections officers, and firefighters are accidental and suffered in the line of duty. This legal presumption removes the burden of proving that the condition was directly caused by work, which is a key difference from standard workers’ compensation claims.

The law also states that the person must have passed a pre-employment medical evaluation that did not show any of these conditions before beginning employment in a covered position.

If you are diagnosed with these types of conditions, you must tell your employer as soon as possible. Prompt notice is critical, as Florida workers’ compensation laws impose strict reporting deadlines. Missing the deadline could mean that you lose your chance to receive workers’ compensation benefits or face unnecessary delays or claim denial.

We Can Help Get You the Benefits You Deserve.

What Is the Florida Heart and Lung Bill?

The Florida Heart and Lung Bill, established under Florida Statute § 112.18, creates a legal presumption that certain conditions are job-related for eligible first responders.

If you’re diagnosed with:

• Heart disease
• Hypertension (high blood pressure)
• Tuberculosis

The law assumes the condition was caused by your job—unless your employer proves otherwise. This presumption makes it much easier to qualify for workers’ compensation benefits.

Legal Foundation: Florida Statute § 112.18

Florida Statute § 112.18 provides the legal basis for the Heart and Lung Bill’s protections.

Key points include:

• If a first responder becomes totally or partially disabled or dies due to tuberculosis, heart disease, or hypertension, it is presumed to have occurred in the line of duty, unless the employer proves otherwise.
• Eligibility requires passing a pre-employment physical with no signs of the condition.
• For firefighters, if the traditional pre-employment exam was not performed, the medical exam under § 633.412(5) may satisfy the requirement.
• If a fire department fails to retain physical exam records for five years after separation, it is presumed the firefighter met the requirement.
• First responders must file a claim within 180 days of leaving the job to qualify for the presumption.

Limits and Responsibilities

• The presumption does not apply to life or disability insurance policies unless negotiated into the contract.
• Officers or firefighters who ignore prescribed medical treatment and significantly worsen their condition may lose eligibility for the presumption.
• Eligible responders may seek care from a board-certified medical specialist, with treatment covered under workers’ compensation, up to 200% of the Medicare rate.

Who Is Covered Under the Heart and Lung Bill?

Florida Statute 112.18 provides protections and medical assistance to employees who develop debilitating vascular or respiratory conditions in the line of duty. This statute recognizes the unique risks faced by public safety workers, specifically covering conditions such as heart disease, tuberculosis, and hypertension.

Eligible employees include:

• Police officers
• Firefighters
• Correctional officers

Coverage generally applies when the employee’s condition develops after employment and meets all statutory requirements.

Meet the following conditions:

• Passed a pre-employment physical showing no signs of heart or lung disease
• Diagnosed with a qualifying condition while employed

Let Us Help You

You can rely on the experienced attorneys at Touby, Chait & Sicking, PL. We work on all types of workers’ compensation cases, including Heart/Lung Bill cases. We assist clients with filing claims, responding to denials, gathering medical evidence, and pursuing appeals when necessary.

We understand the challenges you may face when trying to get Heart/Lung Bill benefits, especially when insurers dispute eligibility or medical causation despite the legal presumption. Speak with us today about your case and learn how we may be able to help you secure the benefits you deserve under Florida law.

Benefits Available Through the Heart and Lung Bill

If your claim is approved, you may receive:

• Workers’ compensation benefits (medical care, lost wages)
  
• Disability benefits for temporary or permanent injuries
  
• Medical expense coverage
  
• A legal presumption that your condition is job-related
  

Eligible first responders may also access pension and impairment benefits, since the condition is presumed to be occupational in nature.

Special Provisions for Disability Cases

Presumption of Work-Related Disability

If a first responder becomes disabled or dies from one of the protected conditions, the law presumes the job is the cause, as long as a pre-employment physical showed no pre-existing issue.

Disability Benefits Through Workers’ Compensation

Eligible workers can receive:

• Medical care paid by workers’ compensation insurance
  
• Temporary Total Disability (TTD) or Partial Disability (TPD) benefits
  
• Permanent Total Disability (PTD) benefits
  
• Wage-loss benefits and financial support 

Burden of Proof on the Employer

Unlike typical claims, the employer must prove your condition is not job-related, which strongly favors the injured worker.

Continued Benefits After Retirement

Even if you retire or resign, benefits may still apply if the condition developed during employment and meets legal requirements.

Common Challenges in Heart and Lung Claims

Despite the legal presumption, some claims are still denied. Challenges may include:

• Employer disputes over the cause of illness
  
• Missing or incomplete pre-employment physicals
  
• Pre-existing conditions or lifestyle factors (e.g., smoking)
  

Because of these potential issues, it’s crucial to work with an experienced Florida workers’ compensation attorney who understands how to protect your rights.

Heart/Lung Bill FAQs

1. What conditions are covered under the Florida Heart and Lung Bill?

The Heart/Lung Bill covers heart disease, hypertension (high blood pressure), and tuberculosis for eligible first responders, including police officers, firefighters, and correctional officers. These conditions are presumed to be work-related, making it easier to qualify for workers’ compensation benefits.

2. Who is eligible for Heart/Lung Bill benefits?

Eligible employees must pass a pre-employment physical showing no signs of a qualifying condition, develop one of the covered conditions while employed, and be totally or partially disabled as a result. First responders must also file a claim within 180 days of leaving the job to maintain the presumption.

3. Can I still receive benefits if I retire or resign?

Yes. Even if you retire or resign, benefits may still apply as long as the condition developed during employment and meets the statutory requirements under Florida Statute § 112.18.