Firefighters put their health and safety at risk every day that they show up to work. Not only do they often need to rush into burning buildings, but they also see people experiencing medical and psychiatric emergencies. They are at risk of violence and other sources of physical trauma.
Additionally, they are under constant stress and may end up exposed to dangerous chemicals at house fires, car fires and other incidents. Firefighters injured or sickened in the line of duty may be eligible for workers’ compensation benefits. In fact, state law imposes a presumption of causation for certain medical conditions that can help firefighters quickly access benefits to cover their care costs and replace their lost wages after a devastating medical diagnosis.
What conditions are subject to a presumption under the law?
There are numerous different medical conditions that the law generally presumes stem from a firefighter’s service. Especially in cases where firefighters have served their communities for five years or longer, a diagnosis alone may be enough to qualify them for workers’ compensation benefits without any proof of direct causation. The burden of proof shifts to the employer if they intend to challenge the claim for benefits.
Under the law, there is a legal presumption that certain conditions stem from a firefighter’s employment. The conditions covered by the state’s presumption of job causation include:
- Respiratory disorders
- Cardiac/circulatory disorders
- Various types of cancer, including blood, oral and lymphatic cancers
- Bloodborne illnesses, such as human immunodeficiency virus (HIV)
- Tuberculosis
- Meningococcal meningitis
- Methicillin-resistant Staphylococcus aureus (MRSA) infections
In cases involving infectious illnesses, a firefighter’s medical testing before beginning their job can serve as proof they did not have pre-existing illness and that employment-related exposure is likely the source of their medical challenges.
Firefighters do not need to prove that their employment directly caused their condition to be eligible for medical and disability benefits. They may only need proof of their current or former employment as a firefighter and diagnostic records validating that they have a condition explicitly addressed in state law. Of course, there can still be complications during the claims process, including disputes about treatment plans.
Firefighters with serious medical issues caused by their careers likely need assistance navigating the claims process and maximizing the benefits they ultimately receive. Retaining the support of an experienced Omaha-area workers’ compensation attorney can help firefighters pursue the benefits they need after their careers cause devastating medical issues.