If you or a loved one works as a firefighter, you may wonder, “Can NC firefighters get workers’ comp for heart disease?” Heart disease is a covered condition, but insurers often dispute heart-related claims.
Firefighters risk their lives every day to save people experiencing a tragedy. There are numerous risks associated with being a firefighter, including traumatic injuries, occupational cancer, and sudden cardiac events. A firefighter injury attorney can help you get the benefits you deserve.
Hire a Firefighter Injury Lawyer
Heart disease can be an overwhelming diagnosis for anyone. As a firefighter, your occupation may have had a direct impact on the development of this life-threatening illness. You shouldn’t face the challenge of filing a workers’ compensation claim without experienced support.
When you hire a firefighter injury lawyer from Ayers, Ayers and Dressler, you gain a team of advocates with a proven track record of seeking fair compensation for our clients. We understand North Carolina’s workers’ compensation laws and how they apply to your case.
North Carolina Nonfatal Occupational Injuries and Illnesses
In North Carolina, firefighters are classified as working for the local government sector. According to information collected by the U.S. Bureau of Labor Statistics, cases of nonfatal occupational injuries and illnesses within the local government totaled 3,900 in 2024. Of these cases, 900 required days away from work, and 1,100 required a job transfer or restrictions.
When filing for workers’ compensation, your claim has to be submitted to the North Carolina Industrial Commission (NCIC). Claims are heard in courthouses and regional offices throughout the state by Deputy Commissioners. Appeals are heard by the full commission at the headquarters in Raleigh.
Steps For Filing Workers Comp. For Heart Disease Claims in North Carolina
After you have experienced a heart disease-related illness while on the job, there are a few steps you have to follow to file a claim for workers’ compensation benefits:
- Report your illness to your employer: Your employer may have a specific healthcare provider that you need to see, or you may be permitted to see any appropriate provider.
- Seek medical attention: See a provider based on the requirements of your employer. Tell the provider you see that your illness is work-related and provide your employer’s information.
- Report to your manager: Inform your manager or the owner about your workplace illness. If you are unable to report yourself, have a family member or friend contact your manager.
- Provide written notice of the illness: Within 30 days of the incident, provide your employer with a written statement detailing what happened on the date of the incident and the illness that occurred.
- Follow your healthcare provider’s treatment plan: If you are prescribed medication, physical therapy, or any treatment, ensure you follow the treatment plan and attend any follow-up appointments.
- Complete the necessary documents: Within five days of the date you report the incident, your employer should provide you with a copy of Form 19 and Form 18. You need to complete Form 18 and send it to the NCIC.
Workers’ Compensation Benefits Available in North Carolina
The North Carolina workers’ compensation benefit program offers several benefits for covered employees. These benefits include:
- Medical care: Benefits cover the cost to cure, relieve, or lessen the period of disability, including medical, surgical, hospital, and related services.
- Disability: When you are unable to work due to an illness, your benefits cover wage replacement, generally at two-thirds of your average weekly wage.
- Death benefits: If a workplace illness or injury results in the death of the employee, their surviving family members may qualify for financial support and burial expenses.
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FAQs
What Heart Condition Would Stop You from Being a Firefighter?
Several heart conditions could disqualify a candidate from becoming a firefighter. The standard for firefighter medical evaluations is outlined in the National Fire Protection Association 1582. Category A conditions are automatic disqualifiers.
Category A conditions include coronary heart disease, previous myocardial infarction, congestive heart failure, a history of ventricular tachycardia, and any medical requirement for an implanted cardiac defibrillator or pacemaker.
Why Are Heart Cases Challenging in Workers’ Compensation Claims?
Heart cases are challenging in workers’ compensation claims for several reasons. For workers’ compensation to apply, you have to prove the heart condition was caused by an “injury by accident” related to the specific work being performed.
Heart cases also tend to develop over many years before becoming evident. The employee has to prove there were no pre-existing conditions and that the illness is related to their specific job duties.
Who Is Exempt from Workers’ Compensation in North Carolina?
Many businesses in North Carolina are required to provide workers’ compensation benefits for their employees, but there are some exceptions. Employers with fewer than three employees are not required to offer workers’ compensation benefits.
Independent contractors are exempt from receiving workers’ compensation benefits as long as they have been appropriately classified.
Does North Carolina List Heart Disease as a Presumptive Disability for Firefighters?
No, North Carolina does not list heart disease as a presumptive disability for firefighters. Firefighters bear the burden of proving that their heart disease or hypertension developed as a result of on-the-job hazards and exposure.
Although heart disease is a presumptive disability for firefighters in dozens of other states, North Carolina has not included heart disease or lung conditions. Conditions that are considered presumptive can be found in North Carolina’s Occupational Diseases Enumerated statutes.
Does Workers’ Compensation Cover Volunteer Firefighters?
Yes, workers’ compensation does cover volunteer firefighters. In North Carolina, volunteers are treated as employees when it comes to coverage purposes. Coverage applies when volunteers are involved in volunteer tasks, responding to emergencies, or during required training.
Volunteers are compensated at two-thirds of the average of their regular weekly wages from their primary job, or two-thirds of the state’s maximum compensation rate for the year of the injury.
Contact Ayers, Ayers and Dressler
When you’ve been diagnosed with heart disease, it’s important to follow the advice of your physician. During this challenging time, you should focus on your health and recovery without concern for your day-to-day expenses.
A North Carolina firefighter injury attorney can handle your workers’ compensation claim while you focus on your own recovery. Contact Ayers, Ayers and Dressler today to schedule your initial consultation.
