Compensation for Firefighters and Police Officers with Cardiovascular and Pulmonary Diseases in Ohio

Understanding Compensation for Firefighters and Police Officers 

with Cardiovascular and Pulmonary Diseases under Ohio Law

Firefighters and police officers face unique occupational hazards, including exposure to smoke, toxic gases, chemical fumes, and other harmful vapors. Over time, this exposure can lead to serious health conditions, such as cardiovascular and pulmonary diseases. Recognizing the risks involved, Ohio law provides specific protections and benefits for these workers under certain circumstances. One such provision is outlined in section 4123.68(W) of the Ohio Revised Code, addressing how firefighters and police officers can receive compensation when a change of occupation is medically necessary.

What Does the Statute Say?

The statute is designed to provide financial relief to firefighters and police officers who, due to job-related exposure, develop cardiovascular or pulmonary conditions that require them to change occupations. Here's a breakdown of the key provisions:

Medical Finding and Change of Occupation

• If a firefighter or police officer develops a cardiovascular or pulmonary disease (as defined in section 4123.68(W)), they can apply to the Ohio Bureau of Workers' Compensation (BWC) for a finding.

• If the BWC administrator determines that the disease was caused by their work and that a change of occupation is necessary to reduce further exposure to harmful substances (like smoke, gases, or fumes), the firefighter or police officer may be entitled to compensation.

Compensation Structure

• First 30 Weeks: After the BWC determines that a change in occupation is necessary and the worker switches to a safer role with reduced exposure, the firefighter or police officer is entitled to receive 50% of the statewide average weekly wage (SAWW) for 30 weeks. This payment is meant to help ease the transition to a new, less hazardous job.

• Next 75 Weeks: Following the initial 30 weeks, the worker will receive compensation for 66 2/3% of their wage loss directly resulting from the job change for the next 75 weeks, up to a maximum of 50% of the SAWW. This period provides ongoing financial support to mitigate the impact of reduced earnings due to the change in occupation.

Limitations on Benefits

• The statute limits the firefighter or police officer to only one such compensation allowance for changing occupations. In other words, this benefit is available just once for each individual in their career.

• Importantly, benefits will cease if the worker resumes an occupation where their exposure to harmful substances is not significantly reduced compared to their previous role. This ensures that the compensation is only available when the job change truly reduces health risks.

Interaction with Other Benefits

• If the firefighter or police officer is already receiving compensation for a cardiovascular or pulmonary disease under other provisions of section 4123.68, they cannot receive both sets of benefits simultaneously.

• Additionally, the BWC administrator may provide medical and other benefits according to section 4123.66 to cover related healthcare needs.

Why Is This Important?

This statute is crucial because it acknowledges the unique risks firefighters and police officers face and provides a pathway for them to protect their health without losing all financial stability. Cardiovascular and pulmonary diseases are life-threatening conditions that can worsen with continued exposure to harmful substances. By offering compensation and encouraging a change to less hazardous work, the law aims to preserve both the health and financial wellbeing of these vital public servants.

Conclusion

Ohio’s workers' compensation system recognizes the specific risks of jobs like firefighting and law enforcement. Section 4123.68(W) of the Ohio Revised Code provides a structured path for compensation when these professionals must make a medically necessary career shift due to job-related cardiovascular or pulmonary diseases. This provision is an essential safeguard, ensuring that those who protect the public can also protect their own health and financial future.

If you or a loved one are a firefighter or police officer dealing with a work-related cardiovascular or pulmonary condition, it’s important to understand your rights under Ohio law. Consulting with an experienced workers' compensation attorney can help you navigate the process and secure the benefits you deserve.