But they must be vaccinated
First responders would receive workers’ compensation insurance benefits for COVID-19 exposure under a bill recently filed in the Florida Legislature, in advance of the first of six legislative committee weeks that begin on September 20. Another bill would include 911 dispatchers, correctional guards, and probation officers as first responders for purposes of workers’ comp coverage.
HB 53 by Rep. Elizabeth Fetterhoff (R-DeLand) would provide a presumption to first responders that any infectious disease, including COVID-19, happened in the line of duty and is thus covered under Florida’s workers’ comp insurance system. Current law gives that same presumption for other diseases such as tuberculosis, hepatitis, meningitis, and most recently expanded cancer coverage for firefighters.
The bill also calls for first responders to be vaccinated unless their physician determines it would pose a significant risk to the worker’s health. “Absent such written declaration, failure or refusal by an emergency rescue or public safety worker to receive the vaccine or undergo such immunization or prophylaxis disqualifies the worker from the benefits of the presumption,” according to the bill. The bill also requires that the worker was not exposed to any person off the job known to have COVID-19 in the 14 days immediately preceding diagnosis.
Meanwhile, HB 49 by Rep. Robin Bartleman (D-Weston) revises the definition of “first responder” to include 911 public safety operators, correctional officers, and probation officers for purposes of eligibility for workers’ comp benefits. They would join the existing group of law enforcement officers, firefighters, and paramedics. The bill would also require employing agencies to provide at least one hour annually of educational training related to mental health awareness, prevention, mitigation, and treatment to be conducted by a mental health specialist in post-traumatic stress disorder.
The six legislative committee weeks, starting in two weeks and lasting through November, lead to the 60-day legislative session scheduled to start on January 11th.
LMA Newsletter of 9-7-21