South Carolina firefighters are constantly busy, responding to fire emergencies, medical assistance, hazardous material incidents, and rescue operations. But along with their sense of duty comes the risk of firefighter injuries, occupational illnesses, and even death. Hurricane Helene, the most recent example, claimed the lives of two firefighters, and in 2023, an estimated 63,175 firefighters were injured at work.
Whether injured during an emergency call, training, or maintaining equipment, firefighters may be entitled to workers’ compensation benefits. Understanding these benefits for firefighters is vital to safeguarding their well-being and ensuring they receive the protection they deserve.
This comprehensive guide explores the workers’ compensation benefits available to South Carolina firefighters.
Firefighter Injuries and Occupational Diseases: Medical Conditions Eligible for Workers’ Compensation
Firefighters put their lives on the line daily, facing numerous health risks and potential injuries.
To start, firefighters are regularly exposed to harmful substances, including toxic gases and chemicals, smoke, carbon monoxide, benzene, asbestos, diesel exhaust, and more. These exposures can result in both immediate and long-term occupational diseases, such as:
- Persistent cough
- Hoarseness
- Asthma
- Allergies
- Acute rhinitis and sinusitis
- Various types of cancer, particularly lung and bronchial
- Chronic interstitial diseases
- Constrictive respiratory diseases
Additionally, the physically demanding nature of firefighting and the combination of heavy gear and high temperatures can also lead to a wide range of firefighter injuries, including:
- Sprains and strains from carrying heavy equipment and lifting victims
- Falls and fractures
- Overexertion injuries, particularly to the back and shoulders
- Burns from direct exposure to intense heat
- Smoke inhalation injuries
- Heat exhaustion and heat stroke
- Dehydration from working in extreme conditions
It’s good to know that workers’ compensation for firefighter injuries also includes coverage for mental injuries. Specifically, state resources available to support firefighters diagnosed with PTSD, anxiety, depression, substance abuse, obsessive-compulsive symptoms, etc.
Notably, the scope of workers’ compensation coverage for firefighters in South Carolina is expanding. A new pre-filed bill at the State House, which will be addressed during the January 2025 legislative session, aims to broaden workers’ compensation coverage. If passed, the bill will:
- Add stroke to the list of presumptive conditions covered for workers’ comp.
- Broaden coverage to include heart disease, cardiovascular disease, and respiratory diseases.
Workers’ Compensation Benefits for Firefighters
Under South Carolina’s workers’ compensation laws, firefighters suffering from an occupational disease or other type of job-related injury may be entitled to a variety of benefits, including:
- Medical Expenses: Coverage includes doctor visits, surgeries, medications, and medical devices necessary for recovery.
- Lost Wages: Injured firefighters can receive compensation for a portion of their lost income during their recovery, typically two-thirds of their average weekly wage.
- Vocational Rehabilitation: Workers’ compensation can help cover the expenses of physical therapy or other treatments needed to restore a firefighter’s health and ability to work. In some cases, it may also include vocational training to help firefighters transition to a new role if they cannot return to their previous duties.
- Death Benefits: In the unfortunate event of a firefighter’s death, certain dependents may be eligible for benefits. These include wage replacement and funeral expenses to ease the family’s financial burden.
Beyond standard workers’ compensation benefits, injured firefighters may qualify for additional financial support through:
- Social Security Disability Insurance (SSDI): If a firefighter cannot return to work due to an occupational disease or injury, they may qualify for SSDI benefits. These can supplement workers’ compensation benefits.
- Third-Party Injury Claims: In cases where a third party is responsible for the injury, such as defective equipment or gear, firefighters may pursue a claim against individuals or entities other than their employer. These claims can cover damages not addressed by workers’ comp, such as pain and suffering.
Volunteer Firefighter Compensation
Volunteer firefighters have long been the backbone of fire departments across South Carolina. According to the U.S. Fire Administration, over half of the state’s fire stations operate solely with volunteer staff, and approximately a quarter of other fire stations rely primarily on volunteers. Non-volunteer fire departments make up only 9.8% of the total.
Despite their crucial role, volunteer firefighters face significant ]disparities in benefits after a work-related injury. Unlike full-time firefighters, who are entitled to two-thirds of their average weekly wage during the preceding year, volunteer compensation rates are set considerably lower. Specifically, injured volunteer firefighters in SC are entitled to compensation at a rate of just 37.5% of the state’s average weekly wage in the previous fiscal year. This is regardless of the volunteer’s actual earnings from other employment.
Given the lower volunteer firefighter compensation rate, it’s advisable to explore other compensation options, such as those discussed above, to help cover additional costs and support recovery.
Challenges in Firefighters Workers’ Compensation Claims
The workers’ compensation system provides essential coverage for firefighter injuries and illnesses, but obtaining these benefits can be challenging.
One common obstacle is proving that an occupational disease or injury is directly related to the firefighter’s work. This is particularly true with conditions that don’t show symptoms immediately, such as those caused by repetitive stress or toxic exposure. For example, our office recently worked on a case involving two firefighters who had served for many years and were diagnosed with cancer in their 50s.
Another challenge is the premature return to work. In some cases, the employer’s approved doctor may clear a firefighter to return to their duties before they are fully recovered, potentially worsening the injury.
Properly reporting an injury is crucial to avoid claim denial. If a claim is denied, injured firefighters can appeal the decision through the South Carolina Workers’ Compensation Commission, but the process can be time-consuming and exhausting.
Injured on Duty? Here’s What You Should Do
Firefighters injured on the job are often so focused on their recovery that they may overlook the claim process for benefits for firefighters or feel overwhelmed by it. However, as previously mentioned, timely action is crucial to securing your benefits.
To simplify the process, follow these essential steps:
- Get Medical Care Immediately: Seek treatment right away, regardless of the illness or injury’s apparent severity. This creates an official medical record and prevents potential complications.
- Notify Your Employer: Report your injury to your supervisor as soon as possible. South Carolina law requires notification within 90 days of the incident.
- Ensure a Claim is Filed: Your employer should file a workers’ compensation claim with their insurer. If they don’t, you can file it yourself using Form 50 with the South Carolina Workers’ Compensation Commission.
- Follow Treatment Plans: Adhere to all medical recommendations and attend scheduled appointments. This supports both your recovery and claim validity.
- Document Everything: Keep records of all medical visits, treatments, and any work-related communications about your injury.
Remember, you’re not alone at any stage of the process. Whether you’ve just been diagnosed with an occupational disease, had your claim denied, or are not receiving your full, rightful benefits, seeking legal support from a workers’ compensation lawyer is invaluable.
At Bluestein Attorneys, we have extensive experience representing South Carolina firefighters, and our dedicated team can help you receive the benefits you deserve. To request your FREE Workers’ Compensation consultation, give us a call at (803) 674-8817 or contact us online at any given time. Now it’s our turn to thank you for your service.
