Charleston Firefighter Not Covered by Workers’ Comp After Heart Attack

CHARLESTON, S.C.

A Charleston firefighter is not only having to recover after experiencing a heart attack on the job, but he is also dealing with the financial burden. Heart attacks are not considered eligible for Workers’ Compensation under current South Carolina law, leaving those who serve the public with limited options.

Firefighter’s Experience

City of Charleston Firefighter Scott McWethy was exercising after training as part of his required work duty on Jan. 4 when he realized something was terribly wrong. “I felt dizzy at first; I didn’t know what was going on,” McWethy says. “I didn’t have any chest pain whatsoever until we all got to the hospital.” His colleagues quickly stepped in and took McWethy to Roper St. Francis when he realized he was experiencing a heart attack. Doctors performed surgery to remove a 100% blocked artery, saving McWethy’s life.

McWethy has devoted 25 years of his life to being a firefighter including 15 years specifically in Charleston. “You never realize how much the brotherhood is until something happens to you,” McWethy says. “Everybody pulls together because they’re like a second family.”

Legal Limitations

Spending the next month at home recovering, McWethy tried to figure out expenses that he and his family were left with. To his surprise, South Carolina Workers’ Compensation did not cover his heart attack. “It’s a sad situation to make you think a firefighter would be covered if they have a heart attack on duty, like I did,” McWethy says. “All because the state’s law is written so funny about Workers’ Comp heart attacks. I do think they need to change.”

State law 42-1-160 reads in part, “Heart attacks arising out of and in the course of employment unaccompanied by physical injury are not considered compensable…” Charleston Firefighters Association Local 61 President John Baker is originally from Florida where Workers’ Compensation covers health conditions like heart attacks. “Being that it’s not something in South Carolina was kind of a shock to me,” Baker says. “Even finding out about other association members in municipalities throughout the Lowcountry suffering from strokes not being covered as well, it was very eye-opening.”

Advocacy for Change

Behind cancer, Baker says cardiovascular diseases are the second most common cause of death for firefighters with 80 to 85% because of cardiac arrest. “Being able to have the education to spread that message and work with our legislators closely to fix this language in different bills that we have put forward, it’s going to not only save people’s lives, but it’s also going to help those who are in Scott’s position where they have a heart attack on duty, and don’t have the backing from workers comp,” Baker says.

McWethy says being out for the last month has depleted his sick and vacation time to the point of experiencing pay deductions. “I’ve run out of sick time and vacation time, which gives me short checks or no checks at all because I don’t have no time,” McWethy says. “The bills pile up along with the other household bills we have to pay.” Both Baker and McWethy hope his unfortunate health scare will push the need for change in the legislation.

Call for Action

McWethy concludes, “I just want the state to sit there and rewrite the law to where it better protects us to where we won’t have to stress out after a heart attack.” The South Carolina Workers’ Compensation Commission did not respond to a request for comment on the story.