HB 4260: Workers' Comp for First Responders

On February 12, 2026, Oklahoma's House Civil Judiciary Committee voted unanimously to advance House Bill 4260 — a measure that would fundamentally change how firefighters, police officers, and emergency medical technicians prove their workers' compensation claims when they suffer heart attacks or strokes on the job. The bill, authored by Representative Neil Hays, creates a legal presumption that these cardiac and cerebrovascular events are work-related when they occur within eight hours of strenuous emergency response activity or training. If signed into law, HB 4260 would take effect on November 1, 2026.

For first responders and their families, this bill addresses a problem that has persisted for years: proving causation in workers' compensation cases involving heart attacks and strokes that strike during or shortly after the most physically and emotionally demanding work imaginable.

The Problem HB 4260 Solves

Under Oklahoma's current workers' compensation framework, an injured worker must prove that their injury arose "in the course and scope of employment." For traumatic, visible injuries — a broken bone on a construction site, a laceration from defective equipment — causation is usually straightforward. For cardiovascular events, it is anything but.

When a firefighter collapses from a heart attack two hours after pulling a family from a burning structure, the medical causation question becomes complicated. Insurance carriers routinely argue that the heart attack was caused by pre-existing conditions — hypertension, cholesterol, family history, lifestyle factors — rather than the extreme physical and emotional stress of the emergency response. The firefighter's family, already devastated, finds itself fighting a legal battle over whether the event was "really" work-related.

This dynamic creates a cruel paradox. First responders face occupational hazards that dramatically increase their cardiovascular risk — exposure to extreme heat, toxic smoke, physical exertion beyond what most workers ever experience, and the relentless psychological stress of life-and-death decision-making. Yet the very conditions that make their jobs dangerous also make their workers' comp claims harder to prove because insurers can point to "other possible causes."

HB 4260 cuts through this problem by creating a rebuttable presumption. Instead of forcing the first responder or their survivors to prove that the emergency response caused the cardiac event, the bill presumes the link exists — and requires the employer to prove otherwise.

What HB 4260 Actually Does

The bill, officially titled the "Oklahoma Workers' Compensation Act of 2026," amends the existing Administrative Workers' Compensation Act to add a new presumption specifically for qualifying first responders.

Who is covered. The bill applies to three categories of first responders: firefighters, peace officers, and emergency medical technicians (EMTs). These are the professionals most routinely exposed to the extreme physical demands and acute stress that medical research has linked to elevated cardiovascular risk.

What events trigger the presumption. The presumption applies when a qualifying first responder suffers an acute myocardial infarction (heart attack) or cerebrovascular accident (stroke) that results in disability or death.

The eight-hour window. The cardiac or cerebrovascular event must occur within eight hours of the first responder engaging in strenuous emergency response activities or training. This time frame reflects medical research showing that the physiological effects of extreme exertion and stress — elevated blood pressure, adrenaline surges, cardiac strain — can persist for hours after the activity ends.

How the presumption works. If a covered first responder meets these conditions, the heart attack or stroke is presumed to have occurred within the scope of employment. The burden then shifts to the employer (or its insurance carrier) to rebut the presumption — meaning the employer must produce evidence showing that the event was not work-related. Without that evidence, the claim is treated as compensable.

When it takes effect. If signed into law, HB 4260 takes effect November 1, 2026.

Why the Presumption Matters

The difference between having and not having a presumption is enormous in practice. Without it, a first responder's family must hire medical experts, compile employment records, document the specific emergency response activity, and prove — by a preponderance of the evidence — that the job caused or significantly contributed to the cardiac event. Insurance companies respond with their own experts, often cardiologists who testify that pre-existing conditions were the "real" cause.

With the presumption, the legal starting point changes. The first responder (or their survivors) need only show that they are a covered first responder, that they suffered a heart attack or stroke, and that the event occurred within eight hours of strenuous emergency duty or training. Once those threshold facts are established, the claim is presumptively valid. The employer must then overcome the presumption with affirmative evidence — a significantly higher hurdle than simply challenging the claimant's proof.

This shift matters because it aligns the legal framework with the medical reality. Research consistently shows that firefighters face substantially elevated cardiovascular risk compared to the general population. The International Association of Fire Fighters reports that cardiac events are the leading cause of line-of-duty deaths among firefighters nationwide. Police officers and EMTs face similar, though somewhat lower, elevated risks from the combination of physical exertion, heat stress, toxic exposures, and acute psychological trauma inherent in their work.

How HB 4260 Fits Oklahoma's Existing Workers' Comp Framework

Oklahoma's workers' compensation system, governed by the Administrative Workers' Compensation Act (85A O.S. § 1 et seq.), already provides benefits to workers who suffer injuries arising in the course and scope of employment. HB 4260 does not replace this framework — it supplements it with a targeted presumption for a specific category of claims that have historically been difficult to prove.

The bill also does not change the fundamental nature of workers' compensation in Oklahoma. It remains a no-fault system: the first responder does not need to prove negligence. Benefits include medical treatment, temporary total disability payments, permanent partial disability compensation, and death benefits for surviving family members. What changes is the evidentiary burden at the threshold — the question of whether the cardiac event was work-related.

For first responders who find themselves navigating the broader workers' compensation system, including the critical choice between filing a workers' comp claim and pursuing a civil lawsuit, HB 4260 strengthens the workers' comp pathway by removing the most significant barrier to entry: proving causation.

First responders who believe they were retaliated against for filing a comp claim retain separate protections under 85A O.S. § 7, which prohibits employers from terminating or punishing employees for exercising their workers' compensation rights.

The Fiscal Reality

One of the notable aspects of HB 4260 is what it does not cost. The House Fiscal Analysis, prepared by Alexandra Ladner of the House Fiscal Staff, concludes that the bill has no direct impact on the state budget. Any fiscal impact is anticipated to be "absorbed by the employer, which may impact the municipalities and counties" — the entities that employ first responders. In practical terms, this means the cost is borne by workers' compensation insurance carriers and self-insured government employers, not by the general fund.

This is significant because fiscal impact has historically been a sticking point for workers' compensation reforms. By keeping the cost contained within the existing employer-insurance framework, HB 4260 avoids the appropriations battles that have stalled similar measures in the past.

Where Oklahoma Stands Nationally

Oklahoma is not breaking new ground with HB 4260 — it is catching up. A growing number of states have enacted presumption laws for first responders covering cardiovascular events, cancer, PTSD, and infectious diseases. States like Florida, Texas, California, and Illinois have adopted similar presumptions recognizing that the occupational hazards first responders face demand a legal framework that reflects reality rather than forcing individual proof of causation in every case.

The national trend reflects a bipartisan consensus: the people who respond to emergencies, enter burning buildings, chase armed suspects, and provide emergency medical care in chaotic, dangerous conditions should not have to fight their own employers to prove that the job contributed to their injuries. HB 4260 brings Oklahoma in line with this principle.

What First Responders Should Do Now

While HB 4260 has not yet been signed into law, first responders in Oklahoma should understand their current rights and prepare for the changes ahead.

Document everything. Keep detailed records of emergency responses, training exercises, and any periods of extreme physical exertion. If HB 4260 becomes law, the eight-hour window connecting the event to strenuous duty will be a threshold fact — and documentation makes it easier to prove.

Report cardiac events immediately. Any heart attack, stroke, or significant cardiac event should be reported to your employer as a potential workplace injury as soon as medically feasible. Timely reporting preserves your rights under Oklahoma's statutes of limitations and prevents arguments that you waived your claim.

Get independent legal advice. Whether or not HB 4260 passes, first responders who suffer cardiac events have existing rights under Oklahoma's workers' compensation framework. An attorney who understands both the current workers' comp system and the pending legislative changes can help you navigate the process and avoid the pitfalls — like the forum-election issue addressed in the recent Cactus Drilling decision, which bars injured workers from switching between workers' comp and a civil lawsuit once a claim is filed.

Know your benefits. Workers' compensation benefits for disabling cardiac events can include full medical treatment coverage, temporary total disability payments while you recover, permanent partial or total disability compensation for lasting impairment, and death benefits for your surviving spouse and dependents. Understanding what you are entitled to is the first step toward ensuring you receive it. Our case valuation guide discusses the factors that influence compensation amounts.

Frequently Asked Questions

Does HB 4260 guarantee workers' comp benefits for any first responder heart attack?

No. The bill creates a rebuttable presumption, not an automatic entitlement. It applies only when the heart attack or stroke occurs within eight hours of strenuous emergency response activity or training. The employer can still rebut the presumption by presenting evidence that the cardiac event was not work-related. But the burden of producing that evidence falls on the employer, not the first responder.

What qualifies as "strenuous emergency response activity or training"?

The bill does not define this term with a fixed list, which leaves room for case-by-case determination. However, the legislative intent is clearly directed at the extreme physical demands that define emergency work — firefighting, suspect pursuit, physical restraint, rescue operations, intensive medical interventions, and high-intensity training exercises that simulate those conditions. Routine desk work or administrative duties would not trigger the presumption.

I'm a volunteer firefighter. Am I covered?

The bill's language refers to "firefighters, peace officers, and emergency medical technicians." Whether volunteer firefighters are covered depends on how the term "firefighter" is defined in the final legislation and whether volunteer personnel are covered under Oklahoma's workers' compensation system for the relevant municipality. Many volunteer fire departments do carry workers' comp coverage for their members, but this varies by jurisdiction.

Does HB 4260 apply to PTSD or cancer claims for first responders?

No. As currently drafted, HB 4260 is limited to acute myocardial infarctions (heart attacks) and cerebrovascular accidents (strokes). It does not cover PTSD, occupational cancers, or other conditions that other states have addressed through separate presumption laws. Future legislation could expand the scope, but HB 4260 is narrowly focused.

When would HB 4260 take effect if passed?

The bill includes an effective date of November 1, 2026. Cardiac events occurring before that date would be subject to the current rules requiring the first responder to prove causation without the benefit of the presumption.

What should I do if I suffered a heart attack on duty before HB 4260 becomes law?

You still have the right to file a workers' compensation claim under existing law. You will need to prove that your heart attack arose in the course and scope of your employment, but this is not impossible — it simply requires more medical and occupational evidence than the presumption would require. An attorney experienced in first responder workers' comp claims can help you build the strongest possible case under the current framework. Contact us for a free consultation.

Can my employer fire me for filing a workers' comp claim after a heart attack?

No. Oklahoma law explicitly prohibits employers from retaliating against employees for filing workers' compensation claims. Under 85A O.S. § 7, if your employer fires you, demotes you, or takes adverse action because you filed a comp claim, you have a separate retaliation cause of action in district court.

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