Pennsylvania Workers’ Comp Lawyer for First Responders

Firefighters, police officers, EMTs, and other first responders play an important role in our society.  It is then expected that society should take care of you if you were injured in the course of your duties.

Fortunately, Workers’ Compensation is available for most first responders.  This covers the cost of medical bills and lost wages, plus some other damages.  In addition, the Heart and Lung Act often supplements lost wages, ensuring 100% salary compensation during temporary disabilities.

For a free review of your case, reach out to our Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law at (267) 651-7945.

Which First Responders Qualify for Workers’ Comp?

All kinds of first responders qualify for Workers’ Compensation.  The definition of “employe” (how the Workers’ Comp Act spells “employee”) specifically includes all kinds of first responders, including volunteers.

This provides coverage for all of these first responders:

• State and local police
• Campus police
• Firefighters
• Volunteer firefighters
• Ambulance crews and EMTs
• Fire marshals
• DCNR Rangers
• Game wardens
• Instructors
• And more.

The core requirement is that you work as an employee, not an independent contractor.  Most of these jobs are employee or qualifying volunteer positions, so this is not usually a concern.

What Injuries Qualify for Workers’ Comp?

Regardless of industry, Workers’ Comp only pays for injuries that happen within the scope of your job.  Most of what fits within the scope of your job is somewhat obvious:

• Police injured while arresting criminals
• Firefighters injured while running into a burning building
• EMTs injured in an ambulance crash.

Other tasks, however, are also covered.  For example, an EMT or firefighter might have to help maintain an ambulance or firetruck, and injuries during that task should also qualify for coverage.  Similarly, a police officer moving a dangerous or heavy evidence box could suffer a back injury that should be covered.

Is Assault Covered Under Workers’ Comp?

One important area of coverage is on-the-job assault and violence.  Police officers and EMTs – and firefighters to a lesser extent – are often assaulted during their jobs.  The resulting injuries can also be covered, even though they were not accidents.

There may, however, employers might try to pin the assault on personal issues or say that you started the altercation.  However, it is rare that an excuse like this actually applies, and our Workers’ Comp lawyers for first responders work to shut down these excuses and get assault injuries covered.

What Benefits Does the Heart and Lung Act Cover for First Responders in Pennsylvania?

Typically, Workers’ Compensation covers 2/3 of lost wages while you cannot work.  However, the Heart and Lung Act and related legislation can bump that up to 100% coverage if it applies.

Covered First Responders

The Heart and Lung Act covers most first responders, with specific jobs listed in the Act.  It also covers public employees who perform first responder roles in other jobs, such as corrections workers performing fire suppression.

Covered Injuries

Injuries must involve temporary disability for coverage under the Heart and Lung Act.  Workers’ Comp can pay for any injury – temporary, partial, total, and permanent.  However, the Heart and Lung Act only covers temporary injuries you will return from.

Additionally, injuries must be within the performance of your duties, which is narrower than the scope-of-work requirement for Workers’ Comp.  For example, Workers’ Comp might cover ambulance crew injuries during ambulance maintenance, but the Heart and Lung Act would only cover injuries during core tasks like patient transport.

Other Workers’ Comp Benefits

While Workers’ Comp usually covers 2/3 of your lost earnings and the Heart and Lung Act can cover the other 1/3, there are other benefits Workers’ Comp provides:

Medical Payments

Most medical care, from emergency treatment to medication to physical therapy, should all be paid for under Workers’ Comp.  Even if you only needed emergency treatment then returned to work, your employer should cover it.

First responders can face many debilitating and disabling injuries that could need years of recovery, and it should all be paid for under this Act.

Specific Loss Benefits

Injuries involving amputation, loss of function, lost hearing/vision, and serious facial scars get additional payments.  These pay 2/3 your average wage for a set of weeks listed in the statute for each injury type.

Death Benefits

Death benefits are paid to the family when first responders are killed on the job.  These cover their lost earnings, potentially at a rate other than 2/3, and $7,000 for funeral/burial costs.

Can First Responders Sue for Injuries

Many first responders are barred from suing after an injury under a traditional rule.  This “fireman’s rule” applies to firefighters and other first responders alike to say that they understand the risks of their job and voluntarily face them.  For this reason, you cannot sue for something like being burned while fighting a fire.

However, lawsuits may be available for other things.  For example, a problem with defective safety gear or an unexpected crash caused by a dangerous driver could justify a lawsuit.

In any case, Workers’ Comp often covers injuries regardless of cause.  This covers injuries you cause yourself by accident, injuries from unsafe work conditions, and injuries from assault and outside causes.

You also do not need to file a lawsuit, prove fault, or pay a personal injury lawyer upwards of 33% of your winnings for Workers’ Comp.  Fault is not at issue in most claims, and our lawyers can only take up to 20% as a contingency fee.

Settling a Workers’ Comp Claim as a First Responder

Many times, insurance carriers seek to settle your claim instead of paying week-by-week until you get better.  Many injuries heal in a predictable pattern, and you might not need ongoing medical care for much longer, even if lost earnings continue for decades.

Settling your claim can account for all of these benefits – as well as specific loss – in one payment or as an annuity.  However, you should never settle without reviewing your case with a lawyer who can look out for specific situations where your injury might get worse and need more care over time, making valuation harder.

Call Our Workers’ Comp Lawyers for First Responders in Pennsylvania Today

Call Cardamone Law’s Workers’ Comp attorneys for first responders at (267) 651-7945 for a free case evaluation.