Police and firefighters are often at very high risk of injury when working. These jobs traditionally have a limited right to file a lawsuit, given that their whole job is putting themselves in danger. But our lawyers can help you file claims to get compensation for these on-the-job injuries.
Workers’ Compensation is typically available for injured workers for work-related injuries, but for first responders, additional compensation may even be available under the Heart and Lung Act. Do not file your claim without the help of an attorney who can represent you in your claims, negotiate with your employer, and seek full benefits.
For a free case evaluation, call the Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law today at (267) 651-7945.
Filing Workers’ Compensation Claims for Injured Firefighters and Police
If you were hurt while working as a firefighter, EMT for a fire department, or police officer, then you should be covered under Workers’ Compensation.
Scope of Coverage
Workers’ Compensation covers all “work-related” injuries. While that will cover injuries in the course of your core work duties, it can also cover injuries like car crashes, slip and falls, and equipment malfunctions that might happen while you are “working” but not performing core firefighting and criminal investigation duties.
Requirements
The injury must be “work-related” and keep you from working at least 7 days for coverage. Workers typically must be “employees,” but volunteer firefighters may also get coverage, even though they are volunteers.
Filing
You file a Workers’ Compensation claim by proving your employer with notice of the injury within 21 days of the accident. You might expect that your employer already knows about the accident or injury, but still provide formal notice.
If they reject your claim (or fail to respond) within 21 days, you can file a formal Claim Petition with the Workers’ Comp Office of Adjudication to put the case before a Workers’ Comp Judge (WCJ).
What Happens Next
From there, you will go through a few steps
- Continue seeking medical care with approved providers. You must use providers your employer has on their “panel doctor” list within the first 90 days of treatment.
- Work with our Workers’ Compensation lawyers to gather evidence and doctor’s reports with doctors we choose to evaluate your condition.
- Attend required “independent medical exams” (IMEs) with doctors your employer chooses.
- Attend hearings and other appointments needed to progress your case while we negotiate a settlement.
Heart and Lung Act Coverage
Injured police and fire department workers who get hurt within the scope of their core duties can seek additional benefits.
Additional Benefits
While Workers’ Compensation covers medical expenses, it only covers around 2/3 of your pre-injury wage while you are unable to work. The Heart and Lung Act provides that injured first responders can get full wages instead of 2/3 as long as they meet the requirements.
Requirements
You must be a listed worker to be covered under this provision. Most police and fire department staff – including firefighters in prisons and jails – are covered. If you work in a different role that is not covered, then other similar acts might have coverage for you.
Only injuries within your core duties are covered, which generally means injuries while fighting fires, dealing with criminals, etc. It might not cover injuries back at the office/station, such as a slip and fall in an icy parking lot, but Workers’ Comp should still cover that.
Lastly, only temporary disabilities get these additional benefits. If your injury is so severe that you will never return to work, you might only be eligible for 2/3 of your wages, not full wages.
Other Heart and Lung Act Coverage
The Heart and Lung Act, as the name implies, also deals with coverage for injuries to the heart and lungs. This act ensures coverage for things like heart attacks or lung-related injuries that happen through work.
Filing Injury Lawsuits as a Cop or Firefighter
If you were hurt on the job, Workers’ Compensation is available to cover injuries without needing to prove fault. This covers anything from burns for firefighters to gunshot wounds for police, along with car accidents, slip and falls, equipment malfunctions, etc.
Lawsuits might be limited, but lawsuits can be filed alongside Workers’ Comp claims in some situations.
When Workers’ Comp is Preferred
Workers’ Comp covers injuries caused by anyone:
- Your employer
- A coworker
- Yourself
- A criminal
- A homeowner
- An outside third party.
However, lawsuits cannot be filed against yourself, and you cannot sue your employer for work-related injuries. This is a firm restriction under Workers’ Comp rules.
Additionally, lawsuits may not be allowed against subjects of a criminal investigation or people who caused fires. This is commonly restricted under a traditional rule called the “fireman’s rule” that blocks firefighters and other first responders from suing for every danger they might encounter, on the premise that they have chosen this profession and understand the risks they run toward.
Who You Can Sue
This leaves a narrow window for lawsuits: only outside third parties can be sued. This may include manufacturers of defective or dangerous equipment, drivers, and other parties. However, the fireman’s rule might block lawsuits against some of them, so always check with a lawyer.
Fault Required
Workers’ Comp is a no-fault system, which is why you can sue even when you are at fault for the accident. In a lawsuit, you have to prove that the defendant injured you through negligent or intentional action.
Negligence requires proving the defendant owed you a legal duty, and breached that duty, resulting in your injuries. Lawsuits for intentional injury (assault and battery) require that the defendant put you in apprehension of immediate physical contact (assault) and then did in fact cause physical contact (battery) which left you with damages.
FAQs for Injured Fire and Police in Bethlehem
When Do You File?
Workers’ Compensation requires reporting the injury to your employer within 21 days. If your claim is denied, you can file a formal claim within 3 years of the injury. Lawsuits must be filed within 2 years of the injury.
What Damages Can You Get?
Workers’ Comp can pay for medical bills and around 2/3 of pre-injury wages, subject to limits. If you qualify under the Heart and Lung Act, you can receive full wages while injured.
Lawsuits can pay for medical bills, lost wages, and pain and suffering – something the other claims cannot pay.
Can You File for Workers’ Comp and File a Lawsuit?
If the injury was caused by an outside third party that you have a lawsuit against, you can file both claims. Otherwise, Workers’ Comp might be your only chance at damages, especially if the defendant cannot afford to pay you anyway.
The kinds of injuries police and firefighters often face from intentional criminal acts and arson might not be covered by insurance, and individual defendants (often criminal defendants) are unlikely to be able to afford damages out of pocket, which might mean you have to rely on Workers’ Comp and the Heart and Lung Act.
Call Our Workers’ Comp Lawyers for Police and Firefighters in Bethlehem
If you were hurt in the course of your job as a first responder, call Cardamone Law’s Workers’ Compensation attorneys at (267) 651-7945 for a free case review.
