The PA Heart and Lung Act is also known as Enforcement Officer Disability Benefit Law and as the name implies it offers compensation in terms of salary, medical bills, and wage to local and state government employees who are injured during the performance of their duties. The act protects federal and local employees including police officers, firefighters, enforcement officers, investigators employed by the PA liquor control board, and psychiatric security aides, etc.
The purpose of the Heart and Lung Act is to provide important public safety personnel with full compensation while disabled from an injury which happens in the performance of duty; and grants compensation where the disability is temporary. In workers’ compensation, compensation can be for permanent injuries too.
In case you are wondering what, it means to be covered by the PA Heart and Lung Act, here is some important info about Pennsylvania’s Act 534 and the Pennsylvania Heart and Lung Act:
What Do You Get If You Are Eligible For Pennsylvania Act 534 and Heart and Lung Benefits?
An employee eligible for Pennsylvania Act 534 or Heart and Lung Benefits is entitled to full, base salary. The employer pays the salary. Work comp benefits that may be payable are either paid directly to the employer by the insurer or must be turned over by the injured worker to the employer (i.e., State).
What are the Requirements of PA Act 534 Eligibility?
You may have a Pennsylvania Workers’ Compensation claim but not an Act 534 or Heart & Lung Act claim as an injured worker in PA. For a Heart and Lung claim to be available, the injury must occur during the performance of one’s duties. Under Act 534, the injury must be due to “an act of any inmate or any person confined in such institution.”
How Do You Know If You Are Covered Under The PA Heart and Lung Act?
You have the right to a DUE PROCESS hearing. If you are covered under the Pennsylvania Heart and Lung Act or Act 534, you are entitled to a due process hearing if your benefits are denied or prior to any termination of benefits. The Pennsylvania Work Comp forum is very fair and organized. However, it’s our experience that the Act 534 and Heart & Lung hearings are not always as fair, and favor the employer.
What Benefits Are Available Under The Pennsylvania Heart and Lung Act?
Although the Heart and Lung Act awards full compensation and continuation of employee benefits to certain employees, and is therefore more generous than the Pennsylvania Workers’ Compensation Act in that regard, its scope is narrower and its language should be strictly construed.
For police officers, firefighters and other specifically enumerated people, the relevant law is 53 P.S. 637.
For county jail employees in Pennsylvania, the relevant law is 16 P.S. 4531
For state mental hospital workers in Pennsylvania, the section is 61 P.S. 951-952.
Act 534 benefits aka “Act 534/632” applies to an employee of a state penal or correctional institution under the Bureau of Corrections of the Department of Justice and any employee of a state mental hospital or Youth Development Center under the Department of Public Welfare, who is injured by the act of an inmate or person who has been committed to the institution, or an employee of the Department of Public Welfare who volunteers for the firefighting force and is injured while carrying out firefighting duties, etc.
Is There A Notice Requirement with The PA Act 534 or Pennsylvania Heart and Lung Act?
Unlike Pennsylvania Work Comp cases, there is no notice requirement (i.e., a time limit imposed for informing your employer about what happened) nor a statute of limitation (a time limit for when you must file a claim) for a claim under Heart and Lung and Act 534. In Pennsylvania Work Comp cases, an injured worker has three years to file a claim or he/she is forever barred. And, under the PA Work Comp Act, if an injured worker doesn’t give notice within 120 days of the injury, or when they first believed their condition may be work-related, then the claim is barred forever.
Our Attorneys Can Help with Pennsylvania Heart and Lung (Act 534)
At Cardamone Law, LLC, our attorneys have handled many Heart and Lung and Act 534 cases for our clients. Most of our clients will also be on Pennsylvania Workers’ Compensation. Remember, under the Heart & Lung Act, an employer can try to terminate your benefits by showing it’s a permanent injury. There is no such mechanism under the Pennsylvania Act 534.
For more information about the Heart and Lung Act in Pennsylvania or Act 534, call or email experienced Pennsylvania Workers’ Comp attorney Michael W. Cardamone of Cardamone Law, LLC at 215-206-9068 or michael@Cardamonelaw.com for a free and prompt analysis of your case. Attorney Cardamone has handled many Act 534 and Heart and Lung cases and knows how to maximize them and coordinate them with the Work Comp cases. Contact us for the best Act 534 Lawyer and Heart and Lung Act Lawyer!
When you get injured or sick while working somewhere, your employer has the responsibility to provide compensation for the injury—the medical bills, medications, and 2/3rd of the weekly average wage (in most cases it’s 2/3). However, there’s a limit to how much an employee can get for the wage loss compensation. Michael W. Cardamone—a Work Comp Attorney in Philadelphia—explains in the podcast ‘Ask The Experts’ about the intricacies involved in the Pennsylvania Workers’ Compensation Act. According to him, the maximum compensation is $1081 per week for an injury occurring in 2020. The compensation rate often amounts to the normal weekly wage as it is tax free (for low and middle wage earners).
This blog explains more of the provisions in the Workers’ Compensation Act, as explained by Michael W. Cardamone.
Qualifying For Compensation
The work comp is a fault-free claim; that is, it doesn’t matter whose fault it is when the employee is injured, but only that they are entitled to compensation. However, compensation isn’t granted for self-inflicted injuries, intoxication, and violation of a positive work order, in some situations. Moreover, for you to get compensation it is not necessary for someone from your office witnessing the accident.
It is difficult to fake injury or disability in order to get a weekly check, as the employee is consistently monitored, has checkups and is subjected to surveillance reports that gauge whether the employee can go back to their previous responsibility.
Work Comp Case Vs. A Personal Injury Claim
It is possible to have both a work comp case and a personal injury case from the same accident. An employee can file two cases, one for personal injury and the other for work comp if they believe they got injured because of a third-party’s equipment or negligence. However, sometimes, you can lose benefits from the work comp case if the judge finds that you’re getting benefits from the third-party too. Therefore, you need an attorney to work with that. There is a complex formula used to determine how proceeds from one case can affect the other.
Settling The Work Comp Case
There are various ways in which the work comp case ends. One of the commonly used ones is the compromise and release agreement. The work comp case usually ends with a compromise and release agreement in which the employer/their insurance company gives a lump sum to the injured employee in exchange for closing the case and their resignation from employment. However, a resignation is not always necessary.
Another way to close the work comp case is if the employee returns to work at full duty with no wage loss.
The Length Of The Work Comp Case
In theory, the work comp can go on forever; however, this usually doesn’t happen. If, after two years, the authorities label your full-body disability as partial disability, you’ll be entitled to have compensation for 500 weeks more, which roughly makes 9 and a half years. This happens with an Impairment Rating evaluation or if you are deemed to have an earning power.
However, the employer usually doesn’t drag it to that point, they survey the labor market to find a job that accommodates your restrictions, as declared by your doctor or the insurer’s doctor, and let you know about the details, such as job description and pay. The threat of the Judge finding an earning power which would reduce the worker’s comp check, in this Labor Market Survey scenario, often leads to a lump sum settlement of the case.
A Final Word
If you or a loved one is suffering from an injury from work, it will be beneficial for you to get the help of a Pennsylvania workers’ comp attorney who represents you in the work comp case. Hiring a professional for the job will ensure smooth trials and settlement with justice.
Cardamone Law, LLC is one of the leading Workers Compensation Law Firm in PA. Our skilled attorneys specialize in PA Workers Compensation Law and offer legal advice and consultation to injured workers. Over the years, we have received several recognitions, including:
- Recognized as one of The Best Attorneys in America
- Awarded Super Lawyers Top 100 in PA status
- Rated Superb by Avvo in the PA Work Comp laws category, rated 10/10
- Granted America’s Top 100 Attorneys award
- Listed as Top American Lawyer in Workers compensation cases
Here’s a short video outlining the key achievements and services of Cardamone Law, LLC:
Our experienced workers’ comp attorneys understand the ins and outs of Pennsylvania workers compensation law and help injured workers’ in Pennsylvania through advice, legal consultation, vocational assessment prep, and more. Visit our Cardamone Law website or feel free to reach out to us with your work comp-related questions.
Cardamone Law is a specialized boutique firm solely for injured workers. With offices in Blue Bell, Philadelphia, Exton, Lancaster, and the Lehigh Valley- it helps injured workers in Eastern and Central Pennsylvania. Owned by experienced and Certified Work Comp Specialist, Michael W. Cardamone, Cardamone Law was formed in 2013 to focus 100% of its practice on injured workers. Virtually every other firm in PA that touts itself as a “Workers’ Compensation Firm” handles other types of law such as social security or personal injury. Cardamone Law, however, only handles workers’ compensation cases for injured workers.
Cardamone Law garnered a lot of attention from the radio ad on 94 WIP the flagship station of the Philadelphia Eagles. Cardamone was the voice of the ad, further distinguishing him from competitors who used “professional” voices. Cardamone Law is an intimate firm that provides unparalleled attention to detail and passion. Injured workers with serious injuries are turning to the firm so that Attorney Cardamone can handle their cases from scratch rather than being shuffled around to different attorneys in the same firm.
Attorney Cardamone was recently selected to the Best Attorneys of America by Rue Rating and the Top 100 In Pennsylvania by The National Advocates. He is a committee member of The National Advocates along with some well known attorneys featured on CNN such as Gloria Allred and Mark Geragos.
Work Related Injuries are often life changing. Choose a firm that has your back from start to finish, that focuses 100% of its practice on Pennsylvania Workers’ Compensation.
If you or someone you know has suffered a Traumatic Brain Injury, whether at work or otherwise, call Cardamone Law at (215) 206-9068 for immediate legal guidance with no out-of-pocket costs.
We’ve won millions in these cases for injured workers across the state, and we know how to position the case properly for a favorable outcome or settlement.
To help you get a better understanding of what you are up against, let’s discuss traumatic brain injuries in some detail.
What are Traumatic Brain Injuries?
Traumatic Brain Injuries (TBIs) are serious injuries that require focused and thorough medical attention. If such an injury occurs at the workplace or is work-related in any form, you will also need legal attention to protect your rights.
According to estimates, about 1.5 million Americans suffer a traumatic brain injury each year. These traumatic brain injuries can range from mild to severe.
What are ‘subjective symptoms’?
Many people, including attorneys, and believe it or not, some doctors, don’t fully understand traumatic brain injuries. Because a myriad of conditions can lie under the surface, many of the symptoms are considered “subjective”. This leads to insurance company doctors and sometimes neurologists claiming the traumatic brain injury victim has “recovered”.
This can present a dangerous situation where victims aren’t getting the ongoing care they need. Yes, TBI can largely result in “subjective” symptoms but they need to be addressed. Neuropsychological testing is critical to documenting the constellation of symptoms and this testing gives the objectivity needed in a court setting. This testing can last up to two days, and while it may not necessarily speak to causation (i.e., what caused the limitations), it will often verify in an objective way the limitations experienced by the traumatic brain injury victim.
Common symptoms of a traumatic brain injury
Some common symptoms of Traumatic Brain Injury include headaches, confusion, balance issues, trouble focusing, nausea or vomiting, memory problems, hypersensitivity to lights and noise, etc.
Having represented many traumatic brain injury victims, the one that stands out the most for us is headaches. Our brain is who we are and how we function. Suffering from headaches on a constant basis can absolutely stop someone in their tracks. And, of course, a headache cannot be seen. It won’t show up on a scan.
This can be overwhelmingly frustrating for someone suffering from chronic symptoms as other people may become cynical or doubt the existence or severity of the headaches. Co-workers, family, or friends may look at a TBI victim and think they look fine.
“They got dressed and looked nice and they can speak and respond, so what’s the problem?”
The truth is that the victim of the traumatic brain injury frequently has many horrendous symptoms that cause frustration and depression. Trouble thinking clearly, headaches, confusion, less stamina, and other problems that won’t be obvious to others right away, are usually the most prevalent hindrances in the victim’s life.
Recovery from a brain injury is a long process
Recovery from brain injury can span days to years. There isn’t much that can be done from a medical standpoint to reverse the initial brain damage, but getting treatment quickly can help stabilize the brain injury victim and prevent further damage.
Philadelphia, PA trial lawyers Cardamone Law has tremendous experience helping victims of traumatic brain injury. We will guide you about getting the right medical treatment from the right doctors, filing the legal documents, and helping you with keeping a journal of your every day symptoms.
Fighting a work-related traumatic brain injury case
Brain injuries can be, and often are, life changing. It can happen in an instant, such as when tools at a construction site fall from scaffolding, or when a wheelchair tips over, or when someone is thrown from a vehicle, a slip and fall, or from a physical altercation.
We recently had a client who worked at a store and items fell onto his head, causing brain injury. We settled the case after a Work Comp Mediation. The attorneys at Cardamone Law are experienced and here to help with Traumatic Brain Injury cases.
Consults are always free and available 7 days a week. To get the best-rated legal help, call our office at (215) 206-9068.
Traumatic Brain Injuries are serious injuries that require focused legal and medical attention. About 1.5 million Americans suffer a traumatic brain injury (TBI) each year. These traumatic brain injuries can range from mild to severe.
If you or someone you know has suffered a Traumatic Brain Injury, whether at work or otherwise, call Cardamone Law at (215) 206-9068 for immediate legal guidance with no out of pocket costs. Let’s discuss Traumatic Brain Injury to help you get a better understanding.
Many people, including attorneys and believe it or not, doctors, don’t fully understand traumatic brain injury. Many of the symptoms are “subjective” leading to insurance company doctors and sometimes neurologists claiming the TBI victim is “recovered”. This can present a dangerous situation where victims aren’t getting the ongoing care they need. Yes, TBI can largely result in “subjective” symptoms but they need to be addressed. Neuropsychological testing is critical to documenting the constellation of symptoms and this testing gives the objectivity needed in a court setting. This testing can last up to two days and while it may not necessarily speak to causation (ie, what caused the limitations), it will often verify in an objective way the limitations experienced by the victim.
Some common symptoms of Traumatic Brain Injury include headaches, confusion, nausea, or vomiting, memory problems, hypersensitivity to lights and noise, etc. Having represented many TBI victims, the one that stands out the most is headaches. Our brain is who we are and how we function. Suffering from headaches on a constant basis can absolutely stop someone in their tracks. And a doctor or lay person cannot “see” a headache. It won’t show up on a scan. This can be overwhelmingly frustrating for someone suffering from chronic symptoms as other people may become cynical. Co-workers, family, or friends may look at a TBI victim and think, “They look fine- they got dressed and look nice and they can speak and respond so what’s the problem?” But the victim of TBI frequently has many horrendous symptoms that cause frustration and depression- not thinking clearly, headaches, confusion, less stamina, and other problems that won’t be obvious to others right away.
Recovery from brain injury can span days to years. There isn’t much that can be done from a medical standpoint to reverse the initial brain damage, but getting treatment quickly can help stabilize the TBI victim and prevent further damage.
Philadelphia , PA Trial Lawyers Cardamone Law has tremendous experience helping victims of Traumatic Brain Injury. We will guide you with getting the right medical treatment from the right doctors, to filing the legal documents, to helping you with keeping a journal of your every day symptoms.
Brain injuries can be life changing. It can happen in an instant- such as when tools at a construction site fall from scaffolding, or when a wheelchair tips over, or when someone is thrown from a vehicle, a slip and fall, or from a physical altercation. These are just some examples.
The attorneys at Cardamone Law are experienced and here to help with Traumatic Brain Injury cases.
Consults are always free and available 7 days a week.
Best Attorneys in America, Super Lawyers, Million Dollar Advocates
The Cardamone Law Firm, founded by Philadelphia Work Comp Attorney, Michael W. Cardamone, is now a registered Limited Liability Company, with Cardamone operating as Chief Executive Officer.
Known as MyPhilly WorkersComp Attorney (MyPhilly WorkersComp is a registered trademark), Attorney Cardamone limits his practice to 100% Pennsylvania Work Comp on behalf of injured workers. The Cardamone Law Firm, LLC has offices in Blue Bell and Philadelphia and has plans to expand into the Scranton and Lancaster areas. Cardamone handles cases across Pennsylvania.
Given his 100% specialization in PA Work Comp, Attorney Cardamone is able to give the proper attention his clients need unlike many larger firms where files get shuffled around. When an injured worker hires The Cardamone Law Firm, LLC- Attorney Cardamone works on the case.
For more information about Pennsylvania Work Comp Law or The Cardamone Law Firm, LLC, contact Attorney Cardamone directly at (215) 206-9068 or email MyPhillyWorkersComp@Gmail.com
Consults are always prompt and free.
The Cardamone Law Firm, LLC known as MyPhilly WorkersComp Attorney, is a unique law firm with convenient offices in Philadelphia and Blue Bell. Founded by Certified Pennsylvania Work Comp Specialist, Michael W. Cardamone, The Cardamone Law Firm, LLC is a rare firm that is dedicated 100% to fighting for injured workers in Pennsylvania. No dabbling in personal injury, or social security, or other types of cases. No jumping sides to represent insurance companies when it’s convenient to make money. Just 100% Pennsylvania Workers’ Compensation For Injured Workers. NOTHING else.
Representing Injured Workers Across Pennsylvania
When you hire The Cardamone Law Firm, you get Michael W. Cardamone handling your case. When you call The Cardamone Law Firm, you reach Michael directly. You don’t get a runner or a paralegal on the phone who takes down all your information when you make your first phone call. You don’t sent into a voice mail system that never gets checked. You get Michael W. Cardamone- and you get access!
Access is a hallmark of The Cardamone Law Firm. Michael wants his clients involved in their own cases. He encourages questions, calls, emails, and even texts. MyPhilly WorkersComp is a brand that symbolizes access and hard work. Let Michael’s 14 years of experience handling Pennsylvania Workers’ Compensation cases benefit you.
While no one is perfect, The Cardamone Law Firm strives to keep clients informed each step of the way. The Pennsylvania Workers’ Compensation system can be extremely stressful for injured workers. Our goal is to ease the burdens as much as possible and information is the key to lowering anxiety. We don’t like talking in archaic legal language. We try to explain things in an easy to understand way so that you can follow what’s happening in your case.
Some of Michael Cardamone’s achievements include:
-Lawline Faculty Member Speaking On PA Work Comp Topics
-Voted a Pennsylvania Super Lawyer In Workers’ Compensation Law By Other Attorneys
-Rated “Superb” by Avvo Legal Ratings- The Highest Rating Possible
-Certified Specialist In Pennsylvania Workers’ Compensation Law
-Graduate of The Villanova University School Of Law, Boston College, And St. Joe’s Prep
If you want an honest, hard working attorney who fights tenaciously for your benefits, you’ve found the right PA Work Comp Attorney. Free Consults 7 Days A Week at (215) 206-9068 or via email at MyPhillyWorkersComp@Gmail.com
Home Visits Available
Michael W. Cardamone has passed a first of its kind and challenging Pennsylvania Workers’ Compensation certification exam that only a small number of Pennsylvania Work Comp Attorneys sat for. As a result of this achievement, Cardamone is now Certified as a specialist in the practice of workers’ compensation law by the Pennsylvania Bar Association’s Section on Workers’ Compensation Law as authorized by the Pennsylvania Supreme Court.
This achievement stems from Cardamone’s years of dedication to injured workers. Unlike most other PA Work Comp Attorneys, Cardamone only practice in PA Work Comp Law- and only represents injured workers- never employers or insurance companies.
If you are looking for a top PA Work Comp Attorney, call or email Michael W. Cardamone to fight for you. Look around on the internet- you will see that the vast majority of attorneys handle different types of cases- not Michael! He only represents injured workers!
(215) 206 9068 or Michael@cardamonelaw.com
7 Days A Week
Pennsylvania Workers’ Compensation is a complex maze of rules and regulations that the insurer likes to use to minimize an injured worker’s case. Navigating this system alone is a foolish move. Cardamone Law workers’ compensation and construction accident lawyer Philadelphia PA have over 14 years of experience in handling workplace construction accident cases in Philadelphia. These injuries are often quite serious and require the expertise of an experienced construction injury lawyer.
3rd Party Case in Construction Accident Work Comp
An important aspect of these cases is spotting a 3rd party case. A 3rd party case is a case for negligence against a 3rd party- that is, an entity other than the Employer. An injured worker’s sole remedy for the work-related injury with respect to the Employer is the Pennsylvania Workers’ Compensation Law. However, if a 3rd party was responsible for causing the work-related injury, then a 3rd party case for negligence may be viable.
Image Source: pexels/Yury Kim
The damages are different in these parallel cases. In the Pennsylvania Workers’ Compensation case, the damages (i.e., benefits) are equivalent to the loss of earning power and medical benefits in a PA work comp case. In a personal injury case, however, the damages may include pain and suffering.
An experienced Pennsylvania construction accident lawyer can help you identify the parallel cases and recommend a course of action according to the situation.
What Are Some Examples of A 3rd Party Case?
If you were injured in a motor vehicle accident while working, you would have a Pennsylvania Work Comp case against the Employer and a 3rd party case against the driver of the automobile if the driver’s negligence caused the injuries. Or, if you were working in a deli and cut off your finger because a machine malfunctioned, you would have a Pennsylvania Work Comp case against the Employer and a 3rd party case against the manufacturer of the machine that malfunctioned.
We have come across many situations where an injured worker has a Pennsylvania Workers’ Compensation lawyer or a construction accident lawyer Philadelphia, PA who has failed to spot a possible 3rd party case. This is a costly error- possibly costing the injured worker millions of dollars in damages outside of the Pennsylvania Workers’ Compensation case. Now, not every workplace injury in Pennsylvania has a viable 3rd party action. Indeed, the Pennsylvania construction accident lawyer must prove negligence on a 3rd party and show that the negligence was the proximate cause of the injuries. But the failure to alert the injured worker as to a possible 3rd party case is inexcusable.
Think You Have A Viable 3rd Party Case? Hire An Experienced Construction Accident Lawyer!
When an injured worker has a viable 3rd party case, in addition to the PA Work Comp case, the attorneys must consult with each other to maximize the cases. Why? Well, the work comp insurance carrier has a right to subrogation. Subrogation essentially means the right to reimbursement. In these contexts, this means the carrier is entitled to a portion of the 3rd party settlement proceeds (less attorneys’ fees and costs) unless that lien is waived or reduced voluntarily. This concept can be tricky and difficult to comprehend so it is important for the Philadelphia construction accident lawyers to translate this to his/her client so that he understands the implications of subrogation on the two cases.
It is very important to get a consult as soon after a work injury as possible. In Pennsylvania Workers’ Compensation the statute of limitations is 3 years. In personal injury (i.e., 3rd party) cases, it is a 2-year statute in Pennsylvania. However, the sooner a claim is investigated, the better the odds are at a favorable outcome.
Contact Cardamone: The Best Philadelphia PA Construction Accident Attorney!
If you were injured at work, call me or email the best Philadelphia construction accident lawyer in Pennsylvania, Cardamone Law, for a free and prompt consult 7 days a week. You can also contact our leading workers’ compensation attorney and top rated lawyer in America, Michael Cardamone on toll FREE number: (877) 560-7090 or firstname.lastname@example.org.