When firefighters and police officers get hurt on the job, there are programs in place to take care of them. However, your employer – or, more accurately, their insurance carrier – might not make it easy to get benefits paid.
For help filing your claim, always work with a lawyer. We can seek additional benefits available through supplementary programs and seek to get your employer to pay for the full value of your medical care through their insurance. Especially when negotiating settlement amounts, you should have a lawyer advise you instead of trusting the insurance companies.
Call (267) 651-7945 today for a free case review with Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers.
Types of Claims Available to Injured Firefighters and Police
Lawsuits are often limited in work-related injuries to begin with – and even more so for police and firefighters. However, there are also extra programs injured police and firefighters can file through.
The following claims are typically available if the conditions listed below are met in your case. You can file multiple claims if they overlap, and your police and fire on-the-job injury attorneys can explain how the overlapping damages will be handled.
Workers’ Comp
Workers’ Compensation is available for all kinds of work-related accidents if the following conditions are met:
- You are an employee, not a contractor. This covers most police and fire jobs and includes volunteer firefighters.
- The injury was work-related (i.e., it was caused by working conditions or an activity you performed as part of your job).
- The injuries are disabling for at least 7 days.
In this, fault is not a factor; your employer covers your benefits regardless of who caused the accident.
Heart and Lung Act
Through the Heart and Lung Act or similar rules under Act 534/632, you can get full wage-loss benefits instead of the 2/3 paid through Workers’ Comp. However, this is only available in limited situations:
- You are a covered worker. (Police, fire, EMS, and certain other first responders are included.)
- Your injuries happened within your core job duties and are not merely “work-related.”
- Your injuries are temporarily disabling (i.e., not permanently disabling).
Lawsuits
You can sue for work-related injuries as a police officer or firefighter, but only in limited situations:
- You are suing someone other than your employer.
- Your lawsuit is based on a claim that is not blocked by the Fireman’s Rule. This rule deems a lot of first-responder work a voluntary undertaking, preventing lawsuits, but does allow lawsuits for things like dangerous premises.
- The defendant is at fault for the injuries.
Unlike Workers’ Comp and Heart and Lung Act claims, the defendant’s fault is key in a lawsuit. This is also the only way to get some damages paid – like pain and suffering.
Insurance Claims
You may have other insurance claims available when
- The claim is covered through insurance (e.g., it happened in a home covered by homeowners insurance, a business covered by business liability insurance, or it was a car accident covered by car insurance).
- Your damages fall under the policy (e.g., first-party benefits are of the covered type or the defendant is at fault for liability insurance coverage).
If you file an insurance claim against the defendant and settle that, you cannot go back and file a lawsuit. This functions as a full settlement.
Benefits Available for Injured Police and Fire Workers
When you get hurt at work, Workers’ Compensation and the Heart and Lung Act typically pay these benefits:
Medical Benefits
These benefits cover the full cost of treating your injuries, from hospital stays to rehabilitation to crutches and wheelchairs.
Lost Wages
Wage-loss benefits from Workers’ Compensation pay 2/3 of your pre-injury average weekly wage (AWW) if you cannot work at all. This is capped at the statewide AWW ($1,394 per week in 2026), which might be surpassed by many police officers. There is also a floor at half that or 90% of your pre-injury wage, whichever is lower.
If you work partially, your benefits are instead the difference between your pre- and post-injury AWWs. If you qualify for Heart and Lung Act benefits, you get your full wage instead.
Specific Loss
If you suffered a permanent injury that does not necessarily permanently disable you going forward, it might qualify you for specific loss benefits. These are 2/3 of your pre-injury AWW, capped at the statewide AWW. There is also a floor at half that.
This is only available for
- Amputation
- Permanent lost function
- Lost vision
- Lost hearing
- Serious facial scarring.
How Injured Police Officers and Firefighters File Injury Claims
The process for filing your injury claim for a work injury case is essentially the same for all workers, including police and fire workers.
Notify Employer
You start by notifying your employer of your injury. Even if you think they already know about it or it was reported on in the news, you must report what happened and what your specific injuries are.
You typically do this within 21 days, but you may have up to 120 days. Occupational illnesses have different rules with longer deadlines.
File a Formal Claim
Your employer then files an insurance claim and starts your benefits within 21 days if they accept. If they reject the claim, you can file a formal claim with the help of a lawyer within 3 years of the date of the accident. This puts the case before a Workers’ Comp Judge.
Workers’ Comp Hearings
If your claim needs to go to a hearing with a WCJ, we can help you. This involves collecting evidence through depositions, having you attend medical exams, and getting other facts and records. Your employer can also have you attend an Independent Medical Exam (IME) to collect their own evidence.
Get Benefits or Settle
Once your claim is accepted, your benefits can start. Many claims involve settlement, which may mean getting a lump sum instead.
If you qualify, talk to a lawyer about how to get Heart and Lung Act benefits for full lost wages instead of the 2/3 that Workers’ Comp pays.
FAQs for Injured Police and Firefighters in Hazelton, PA
Are Assault and Arson Injuries Covered?
Workers’ Comp covers injuries from virtually all sources, including intentional injuries caused by criminals, arsonists, etc.
Is PTSD Covered?
Yes – and the law made it easier to claim PTSD damages for first responders in 2025.
Can Your Employer or Union Help with Your Case?
Typicaly, no. You need a lawyer to provide legal advice; filing a work injury claim is not an employment issue your union can intercede in. However, they may have basic information to help you understand your claims.
Your employer is on the other side of your Workers’ Comp case, and their insurance carrier is usually the lead on the case. That means they might not be much help either.
Call Out Work Injury Lawyers for Police and Firefighters in Hazelton Today
For your free case evaluation with Cardamone Law’s police and fire on-the-job injury attorneys, call (267) 651-7945
