If you are hurt in the line of duty, there are programs in place to protect you, provide you with replacement wages, and cover your medical care. You may be familiar with Workers’ Compensation, which is a vital program, but there are also additional benefits potentially available for injured police and fire workers.
Our attorneys represent victims of on-the-job injuries and help them get medical benefits, 2/3 of their lost wages, and other potential benefits for injuries through Workers’ Compensation. If you were hurt performing core job duties as a first responder, the Heart and Lung Act and similar legislation might provide you with your full wage while you are temporarily disabled.
For help with your case, call the Certified Pennsylvania Workers’ Compensation Specialists at Cardamone Law today at (267) 651-7945.
What Program Do Injured Police and Firefighters File Through?
In Pennsylvania, we have two programs that injured first responders can get benefits through. You generally start with Workers’ Comp, but you may also qualify for Heart and Lung Act benefits or similar benefits. A lawsuit might also be available.
These options generally overlap and are not mutually exclusive.
Workers’ Comp
All injured employees in Pennsylvania can use Workers’ Comp, including public employees. If you were hurt at work, report your injury to your employer within 21 days to make a claim. If you are denied, you can file a formal Claim Petition within 3 years of the injury.
This pays for any work-related injury and covers
- Medical expenses
- 2/3 of pre-injury wages if you cannot work or 2/3 of the different in pre- and post-injury wages if you can work somewhat
- Special benefits for amputations and other particular permanent injuries.
Heart and Lung Act
Either under the Pennsylvania Heart and Lung Act or similar legislation in Act 534/632, most first responders are covered with extra protections. These Acts provide these workers with their full wages instead of 2/3 if the following conditions are met:
- Injuries were not just “work-related” but occurred within the core duties of the job.
- You are a covered worker – police, fire, EMS, prison guards, and many others are covered.
- Your injuries are temporarily disabling (i.e., you will be able to return to full work after you recover).
Lawsuits
Traditionally, first responders are not able to sue the person who caused an emergency for injuries sustained while responding to that emergency. This is known as the Fireman’s Rule, recognizing that firefighters and other emergency responders voluntarily undertake the risks of what they do.
However, there may be exceptions, such as lawsuits for defective equipment or dangerous premises you encounter while working. On-the-job injuries while not responding to an emergency may also allow for lawsuits, e.g., a car accident while on patrol.
Is Intentional Injury Covered?
Many firefighters and police officers are hurt because of intentional acts of violence, including arson and assault. Workers’ Comp and other benefits permit claims for intentional violence.
Fault Not a Factor
As long as the injury was work-related, it should be covered. This does not require any particular degree of fault or need a particular person/party to be responsible for injury. For example, your employer does not have to be the one who caused the accident to make them pay damages.
Intentional Actions Not a Bar
Under some insurance schemes, intentional acts are not covered. This is not the case with Workers’ Compensation; as long as someone other than you or your employer (e.g., a criminal or an arsonist) was the one to intentionally injure you, it should still be covered.
Is PTSD Covered?
For a long time, Pennsylvania had laws that made it a bit more difficult for first responders to get coverage for PTSD and other mental/emotional injuries without physical symptoms.
Previous Rule
This is because you previously had to prove that any mental injuries were exceptional for your job, and police and firefighters see the worst of the worst every day.
Current Rule
In 2025, new legislation came into effect, making it easier for police and firefighters to claim Workers’ Comp and other benefits for post-traumatic stress injuries. This covers PTSD benefits for a single traumatic event or cumulative trauma.
FAQs for Injured Police and Firefighters in Lancaster
What Public Benefits Programs Are Available for Injured First Responders?
As discussed above, injured firefighters, police officers, and EMS workers can typically file through Workers’ Comp, though additional benefits might be available through either the Heart and Lung Act or similar benefits under Act 534/632.
Can First Responders Sue for Injuries?
It depends. It is typically assumed that first responders assume the risk of things like fighting crime and running into burning buildings. However, there are potential exceptions where you can be injured on the job, but your injury was not related to your specific fire- or crime-fighting tasks.
This could allow for lawsuits for car crashes, defective product injuries, and more. Pennsylvania also has a broad exception for lawsuits for dangerous premises you encounter during your work.
Can You File a Claim if You Were at Fault for Your Injuries?
Sometimes work-related accidents involve auto accidents, firearm injuries, slip and falls, and other injuries you might have caused yourself. If you were the one to cause your own injuries, you can still file for Workers’ Compensation.
You are only barred from recovery if you caused your own injury through intentional acts, drug/alcohol use, or illegal activity.
Do You Need a Special Lawyer for a Work Injury Claim for Police and Firefighters?
Our police and fire on-the-job injury attorneys are specially certified in Workers’ Compensation, which is a certification that not many lawyers have. This says we are qualified to handle work injury cases.
We also specifically seek out work injury claims for first responders because we have experience with the Heart and Lung Act and other special legislation police and fire workers can rely on when they get hurt.
How Do You Pay for a Work Injury Lawyer?
Our attorneys typically get paid out of the winnings in your case. This means you pay nothing up front. For Workers’ Comp, we are limited to a fee of 20% of the award, max. In lawsuits, the percentage might be different.
Call Our Workers’ Comp Lawyers for On-the-Job Police and Fire Injuries in Lancaster
For a free case evaluation, contact Cardamone Law’s police and fire on-the-job injury lawyers at (267) 651-7945.
