Pennsylvania Workers’ Comp Lawyer for Firefighters
Firefighters have historically been unable to sue the people who started the fires they are sent to put out. At the same time, firefighters put their lives on the line to help people, and they should never be left on their own when they get injured.
Most accidents in the course of your job can be compensated through Workers’ Comp. On top of that, injuries during core firefighting duties might even receive 100% wage-loss compensation, higher than what Workers’ Comp typically provides.
For help getting benefits, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers right away at (267) 651-7945.
Can Firefighters Sue for Injuries at Work?
Traditionally, the “fireman’s rule” blocks many lawsuits from injured firefighters.
In a typical injury case, you sue the person who caused the danger or unsafe condition that injured you. However, firefighters understand the risks when they walk into a burning building or other unsafe situation. “Assumption of the risk” typically bars a lawsuit, so firefighters are usually barred from suing for any expected dangers on the job.
However, Workers’ Comp is not a traditional lawsuit, and it can apply to situations where a lawsuit would be barred.
Can Firefighters Get Workers’ Compensation in Pennsylvania?
Workers’ Comp does typically cover firefighters. For most employers across the state, there is a requirement to cover all employees with Workers’ Comp insurance, including firefighters.
This means any injury within the scope of your job should be covered under your employer’s Workers’ Comp.
Are Volunteer Firefighters Covered?
Even volunteer firefighters are specifically covered under Workers’ Comp as per 77 P.S. § 1031’s definition of “employe” (as spelled in the Workers’ Comp Act). This only covers those volunteer firefighters actively engaged in firefighting tasks; mere “social members” of a volunteer organization are not covered.
This is usually covered under agreements between the volunteer fire department and the local municipality to determine who pays for what portions of coverage.
Types of Covered Firefighters
Full-time and part-time firefighters are covered under Worker’s Comp, as well as other fire crew staff, such as ambulance or EMT workers from a firehouse. Along with volunteer firefighters, there is also coverage for other workers who do firefighting tasks.
For example, forest fire wardens, fire marshals, fire suppression workers at airports, and State Fire Academy employees should also be covered under Workers’ Comp.
Workers’ Comp Coverage for Firefighters in Pennsylvania
If you are a qualifying firefighter, Workers’ Comp should provide four main areas of coverage for you:
Wage-Loss Benefits
Wage-loss benefits under the Workers’ Comp Act cover 2/3 of your lost wage while you cannot work. Additional wage-loss benefits firefighters may qualify for under the Heart and Lung Act cover 100%.
You can get this 2/3 coverage for total or partial disabilities, with partial disabilities covering 2/3 of the difference if you make a lower wage. You can also get coverage whether your injury is temporary or total.
Medical Benefits
Medical benefits pay for all medical treatment for your work injury, including ongoing things like physical therapy. Especially since smoke inhalation and burn injuries are so common, much of your care will come after acute treatment.
Specific Loss Benefits
Specific loss benefits cover permanent lost function, amputation, lost hearing/vision, and facial scars. There is a set number of weeks of benefits in the Act for each injury, paying 2/3 of your weekly wage for that period.
Death Benefits
If your loved one was killed while working as a firefighter, your family can receive their wage-loss benefits and a burial/funeral payment. The wage-loss benefit rate depends on how many family members you have, and the burial/funeral payment caps out at $7,000.
Additional Wage-Loss Coverage Under the Heart and Lung Act
Pennsylvania’s Heart and Lung Act provides special coverage for emergency responders, including firefighters. Instead of getting wage-loss benefits paid directly, firefighters forward those payments to the state, and the state pays for 100% of lost wages instead of 2/3.
Temporary Injuries Only
This only applies to temporary disabilities until you can return to work. If you are permanently disabled, coverage for the additional 1/3 of your lost wages might not be available.
Work Duties
For most Workers’ Comp claims, injuries need to be within the scope of your job, which is a somewhat broad category. For Heart and Lung Act coverage, the injuries need to be within the core performance of duty for your job.
This typically means injuries sustained while actually responding to and fighting fires rather than injuries at the firehouse.
Do Firefighters Need Lawyers for Work Injuries?
You might expect that your employer will reasonably pay what they owe you after a work injury, especially when you were hurt serving the public and your community. However, insurance carriers often get in the way of full coverage.
As such, you should always have a lawyer on your side. Our Workers’ Comp lawyers for firefighters can stand up to employers and insurance companies, help provide evidence of what happened, and fight to get your benefits covered.
There are also stages in your claim where you might not be able to afford up-front costs like medical exams and deposition costs. We are leveraged to afford these costs and get reimbursed through Workers’ Comp when we win your case.
How Long Until My Workers’ Comp Case Gets Paid?
Ongoing medical care should be provided even while your disability goes before the judge. Challenging a case can take a few months before a hearing is scheduled, benefits are granted, and payments begin.
Settling a case can mean getting the full lump sum for your injury faster, so talk to a lawyer about your settlement options.
If your benefits are paid under a normal schedule, you get paid weekly or bi-weekly. Medical care is paid as it comes up.
When settling, you get everything paid at once, and you ration that money over time.
Call Our Workers’ Comp Lawyers for Firefighters Today
Contact Cardamone Law at (267) 651-7945 for a free case review with our Workers’ Comp attorneys for firefighters.
