Pennsylvania Workers’ Comp Lawyer for Police Officers

Injuries at work plague many industries, but police officers face unique on-the-job risks that other people do not. Getting compensation also has some unique issues.

Injured officers can get Workers’ Comp for many work-related injuries, including anything within the scope of their job – arresting people, driving a squad car, investigating crimes, etc. For injuries outside the scope, Workers’ Comp might not cover you. When you are covered, however, additional wage-loss compensation might be available under other legislation.

Call our Certified Pennsylvania Workers’ Compensation Specialists at Cardamone Law today at (267) 651-7945.

What Police Departments Are Covered Under Workers’ Comp in Pennsylvania?

Police officers are entitled to Workers’ Compensation like other workers. This should include employees and law enforcement officers (LEOs) at any of these and other investigative and law enforcement services:

• Pennsylvania State Police
• City, local, and municipal police officers
• University/campus police forces
• Sheriffs and deputies
• Fire marshals
• Liquor Control Enforcement
• Game Wardens
• DCNR park rangers
• Pennsylvania Capitol Police
• Probation and parole officers
• Department of Corrections officers and investigators.

The only LEOs that usually are not covered are federal workers, like FBI, DEA, or Postal Inspectors, as they use a separate federal system.

Workers’ Comp only covers you while you are working for these agencies as an employee. If you were injured while doing off-duty security work for a private event or company, you will not be covered under your police job’s Workers’ Comp.

However, if you were doing other work as an employee – rather than as a contractor – you should still have coverage through that employer.

What Police Injuries Are Covered Under Workers’ Comp?

For our Workers’ Comp lawyers for police officers to get your injuries covered, the injuries must have happened during the scope of your work. However, there is additional coverage that might apply if your injuries were “in the performance of [your] duties.” This is a narrower requirement.

Scope of Work

Accidents within the scope of your work are quite broad. Police officers perform many varied tasks working in varied environments, and many accidents can happen. The following should all be covered under Workers’ Comp as being within the scope of your work:

• Injuries while subduing or transporting suspects
• Auto accidents while patrolling
• Property accidents during investigations or arrests
• Injuries from dangerous materials encountered during your job
• Mental and psychological conditions acquired from work conditions (e.g., PTSD)
• Accidents at the office.

Note that some of these occur while doing tasks exclusively reserved for police officers, while others can involve everyday accidents – like a slip and fall at the office.

Performance of Duty

Performance of duty is a narrower window that includes only those core duties that apply to police officers. This means that something like throwing your back out while moving a heavy box of evidence might not qualify but being assaulted by an investigation subject certainly would.

Wage-Loss Benefits Under Workers’ Comp and the Heart and Lung Act

Depending on how the injury happened and what disability resulted, the Pennsylvania Heart and Lung Act might cover the rest of your lost earnings that Workers’ Comp Act usually would not.

Pay Under the Heart and Lung Act

The Heart and Lung Act was passed to change how first responders get paid for wage-loss benefits. Instead of getting your money straight from your employer’s Workers’ Comp carrier, you instead sign over those benefits to the government, and the government pays you your full lost earnings.

Workers’ Comp usually pays only 2/3 of your lost wages, but qualifying under the Heart and Lung Act gets you full wage-loss benefits.

Different Scope of Work Requirements

Injuries within the scope of your work can be covered under Workers’ Comp. Those benefits usually pay 2/3 of your lost earnings.

However, injuries within the performance of your duties qualify under the Heart and Lung Act, paying the rest of your lost earnings.

Different Disability Levels

You can be covered under Workers’ Comp for total disabilities and partial disabilities. You can also get coverage whether the injury is temporary or permanent.

For Heart and Lung Act benefits, you can only qualify with a temporary disability. However, “temporary” can still include years-long disabilities.

In practice, this means that more serious, permanent injuries get the standard 2/3 wage benefit, but moderate injuries can often get full salary coverage until you return to work.

Different Pay Rates

As mentioned, Workers’ Comp pays 2/3 of your lost wages, and the Heart and Lung Act pays 100%. Workers’ Comp is also subject to certain caps and floors, though the average police officer salary puts you in the standard 2/3 pay category.

If you can work with accommodations while injured, Workers’ Comp can instead pay partial disability benefits at 2/3 of the difference between your wages before and after the injury.

Other Benefits for Police Injured in the Line of Duty

Workers’ Compensation also covers three other areas of benefits an injured officer’s family might need:

Medical Coverage

If you are injured at work, your employer should pay for your medical care. This includes immediate treatment after an accident or assault, but it also includes follow-up care like rehabilitation.

Medication, medical devices, and therapy are also covered.

Specific Loss Benefits

If you faced an amputation, lost function, facial scars, or loss of hearing/vision, you can get additional benefits. These benefits equal 2/3 of your average wage for a number of weeks listed in the Workers’ Comp Act, depending on the injury.

Death Benefits

If a worker dies – including police officers – then their family can seek benefits instead. These pay a funeral/burial benefit plus ongoing wages. The wage-loss rate is not always 2/3 and changes based on the number of people supported.

Call Our Workers’ Comp Lawyers for Injured Police Officers Today

Call our Workers’ Comp lawyers for police officers at Cardamone Law today at (267) 651-7945.