If you suffer heat exhaustion, heat stroke, heart attack, or even hernias and pulled muscles from overexertion at work, you could be entitled to coverage for your medical care and lost wages. People tend to think of Workers’ Comp for covering serious injuries like amputations, but overexertion and similar injuries and conditions are often covered, too.
While medical care should be available for all kinds of injuries, whether you can obtain wage-loss benefits will depend on how severe your injury was and how much time you missed at work. Depending on how you were injured and what field you work in, there may be additional compensation you can also claim.
For a free case evaluation, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialists at (267) 651-7945 today.
What Workers Are Covered?
Workers’ Compensation is typically available to cover all “employees.” This is contrasted with “independent contractors,” who are treated as self-employed and usually do not get Workers’ Comp coverage.
Determining Status
If you control your own work, then you might be a contractor. However, if you are always told what to do and how to do it by your employer or supervisor, you work at a job site or location dictated to you, and you cannot choose to avoid things like hot workdays and dangerous conditions, then you are likely an employee.
Seasonal and Part-Time Workers
Part-time workers and seasonal workers are often at the biggest risk of heat stroke and other exertion injuries, especially farm and agricultural workers, warehouse workers, etc. The term “employee” can definitely cover these workers, and you should likely be covered under Workers’ Comp.
Exceptions
Federal workers are not covered under the state Workers’ Comp system and use a different federal system. U.S. Postal Service employees, for example, would file through that system instead. There are also exceptions for realtors, who are not covered.
What Overexertion Injuries Are Covered?
Workers’ Comp covers a wide range of work-related injuries, but understanding the limits is important.
Work-Related Injuries Only
As long as your injury was “work-related,” it should be covered. This standard merely means that the injuries occurred because of dangerous work conditions or in the course of carrying out your work duties.
This is often met for all kinds of work conditions, including conditions that are hot, sunny, or without air conditioning. It also covers nearly any overexertion that leads to injury or exhaustion.
Examples
There are three major areas of overexertion injuries this should cover:
- Heat-related injuries, such as heat exhaustion and heat stroke.
- Heart and lung injuries from overexertion, such as heart attacks and even strokes from direct stress.
- Physical injuries from overexertion, such as pulled and strained muscles, hernias, and even broken bones.
Disabilities
While medical bills should be covered for all work-related injuries, you can only get wage-loss benefits when your injury keeps you from work for at least 7 days. These days do not need to be consecutive, but must all stem from the same injury, not separate injuries.
This means that if you suffer heat exhaustion and are back to work after a long weekend, you might not get wage-loss benefits. However, if you suffer a hernia and miss upwards of 4 weeks and require surgery, your lost wages should be covered.
Additional Coverage for First Responders
Between the Pennsylvania Heart and Lung Act and similar coverage under Act 534/632, many first responders and similar workers can get additional benefits.
Covered Workers
Each Act here covers different workers, but the end result is the same: additional benefits. All in all, the following workers, and similar workers in the same kind of field, are covered:
- Police
- Firefighters
- Game wardens
- Corrections officers
- Ambulance corps workers.
Additional Benefits
Workers’ Comp usually pays only 2/3 of your lost wages or the difference in pre- and post-injury wages while your disability stops you from working. If you are covered under the Heart and Lung Act or Act 534/632, then you can get your full wage instead.
This only applies to injuries that
- Are temporarily disabling
- Occur within the core duties of your job.
Areas Served
Our Certified Pennsylvania Workers’ Compensation Specialists are located in Philadelphia, but we serve injured workers throughout the Commonwealth:
- Philadelphia
- Surrounding counties (Delaware, Montgomery, Berks, Bucks, and Chester Counties)
- Reading
- The Lehigh Valley (Bethlehem, Allentown, Easton, etc.)
- Lancaster and Lancaster County
- State College and Centre County areas
- Luzerne County, Scranton, and Wilkes-Barre
- Harrisburg
- Pittsburgh, Allegheny County, and the other surrounding neighborhoods
- And more.
FAQs for Injuries from Overexertion at Work
Do You Need a Lawyer for a Workers’ Comp Claim?
While you can file a Workers’ Comp claim without a lawyer, you should never try to do so. If your employer rejects your initial claim, you may need to file a formal Claim Petition with the Workers’ Comp Office of Adjudication.
Doing so often requires help from a lawyer, as you likely cannot proceed all the way to a hearing without our help. Judges may not even sign off on a settlement without you reviewing it with your lawyer first.
Can You Settle a Workers’ Comp Claim?
Workers’ Comp claims can be settled instead of going to a hearing, but only if you are satisfied with the benefits you are getting. Workers’ Comp claims can also be settled after being granted, once it is clear how much work you will miss and how much your medical care will cost.
What Benefits Are Covered?
Workers’ Comp typically pays
- All medical bills to treat your work-related injuries
- 2/3 of your pre-injury wage as long as you cannot work or 2/3 of the difference in pre- and post-injury wages if you can work to some extent
- Additional benefits for amputation, lost function, lost vision, lost hearing, and serious facial scars.
What if You Get Hurt After Passing Out at Work?
Passing out from heat exhaustion or simply being overworked can often lead to secondary injuries if you fall into machinery, into equipment, or off of high places. These kinds of injuries are covered the same as any other work-related injury.
You do not have to have done something wrong or prove that your employer was at fault first.
Call Our Workers’ Comp Lawyers for Overexertion Injuries, Strains, Hernias, and Heat Stroke
For help with your case, call our Workers’ Comp attorneys at Cardamone Law right away at (267) 651-7945.
