Workers’ Compensation for Smoke Inhalation in Pennsylvania

Smoke inhalation is an acute injury in many cases, potentially resulting in serious injury and further health complications.  For some smoke inhalation, the injury can take you out for a few days, making it hard to catch your breath, let alone do any heavy physical exertion.  Sometimes, smoke inhalation can trigger additional health issues and cause more long-term damage, leading to extensive time away from work.

Under the Workers’ Comp Act, the only explicit mention of “smoke” allows firefighters working for at least 4 years in the field to get Workers’ Comp for a condition they acquire down the road.  However, there is nothing preventing other smoke inhalation injuries, meaning that you should be covered if you suffered an acute injury from smoke in a factory or manufacturing job or because there was a fire at your workplace.  Additionally, the Heart and Lung Act might provide additional benefits on top of Worker’s Comp.

Call Cardamone Law at (267) 651-7945 for a free case evaluation with our Certified Pennsylvania Workers’ Compensation Lawyers today.

Covering Smoke Inhalation for Firefighters in Pennsylvania

The law often stops firefighters from getting compensation for injuries sustained in the course of their duties, given that they volunteer to help other people and should not necessarily be able to sue them for the dangers they are there to rescue them from.  However, this should not stop firefighters from getting compensation for serious injuries after years of service.

To recognize this, the Workers’ Comp Act includes a specific provision allowing firefighters to get Workers’ Comp for occupational diseases that arise down the road to their heart or lungs because of the smoke inhalation they faced over the years.  This is different from the coverage for acute injuries, which they should be otherwise entitled to, as long as those injuries happened during the course of their work.

To qualify with a disorder or lung disease caused by smoke inhalation, the firefighter needs to have worked serving the public as a firefighter for at least 4 years.  They also need to have actually been exposed to smoke during that time.  If you meet these qualifications, our Pennsylvania Workers’ Comp lawyers can help you claim benefits for diseases and disorders caused by smoke inhalation, heat exposure, fumes, gases, or even stress and exertion, such as lung disorders, heart attacks, and other conditions.

Covering Smoke Inhalation in Other Accidents in Pennsylvania

Since that section of the code discussed above is meant to expand coverage to firefighters, it should not be read as limiting or taking away the right to coverage for smoke inhalation injuries for other workers.  As such, you can claim Workers’ Compensation benefits for smoke inhalation injuries that occur in the course of your work, just as you would be able to claim benefits for any other kind of work injury.

Smoke inhalation can lead to serious injuries on its own, potentially damaging your lungs, hurting your ability to breathe regularly going forward.  You could also potentially suffer serious injuries as a result of the smoke inhalation, such as a heart attack if you cannot breathe properly and are under serious stress, or even suffocation leading to brain injuries from the lack of oxygen.  If the “smoke” you are breathing contains fumes, you could also face other injuries from acute exposure to burning plastics and chemicals.

As long as the injury happened during your work, you should be able to claim compensation for this injury.  This means that if you worked in a factory and something caught on fire, your injuries should be covered.  It also means that if you worked at an office and the building burned down, it should also be covered.  Even if you were driving as part of your work and a fire broke out after a car crash, any of these could be work-related sources of smoke inhalation that should entitle you to benefits.

Benefits Available Through Workers’ Comp for Smoke Inhalation in Pennsylvania

If you needed medical treatment or a hospital stay to treat your smoke inhalation, it should all be covered under Workers’ Comp.  These benefits should pay for all medical care related to your work injury, including potential recovery and rehabilitative care to get you back on your feet after serious smoke inhalation devastates your cardiovascular fitness.

In addition, if the injury keeps you out of work for more than 7 days, you should begin recovering wage-loss benefits.  These benefits typically pay you 2/3 of the average weekly wage you received before the accident.  In some cases, the injuries might be severe enough that you can no longer do tasks that require physical exertion, potentially for months or years to come.  An employer might be permitted to let you go if you can no longer do your job, but they also may be able to offer you alternative work.  If your new work (with the same or different employer) is more of a “desk job” that you can still perform while recovering from your smoke inhalation injuries, you may be reimbursed for 2/3 of the difference in your old and new wages.

Pennsylvania Heart and Lung Act Benefits for Smoke Inhalation

In addition to benefits under the Workers’ Comp Act, some firefighters and other first responders are entitled to additional benefits under the Pennsylvania Heart and Lung Act, a.k.a. Act 534/632.  If your injury occurred while performing your “duties” at work – not just in the general course of your work – then these benefits might apply to your case.  If you do qualify for these benefits, they may pay the rest of your lost earnings, allowing you to get 100% of your lost wages paid instead of the 2/3 that Workers’ Comp covers.

However, these benefits are only available to certain state employees and first responders, though that list of covered employees is much bigger than you might expect.

Call Our Workers’ Comp Lawyers for Smoke Inhalation Injuries in Pennsylvania

For a free review of your potential case, call our Philadelphia Workers’ Compensation attorneys at (267) 651-7945.