When you get hurt while serving your community, you deserve to have your injuries paid for. The law in Pennsylvania typically allows police and firefighters to get compensation for their injuries and may even pay beyond what other workers get.
First responders, including fire, police, and EMTs, typically qualify for Workers’ Comp coverage for medical bills, 2/3 of their lost earnings (subject to restrictions), and specific loss injuries for some permanent injuries. However, you can also potentially qualify for additional programs that fill in the rest of your lost wages for temporary disability.
For help getting your injury compensated, call Cardamone Law’s police and fire injury lawyers today at (267) 651-7945.
Do Police and Fire Qualify for Workers’ Compensation in Pittsburgh
Police officers and firefighters do typically qualify for Workers’ Comp. This is because they are typically employees, and Workers’ Comp covers virtually all employees in the Commonwealth.
Under this system, you should receive these three areas of benefits:
- Medical bills covering emergency care, follow-up treatment, rehabilitation, and more. All costs to heal and treat your injury should be covered.
- Wage-loss benefits paying around 2/3 of your lost earnings, subject to caps and floors. However, first responders can use additional programs for more coverage in some cases.
- Specific loss benefits paying additional money for lost function, amputation, significant facial scarring, lost vision, and lost hearing.
Are Volunteer Firefighters Covered?
Some of the fire companies in Pittsburgh use volunteer firefighters. Since Workers’ Comp covers “employees,” this might make you think you are not covered, but that isn’t the case.
The Workers’ Comp Act’s definition of employee specifically includes fire and ambulance volunteers who are injured while engaging in their first-responder duties. This might not cover social club volunteers, but it should cover anyone injured while actually working as a firefighter.
What About EMTs?
EMTs, whether they work for a separate ambulance corps, a hospital, or the fire department, should also qualify for Workers’ Comp as well as the additional first-responder benefits discussed below.
Additional Wage-Loss Coverage Under the Heart and Lung Act
Multiple laws, usually grouped under the name of the Heart and Lung Act, provide additional benefits to injured firefighters, police, and other first responders.
If you suffer an injury while performing your duties and your injury is a temporary disability that will eventually let you get back to work, you can get your full lost wages covered instead of 2/3. This typically means signing over your Workers’ Comp wage-loss benefits to your employer, who then pays you full wages instead.
Special Restrictions
This does not work for permanent injuries. You may still claim around 2/3 of your average pre-injury wage in those cases, and those benefits can last as long as your disability does.
This also requires that the injury was within the specific scope of your duties, not just on the fringes of your job tasks. For example, injuries while fighting fires are covered, but likely not a slip and fall while cleaning up the firehouse.
Included Employees
This Act actually covers a broad range of first responders, including corrections officers engaged in firefighting duties and a surprising range of game wardens and other first responders. Check with a Workers’ Comp lawyer to see if you are covered.
Types of Injuries Covered
First-responder injuries can happen in many different ways, but all of these categories of injury should be covered:
- Acute injuries from falls, auto accidents, burns, smoke inhalation, etc.
- Injuries intentionally caused by criminals (e.g., stab wounds, gunshot wounds)
- Repetitive stress and repetitive strain injuries over time
- Cancer and other health conditions from exposure
- Mental and psychological injuries (e.g., PTSD).
A few of these do have some unique situations that involve additional rules:
Firefighter Injuries
Firefighters often face much higher risk of exposure to carcinogenic or cancer-causing chemicals from smoke and fires. Because of this, there are special rules that assume the injury came from their work as a firefighter if they have certain conditions and worked as a firefighter for long enough.
The Workers’ Comp Act also helps guide us as to which employer to file against if you changed employers during your career.
Mental-Only Injuries
First responders face traumatic situations as a daily occurrence. This can cause PTSD and other psychological injuries, and there is no legal expectation that that is just “part of the job.” This can lead to Workers’ Comp claims if the condition disables you.
First responders used to have to show that they faced abnormal working conditions that led to PTSD, such as a terrorist attack or an especially traumatic shootout. This is no longer necessary since 2024, and the daily stress of working as an officer or firefighter can qualify you for coverage.
FAQs for Workers’ Comp for Firefighters and Police Officers
Can You Get Coverage for Injuries Caused by Criminals?
While most injury claims are for accidents, Workers’ Comp does still cover any injury sustained in the course of your work. This can include things like assault or gunshot wounds from criminals, even though their actions were intentional and not accidental.
Can Firefighters Sue for Injuries?
There is a classic rule called the Fireman’s Rule that stops firefighters and other first responders from suing the person who caused a fire or other unsafe situation. The expectation is that you essentially understand the risks and are there to help, not start lawsuits for every fire you respond to.
However, Workers’ Comp still covers these injuries, giving you benefits and covering your wages while you are out on injury leave. Injuries from hidden conditions and dangers might also allow lawsuits, given that the injury is not caused by the fire or other danger you are responding to.
How Long Does a Claim Take?
Workers’ Compensation claims can take anywhere from a few months to almost a year. Lawsuits often take far longer, with at least a year or perhaps two.
However, settling a case is often faster. Do not settle without speaking to a lawyer about your damages and seeing whether the agreement is fair.
Call Our Workers’ Comp Lawyers for Firefighters and Police in Pittsburgh
Call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Specialist at (267) 651-7945 today.
