With a normal Workers’ Compensation claim, you can get 2/3 of your lost wages. However, the Heart and Lung Act has provisions that allow certain people with temporary disabilities to get their full wages paid while they are out of work.
The Pennsylvania Heart and Lung Act’s coverage kicks in for first responders. The specific list is quite expansive, but primarily covers police, probation officers, correction officers, game wardens, firefighters, sheriffs, rangers, etc. However, it only covers injuries “in the performance of” their “duties.” This coverage is not as expansive as normal Workers’ Comp coverage.
For help with your injury case, call the Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law today at (267) 651-7945.
What Does the Heart and Lung Act Do?
The Pennsylvania Heart and Lung Act expands wage-loss benefits for injured first responders.
Typical Benefits Under Workers’ Comp
Workers injured in the course of their work will typically receive medical benefits and only a portion of their lost wages through Workers’ Compensation. Lost wages are usually calculated from your average weekly wage (AWW) before the injury.
- If you cannot work at all, you get 2/3 of your pre-injury AWW.
- If you can work somewhat, then you get 2/3 of the difference in pre- and post-injury AWWs.
- These are subject to caps at the statewide AWW.
- They also have floors at half the statewide AWW or 90% of your pre-injury AWW, whichever is lower.
What the Heart and Lung Act Does
If you qualify under the Heart and Lung Act, you get 100% of your lost wages instead of only 2/3.
What Workers Are Covered?
Workers’ Comp applies to all employees, while the Heart and Lung Act only covers first responders with temporary disabilities who were injured in the performance of their “duties.”
Covered First Responders
Nearly all first responders working for state or local government in Pennsylvania are covered. Federal law enforcement officers are not covered; there is a separate federal Workers’ Comp system. Some first responders not listed here might also be covered under separate but related laws (Act 534/632).
Specifically, the Heart and Lung Act’s text lists all of these first responders:
- Pennsylvania State Police
- Liquor Control Board enforcement officers
- Parole and probation
- Capitol Police
- Campus police
- Department of Corrections (DOC) officers
- DOC workers in the Bureau of Investigations and Intelligence
- Department of Human Services (DHS) and DOC psychiatric aides
- Office of Attorney General drug enforcement agents
- Delaware River Port Authority Police
- Police, fire, or park guards
- Sheriffs and their deputies
- Pennsylvania Game Commission or Pennsylvania Fish and Boat Commission enforcement officers
- DCNR Rangers and associated officers
- Fort Indiantown Gap police
- State Inspector General officers
- Transit police
- Allegheny County Housing Authority Police
- Housing police
- Corrections officers and jail guards.
Performance of Duties
Only injuries sustained while actually carrying out first responder and law enforcement duties are covered. This means something like injuries from a slip and fall in the firehouse or an accidental discharge of a weapon while sitting at your desk might not be covered (though they may still be eligible for Workers’ Comp).
However, injuries while fighting fires, apprehending suspects, controlling prisoners, or treating mental health inmates would be covered for those respective jobs. This includes coverage for all core law enforcement or firefighting tasks.
Temporary Injuries Only
This coverage only applies to injuries you will recover from. Permanent injuries that will take you out of the workforce indefinitely do not count and cannot be used for a Heart and Lung Act claim.
However, you can still get standard Workers’ Comp benefits, so talk to our Philadelphia Workers’ Comp lawyers about which sets of benefits apply to you; do not assume you can’t get anything.
Coverage for Heart and Lung Injuries
The Act also provides coverage for heart and lung injuries. These would normally be covered under Workers’ Comp as well, but the Heart and Lung Act essentially makes sure that this coverage applies even if the injury doesn’t specifically arise out of their employment.
Any workers in these listed positions will be covered as long as they
- Worked this job for over 4 years
- Face stress or exposure to fumes, heat, smoke, or gases.
This skips any need to specifically prove the injury was work-related or related to a specific accident like Workers’ Comp would require.
FAQs for Heart and Lung Act Coverage in Pennsylvania
How Do I Know if My Job is Covered?
The Act lists the jobs that are covered. If you are not sure if your specific job title falls under these listed categories, our lawyers can help you determine this or check related Act 534/632 coverage.
You may also be able to check with your employer, but you should never trust their opinion; check with a lawyer when you can.
How Do I File a Claim?
Our attorneys can help you start your claim for medical care and lost wages through the Heart and Lung Act by notifying your employer of the injury.
Can You Only Get Benefits for Heart or Lung Injuries?
No. The name of the Act comes from its expanded protections for heart and lung injuries for first responders, but the additional wage-loss benefits apply to all kinds of injuries, so long as they meet the other qualifications (temporary disabilities sustained while performing your duties).
How is the Heart and Lung Act Different from Workers’ Comp?
The main differences between the two systems are
- Workers’ Comp covers temporary and permanent injuries, but the Heart and Lung Act’s additional wage-loss benefits are only for temporary disability.
- Workers’ Comp covers any injuries sustained because of dangerous work conditions or in the course of your job, while the Heart and Lung Act covers only injuries within the core duties of your job (a smaller subset of tasks).
- Heart and Lung benefits are only available to first responders and law enforcement.
What is Act 534/632 vs. the Heart and Lung Act?
The Heart and Lung Act is numbered Act 193 from the year 1935. Act 534/632 are two separate acts that were passed later to expand Heart and Lung Act coverage to additional first responders and state employees not listed in the original act.
This original act focused on police and firefighters, while the later acts added more medical first responders and corrections workers.
Call Our Workers’ Comp Lawyers in Pennsylvania Today
For a free review of your case and help understanding your potential eligibility under the Heart and Lung Act, call Cardamone Law’s Montgomery County, PA Workers’ Comp lawyers at (267) 651-7945.
