By Peter J. Gough, Esquire
The Commonwealth of Pennsylvania recognizes that high-risk workers deserve added protections because they are more likely to be injured on the job due to the inherent dangers they face. The PA Heart and Lung Act covers police, firefighters, and specified enforcement officers (including corrections employees, sheriffs, and deputy sheriffs), who are injured or contract certain diseases while in the line of duty. The benefits are only applicable to temporary injuries and eligible employees do not need to use sick time for their recuperation.
Heart and Lung benefits, like Workers’ Compensation provide medical expenses but in addition, provide 100% of eligible employee’s normal weekly salary, tax-free. It does not include overtime in its calculations. For comparison, the Workers’ Compensation Act compensates only up to two-thirds of lost wages, including overtime. The Heart and Lung Act supersedes the Workers’ Compensation Act, but in some instances, the worker may need to apply for Workers’ Compensation first. However, the eligible employee cannot collect both simultaneously. The Heart and Lung Act requires all Workers’ Compensation attributed to the period of temporary disability be turned over to the employer paying Heart and Lung Act benefits.
Should the injury or disease become permanent, the Heart and Lung Act is no longer applicable. But be aware that the benefits awarded by the Heart and Lung Act are constitutionally protected and cannot be terminated without a due process hearing. Furthermore, if the injury or disease becomes permanent, certain workers may be eligible to switch to Workers’ Compensation benefits, Act 534 benefits, Act 632 benefits, (which are similar to Heart and Lung benefits), or to apply for Social Security Disability Benefits.
Quatrini Law Group works with many first responders who have been hurt on the job and are experts in all the pertaining legislation. We can explain your eligibilities and walk you through the entire process. Contact us online or call 1-877-953-9962 for a free consultation.
