Understanding Your Rights Under Pennsylvania’s Heart And Lung Act

Certain jobs come with a much higher risk of injury than others. Pennsylvania lawmakers have taken steps to help protect these employers by passing a number of workers’ comp-related laws. Pennsylvania’s Heart and Lung Act (HLA), for instance, was passed specifically to provide supplemental coverage to law enforcement employees, firemen, and government workers who are hurt on the job.

Who is Covered by the HLA?

The HLA primarily provides coverage for municipal employees in the law enforcement and firefighting industries, including:

• Any member of the State Police Force;
• Enforcement officers and investigators employed by the Pennsylvania Liquor Control Board;
• Parole agents and probation enforcement officers;
• Those employed by the Department of Corrections who are tasked with the care, custody, and control of inmates, including psychiatric security aides;
• Drug enforcement agents;
• Special agents of the Office of the Attorney General;
• Members of the Delaware River Port Authority Police;
• All county, city, borough, town, or township policemen, firemen, or park guards;
• Firemen employed by the state;
• Sheriffs and deputy sheriffs; and
• Enforcement officers and investigators for the Pennsylvania Game Commission.

For help determining whether you qualify for HLA benefits, reach out to our legal team today.

Benefits Under the HLA

The HLA offers supplemental coverage to qualifying employees, which takes the form of a full, tax-free weekly salary and coverage of all medical expenses. This is more generous than standard workers’ compensation coverage, which provides reimbursement for medical expenses, but only partial replacement of lost wages. However, to qualify for this coverage, an employee must be able to prove that his or her work-related injury or occupational illness was suffered while in the performance of official duties. This is more difficult than what is required for other injured employees, who need only demonstrate that an injury occurred in the course of employment. Under the latter definition, almost any injury that occurs at work will qualify a person for workers’ compensation benefits.

Additionally, a covered employee must also be able to establish that besides occurring while performing an official duty, the injury is:

• Temporary; and
• Prevents him or her from carrying out the essential functions of the job.

Once an injury is deemed permanent, the employee will no longer qualify for HLA benefits, but can start collecting workers’ compensation. It’s also important to note that despite the name of the HLA, injuries don’t have to involve the heart or lungs in order to be covered.

Requesting Benefits

When a covered employee suffers an on-the-job injury while performing an official duty, he or she will most likely be required to file an injury report on a prepared form. After reviewing statements from co-workers and conducting a reasonable investigation, the employer will decide whether or not the claimant is eligible for HLA benefits. If benefits are approved, they should be awarded on the first work day following the start of disability. If the employer denies benefits, then he or she will need to explain the decision in a report and notify the claimant. A denied employee then has the option of filing an appeal in writing.

Call Today for Help with Your Case

To speak with an experienced Pennsylvania heart and lung benefits lawyer about whether you qualify for benefits, call the Figured Law Firm at 570-954-9299 today.

Sources:

legis.state.pa.us/WU01/LI/LI/US/PDF/1935/0/0193..PDF

dli.pa.gov/Individuals/Disability-Services/odhh/law-guide/Pages/Department-of-General-Services.aspx