WHO IS COVERED BY THE PENNSYLVANIA HEART AND LUNG ACT?
The Heart and Lung Act provides for complete wage replacement (at your full salary), plus medical expenses, for broad classes of Pennsylvania employees, specifically including the following:
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State Police
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Liquor Control Board Enforcement Officers
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Liquor Control Board Investigators
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Parole Agents
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Correction Employees with Principal Duties of Care, Custody and Control of Inmates
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Psychiatric Security Aides Employed by the Department of Public Welfare
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Psychiatric Security Aides Employed by the Department of Corrections
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Drug Enforcement Agents
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All Policemen (County, City, Borough, Town or Township)
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All Firemen (County, City, Borough, Town or Township)
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All Park Guards (County, City, Borough, Town or Township)
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Sheriffs
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Deputy Sheriffs
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Members of the Delaware River Port Authority Police
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Special Agents of the Office of Attorney General
BENEFITS UNDER THE HEART AND LUNG ACT
The risks faced by these employees are necessary for the safety of people in the community. The law recognizes the risks these people take and provides them with assistance if they are injured on the job. The Heart and Lung Act is a state law that provides benefits to law enforcement officers who suffer a job-related injury. Some facts about this legislation:
- An eligible employee is entitled to 100 percent of their normal (no overtime) weekly salary including annual or contractual pay raises
- An eligible employee may be required to file for Workers’ Compensation benefits first. These benefits will be reimbursed to the employer paying the Heart and Lung Act benefits with the exception of concurrent employment wages.
- An eligible employee does not have to use any sick or annual leave to cover their absence once they have sustained a compensatable injury.
- An eligible employee’s Heart and Lung benefits may not be terminated without a due process hearing.
- Heart & Lung Act benefits are considered a “property right” under the U.S. Constitution.
The purpose of the Heart and Lung Act is to provide a full salary, not compensation, to employees in certain dangerous occupations who have been injured on the job and who are expected to recover and return to work in the foreseeable future. These Acts, however, are not a replacement for Workers’ Compensation benefits. If an employee’s injury is found to be “permanent” rather than temporary, that employee should not continue to receive benefits under the Heart & Lung Act but should properly receive Workers’ Compensation benefits.
If you have been injured in the line of duty, you deserve financial compensation and medical benefits. To learn more about your rights, schedule a free consultation with an experience attorney at The Pisanchyn Law firm.
STATE PENAL OR CORRECTIONAL INSTITUTION BENEFITS CAUSED BY THE ACT OF AN INMATE (ACT 632/534)
In order to receive benefits under Act 632/534 the burden of proof is initially on the covered employee to prove that his or her work-related injury was caused by the act of an inmate.
WHO IS COVERED BY ACT 632/534?
Act 632/534 provides for complete wage replacement (at your full salary at the time of injury), plus medical expenses, for broad classes of Pennsylvania employees, specifically including any employee of a:
- State penal institution
- Correctional institution under the Bureau of Correction of the Department of Justice
- State Mental Hospital or Youth Development Center under the Department of Public Welfare
BENEFITS UNDER ACT 632/534
The benefits provided under this Act are identical to that provided pursuant to the Heart and Lung Act with the exception of pay raises. Under Act 632/534 your compensation is 100% of your pay at the time of injury whereas under the Heart and Lung Act your compensation will increase with any applicable pay raises that you as an employee are entitled to receive. Another difference between Heart & Lung Act and Act 632/534 benefits is that in order to continue receiving Heart and Lung Act benefits your injury must be “temporary” where as permanent injuries are compensatable under Act 632/531. Generally, after these benefits have been granted to an employee, the employer may not terminate receipt of these benefits without affording you Notice and conducting a full due process hearing.
For these reasons, when you the attorneys at the Pisanchyn
Law Firm you will know that you have a first-rate Law Firm that will fiercely pursue your
rights and the money you deserve. AND YOU NEVER PAY A FEE UNLESS WE WIN YOUR CASE. In
addition to our office locations, we make house calls. If you are injured and find it
difficult to travel, we can come to you. Contact The Pisanchy Law Firm today. We will help.
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