One area of great concern for employees is injury in the performance of work for the employer. Injuries often require loss of the ability to work, which may be temporary or even permanent. This can lead to wage loss, loss of employment, forced early retirement and loss of future earning ability. It is vitally important that any work injury suffered while in the course and scope of employment be reported to the employer immediately and, if necessary, vigorously litigated to ensure the employee’s rights are protected.
There are several statutory benefits available to injured employees. The most expansive is Pennsylvania Workers’ Compensation Act benefits, which pays to employees across numerous areas of employment a reduced biweekly wage and full medical benefits for an injury incurred in the course and scope of employment. This benefit is designed to accommodate those injuries that are both temporary and long-lasting or permanent in nature.
The Enforcement Officer Disability Benefits Law, commonly known as the “Heart and Lung Act,” provides full salary continuation and medical/employment benefits to eligible law enforcement and fire fighter employees injured in the performance of their duties, provided the injury is “temporary” and not permanent or indefinite in nature. It is critically important to the range of employees subject to its coverage. Disputes involving this statute may be grieved under the CBA depending of the language of the Agreement or subject to a local or administrative agency hearing. It is important to know which venue applies to your situation.
Act 632/534 is another statutory benefit which provides salary continuation (calculated as of the date of injury) and medical benefits to certain eligible correctional employees “permanently” injured as a result of an inmate altercation.
Additionally, employees may be eligible for short-term and long term-disability insurance benefits under policies provided by their municipal employers.
Finally, injured employees may also be entitled to disability pension benefits under their municipal pension plans.
Often, these benefits can overlap, or lead to one another as the recovery period progresses. It is vitally important that an injured employee is properly and promptly advised of their rights for each benefit, as the effects of such an injury can last a lifetime. Our staff has decades of combined experience in both litigating all of these disputes, and guiding injured employees through this difficult and stressful process.
