What Is The Heart & Lung Act?
The Heart and Lung Act provides full salary and benefits to certain Pennsylvania public safety employees who are temporarily disabled by a work-related injury sustained in the performance of their duties. While workers’ compensation benefits typically replace only a portion of lost wages, eligible employees under the Heart and Lung Act may continue to receive their full pay while recovering.
What Is the Pennsylvania Heart and Lung Act?
In addition to the Pennsylvania Workers’ Compensation Act, there is the Heart and Lung Act, which applies to a significant number of public employees throughout the Commonwealth of Pennsylvania.
The Heart and Lung Act differs from the Workers’ Compensation Act because it provides full compensation and continuation of employee benefits while an eligible employee is temporarily disabled due to a work injury. However, the Heart and Lung Act applies to a much narrower group of employees.
The purpose of the Heart and Lung Act is to provide important public safety personnel with full compensation while disabled from a work-related injury.
How Is the Heart and Lung Act Different From Workers’ Compensation?
One of the most important differences between the Heart and Lung Act and the Pennsylvania Workers’ Compensation Act is the type of benefits available.
Under the Workers’ Compensation Act, injured workers may be entitled to wage-loss benefits and medical benefits for work-related injuries.
Under the Heart and Lung Act, eligible employees may receive:
- Full salary continuation
- Continuation of employee benefits
- Medical benefits
The Heart and Lung Act only applies when a disability is temporary. If the disability becomes permanent, the injured worker may instead fall under the Pennsylvania Workers’ Compensation Act.
Heart and Lung benefits generally end when:
- The employee is no longer disabled, or
- The disability is determined to be permanent rather than temporary
What Does “Performance of Duties” Mean?
It is important to understand that the Heart and Lung Act has a different standard than workers’ compensation. Under the Workers’ Compensation Act, benefits are generally available for injuries arising in the course and scope of employment. Under the Heart and Lung Act, benefits are only available for injuries incurred in the performance of duties. For example, if you are a police officer, you generally must be injured as a result of an event that requires or triggers an official police response in order to qualify for Heart and Lung benefits.
Who Is Covered by the Pennsylvania Heart and Lung Act?
Examples of employees who may qualify for Heart and Lung benefits include:
- Members of the Pennsylvania State Police
- Police officers employed by counties, cities, boroughs, towns, or townships
- Firefighters employed by the Commonwealth
- Sheriffs and deputy sheriffs
- Parole agents, enforcement officers, and investigators of the Pennsylvania Board of Probation and Parole
- Capitol Police officers
- Certain correctional employees whose principal duty is the care, custody, and control of inmates
Who Is Not Covered by the Heart and Lung Act?
Examples of individuals who are generally not covered include:
- Pennsylvania State Police cadets
- Retired State Police officers
- Volunteer firefighters
Because eligibility can be complicated, employees should speak with an experienced Pennsylvania workers’ compensation attorney if they are unsure whether they qualify.
What Benefits Are Available Under the Heart and Lung Act?
Eligible employees may receive:
- Full rate of salary
- Continuation of employment benefits
- Medical benefits
The phrase “full rate of salary” refers to an employee’s gross salary, not the net amount received after taxes and deductions.
How Do You Apply for Heart and Lung Benefits?
To seek benefits under the Heart and Lung Act, an employee generally must file an official report with their employer.
After the report is filed, the claim will be investigated and a decision will be issued regarding eligibility for benefits.
Can You Receive Both Heart and Lung Benefits and Workers’ Compensation?
Yes. In many situations, it makes sense to pursue both Heart and Lung benefits and Pennsylvania workers’ compensation benefits. Although an employee cannot receive more than their salary, workers’ compensation benefits are often used as a credit against the full salary being paid through the Heart and Lung Act. In other words, the employer may receive credit for the workers’ compensation benefits being paid while continuing the employee’s full salary under the Heart and Lung Act.
It is also important to understand that a determination regarding Heart and Lung benefits is not necessarily binding in a workers’ compensation case.
Even if an employee is found fully recovered in a Heart and Lung proceeding, they may still be entitled to pursue benefits through the Pennsylvania workers’ compensation system. This is because the workers’ compensation system and the Heart and Lung process operate separately and have different jurisdictional authority.
Work With an Experienced Pennsylvania Workers’ Compensation Attorney
If you believe you may be entitled to benefits under the Pennsylvania Heart and Lung Act, it is important to understand all of your available rights and benefits.
At Stern & Cohen, we help police officers, firefighters, correctional officers, and other public safety employees understand their eligibility for Heart and Lung benefits and Pennsylvania workers’ compensation benefits. We can determine whether you qualify, explain how the two systems work together, and help protect the benefits you deserve.
Contact Stern & Cohen today for a free consultation.
FAQs
Who qualifies for Heart and Lung benefits in Pennsylvania?
Eligible employees may include police officers, firefighters, sheriffs, deputy sheriffs, Capitol Police officers, parole agents, certain correctional employees, and members of the Pennsylvania State Police.
Does the Heart and Lung Act only cover heart and lung injuries?
No. Despite its name, the Heart and Lung Act covers many types of work-related injuries, including orthopedic injuries such as knee injuries and other disabling conditions.
How long do Heart and Lung benefits last?
Heart and Lung benefits generally continue while the employee remains temporarily disabled. Benefits may end when the disability ceases or is determined to be permanent.
What is the difference between Heart and Lung benefits and workers' compensation?
The primary difference is that Heart and Lung benefits provide an employee’s full salary, while workers’ compensation benefits generally provide a percentage of lost wages. The Heart and Lung Act also applies to a much narrower category of employees.