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    Archive for August, 2020

    A Brief Look at Pennsylvania’s Heart and Lung Act

    As people all across the world are staying at home to try and slow down the spread of COVID-19, first responders and other essential workers who are manning the frontlines do not have that option. They risk exposure to COVID-19 every day as they provide essential services for their communities.

    If you or a loved one have contracted the virus through their essential work, let a Lancaster workers comp lawyer at Vanasse Law LLC help you explore your possible options, including workers’ comp and Pennsylvania’s Heart and Lung Act. 

    Pennsylvania’s Heart and Lung Act

    Pennsylvania’s Heart and Lung Act (HLA) protects various types of employees in Pennsylvania if they become sick or injured at work. This protection supplements Workers’ Compensation insurance, providing additional financial support for employees diagnosed with COVID-19 and other temporarily debilitating conditions.

    The HLA provides a full tax-free weekly salary without overtime for certain types of employees in Pennsylvania. The HLA also covers medical expenses related to any work-related injury or occupational illness suffered while performing official employment duties.

    Who is Covered by the HLA?

    The HLA covers municipal employees in law enforcement and firefighting. This includes the following types of job classifications:

    • State, County, Township, and City Police Officers and Firemen
    • Drug Enforcement Agents
    • Sheriffs and Deputy Sheriffs
    • Liquor Control Board Enforcement Officers and Investigators
    • Correctional Employees with Principal Duties of Care, Custody, and Control of Inmates
    • Psychiatric Security Aides Employed by the Department of Public Welfare
    • Psychiatric Security Aides Employed by the Department of Corrections
    • Members of Delaware River Port Authority Police
    • Special Agents of the Office of Attorney General

    What Types of Illnesses are Covered by the HLA?

    The title “Heart and Lung Act” is not entirely accurate, as the HLA covers many types of illnesses and injuries. In fact, the HLA covers any injuries and illnesses that occur “within the course and scope of employment” for all qualified Pennsylvania employees. 

    Furthermore, certain groups of employees in Pennsylvania may be granted a presumption that COVID-19 is an “occupational disease” for their profession under certain provisions of the workers’ comp law. Nonetheless, while the HLA covers temporary illnesses or injuries, including COVID-19, permanent disabilities are not covered.

    Contact a Lancaster Workers’ Comp Lawyer at Vanasse Law LLC for a Same-Day Response

    Both the workers’ comp laws and the HLA are complicated pieces of legislation. If you are working during the pandemic and may be exposed to COVID-19, it is important that you understand your rights under workers’ compensation law and potentially the HLA. 

    A Lancaster workers’ comp attorney at Vanasse Law LLC will help you understand the current state of the law regarding workers’ comp and the HLA, explore your options, protect your rights, and file any necessary claims on your behalf. If you need our help, please contact us online for a same-day response.

    Will Workers’ Compensation Cover COVID-19? A Lancaster Job Accident Lawyer Can Help With Your Claim

    Workers’ compensation law is designed to compensate employees who have been hurt at work. But what if you contract COVID-19 at work? Can you file a workers’ compensation claim? This issue is complex and rapidly evolving.

    If you have contracted or fear you may contract COVID-19 from work, let a Lancaster job accident lawyer at Vanasse Law LLC help you explore your possible options. 

    COVID-19 Workers’ Compensation Issues

    Although many workers’ compensation issues are the same, the rules can vary from state to state. Aside from protecting employees, workers’ compensation insurance is also designed to benefit employers by providing coverage with predictable payments and reduced legal costs.

    Recently, the COVID-19 pandemic has created numerous challenges for state legislatures across the country. One of the most challenging questions is: Does workers’ compensation insurance cover employees who have contracted the disease?

    Naturally, the answer is complicated. Generally, workers’ compensation insurance does not cover routine community-spread illnesses, such as a cold or the flu. This is because they usually cannot be directly tied to the workplace. Some states have made exceptions for employees who have developed chronic illnesses, such as cancer, resulting from repeated exposure to toxic or carcinogenic materials.

    However, it is unclear if COVID-19 illnesses fall into the former or the latter category. The unique issue presented by COVID-19 is that it presents a circumstance in which many jobs that have not historically been considered hazardous have suddenly become very dangerous for employees. Essential business employees, such as transit operators, health care workers, and grocery store workers are at a high risk of exposure to the virus while at work. But the more hazardous working conditions do not guarantee that a COVID-19 infection would be covered under workers’ compensation in most states.

    Pennsylvania’s Response

    Expanding workers’ compensation benefits appears to be high on the agenda in several states, usually specifically for first responders. An approach adopted by many states is to amend state policy so that COVID-19 infections in certain types of employees are presumed to be work-related and covered under workers’ compensation, thereby placing the burden to establish that the infection was not work-related on the employer and insurer. This burden-shifting technique makes it much easier for those employees to file successful claims.

    A bill in Pennsylvania seeks to create a grant program for fire companies and emergency medical services companies to provide services during the COVID-19 pandemic.

    Contact a Lancaster Job Accident Lawyer at Vanasse Law LLC for a Same-Day Response

    Do not hesitate. If you are working during the pandemic and may be exposed to COVID-19, it is critical for you to understand your rights under workers’ compensation law. Workers’ compensation law can be complicated and difficult to navigate, especially when it comes to unsettled issues like COVID-19 coverage. 

    A Lancaster job accident attorney at Vanasse Law LLC will help you understand the current state of the law, examine your options, protect your rights, and file any necessary claims on your behalf. If you need our help, please contact us online for a same-day response.