Have you suffered on-the-job injuries as a firefighter in Pennsylvania? You could be entitled to workers’ compensation benefits. The workers’ comp claims process can be burdensome, but having the right support can make all the difference.
At Calhoon & Kaminsky, P.C., our attorneys have experience handling workers’ compensation for firefighters and can help you access the benefits you deserve for wage losses, medical expenses, and more. Contact us today for a free consultation. We’ll discuss your situation, answer your questions, and help you take the next steps in getting the benefits you are due.
Common Firefighter Injuries and Hazards
Firefighters face many occupational hazards that can lead to many injuries. Burns are common, as firefighters often work in environments with extreme heat and flames. They can also suffer from smoke inhalation, which can cause severe respiratory issues and lung damage.
Physical injuries, such as cuts, bruises, sprains, strains, and fractures, are also common due to the heavy lifting and intense physical demands of firefighting. Falls from ladders, roofs, and other elevated surfaces are another risk that can easily lead to broken bones or more severe trauma.
Firefighters are also routinely exposed to toxic chemicals and hazardous materials, which can lead to long-term health problems like cancer. The risk of cancer is uniquely high for firefighters due to their exposure to carcinogens like asbestos, diesel exhaust, and other harmful substances at fire scenes.
Coverage Provided by Workers’ Compensation
Workers’ compensation covers nearly every worker in Pennsylvania, including full-time, part-time, and seasonal employees. This coverage applies to injuries, illnesses, or diseases caused by work. However, depending on their role, volunteer firefighters might not be covered under Pennsylvania’s workers’ compensation laws. If you are a volunteer firefighter, our PA workers’ comp lawyers can explain your rights.
If you get hurt or sick in the course of your job as a firefighter, workers’ comp will pay for the medical care you need to recover. If your employer provides a list of approved providers, you must choose from that list for the first 90 days of treatment. Afterward, you can choose your own doctor to get a second opinion or receive surgery if necessary.
Workers’ comp also provides wage loss benefits if your injury keeps you from working. You become eligible for wage loss benefits after missing more than seven days of work, with payments starting on the eighth day. If your injury stops you from working for 14 days or more, you can receive retroactive pay for those first seven days. These benefits typically amount to two-thirds of your average weekly wages, up to a statewide maximum limit. If you suffer the permanent loss of a body part or its use, you can receive specific loss benefits, the amount and duration of which depend on the body part affected.
Workers’ comp also provides partial and total disability benefits. Total disability benefits apply if you cannot work at all, while partial disability benefits apply if you can work but earn less than before due to your condition. Total disability benefits can change to partial if your impairment falls below a certain threshold after a medical review. Partial disability benefits are available for up to 500 weeks.
Filing a Workers’ Comp Claim
Time is critical when filing a workers’ compensation claim in Pennsylvania. You must report your injury to your employer within 21 days to maintain eligibility for benefits. If you wait longer, you could lose some or all of your benefits. The absolute deadline to report your injury is 120 days. After reporting, you have three years from the injury date to file a claim if your employer or their insurance denies your benefits request.
Workers’ compensation laws are complex, and your employer will likely have robust legal representation, so it’s best to work with an experienced lawyer to file your claim. Your attorney can handle the claims process, protect your rights, and increase your likelihood of receiving the benefits you deserve.
Common Workers’ Comp Issues for Firefighters
Firefighters in Pennsylvania can encounter various complications when pursuing workers’ compensation claims. These challenges can prolong the process and prevent access to needed benefits. Here are some common problems firefighters might face:
- Claim Denials – Despite clear evidence of work-related injuries or illnesses, some claims still get denied. This forces many workers to go through the appeals process, which can delay benefits.
- Paperwork Errors – Filing a workers’ comp claim requires detailed paperwork. Missing deadlines, providing incorrect information, or failing to complete forms can lead to delays or denials.
- Delayed Benefits – Even when insurance companies accept claims, there can be delays in receiving wage loss benefits or medical care coverage, adding stress during recovery.
A Hershey workers’ compensation lawyer for firefighters can help you address these common issues by managing the claims process, handling all the paperwork, and meeting relevant deadlines to reduce the risk of denials. If your employer or insurer denies your claim, a lawyer can also handle the appeals process and advocate for the benefits you deserve.
Legal Rights and Protections for Injured Firefighters
Firefighters in Pennsylvania face unique risks on the job, so they have specific legal rights and protections in addition to workers’ compensation rights:
- The Heart and Lung Act – This 1935 law provides financial protection for firefighters who suffer occupational conditions like heart and lung disease. Under this law, affected firefighters can receive full pay and full coverage for medical expenses while recovering.
- Hepatitis C As a Presumptive Condition – Under a 2001 amendment to Pennsylvania’s Workers’ Compensation Act, if a firefighter is diagnosed with Hepatitis C, it is presumed that the disease is related to their work. This presumption is based on the increased Hepatitis C risk firefighters face due to their frequent contact with bodily fluids. The amendment makes it easier for firefighters to receive workers’ comp benefits without proving that their job directly caused the condition.
- Cancer As a Presumptive Condition – Another amendment to the Workers’ Compensation Act, enacted in 2011, listed cancer as a compensable condition for firefighters. The amendment recognized that firefighters are at higher risk for certain cancers due to exposure to hazardous substances while on duty. If a firefighter is diagnosed with cancer, the law presumes the condition is work-related, and they are entitled to workers’ comp benefits.
Contact Our Pennsylvania Workers’ Comp Attorneys to Learn More
If you’re a firefighter in Pennsylvania dealing with a workers’ compensation issue, don’t wait to get the help you need. Calhoon & Kaminsky, P.C., is here to assist you in securing the benefits you’re entitled to. Contact us today for a free initial consultation to get started.
