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Pennsylvania Heart and Lung Act (53 P.S. § 637): A Comprehensive Guide for Injured Corrections Officers, Jail Guards, and Other Eligible Public Safety Employees

When public safety employees such as jail guards, corrections officers, or law enforcement personnel in Pennsylvania suffer an injury on the job—especially due to violent encounters—they may be entitled to special benefits under the Pennsylvania Heart and Lung Act, codified at 53 P.S. § 637. These benefits go beyond standard Workers’ Compensation claims, offering eligible employees full salary and medical coverage during their temporary disability. Understanding your rights under the Heart and Lung Act—and knowing how it intersects with Workers’ Compensation—is crucial if you or a loved one is injured in the line of duty. Call us at (570) 954-9299 or fill out our Online Contact Form to get started.

Below, we provide an in-depth overview of the Heart and Lung Act in Pennsylvania, including who is eligible, how to qualify, essential steps to take, and why hiring an attorney experienced in both Heart and Lung Act and Workers’ Compensation is so important. Our law firm, serving clients statewide throughout Pennsylvania, has the knowledge and resources to protect your interests and help maximize your benefits.

Understanding the Pennsylvania Heart and Lung Act (53 P.S. § 637)

The Pennsylvania Heart and Lung Act—sometimes referred to as the “Heart and Lung Benefits” or “Act 637”—provides full salary replacement and medical coverage for certain law enforcement and public safety employees who are temporarily disabled due to an injury sustained while performing their official duties. In some cases, the Act also covers occupational diseases (such as tuberculosis or certain heart conditions) that arise directly out of an individual’s employment after four consecutive years of service.

Under the Heart and Lung Act, these benefits are paid in full by the employer (be it the Commonwealth, a county, a municipality, or a related authority). Any Workers’ Compensation payments received during the same period must be turned over to the employer. Essentially, the Heart and Lung Act provides a higher level of wage-loss benefits than traditional Workers’ Compensation, which typically pays only a portion of lost wages.

Who Is Eligible for Heart and Lung Act Benefits?

In 53 P.S. § 637, the legislature specifically lists which employees qualify. While the complete list is extensive, below are the key categories of workers who may be entitled to these benefits:

  • State Police Force
  • Enforcement officers or investigators employed by the Pennsylvania Liquor Control Board
  • Parole agents employed by the Department of Corrections
  • Probation officers employed by a participating county
  • Capitol Police officers
  • Campus police officers at a participating university
  • Correction employees at the Department of Corrections (DOC)
  • Commissioned police officers with the DOC’s Bureau of Investigations and Intelligence
  • Psychiatric security aides at DHS or DOC
  • Drug enforcement agents and special agents with the Office of the Attorney General
  • Police and fire personnel (including volunteer fire police) employed by a city, borough, or township
  • Sheriffs and deputy sheriffs
  • Enforcement officers/investigators of the PA Game Commission or the PA Fish and Boat Commission
  • DCNR Rangers, State Park Officers, Fort Indiantown Gap Police, among others
  • Transit police officers, such as those employed by a port authority
  • Allegheny County Housing Authority Police
  • Corrections officers or jail guards, employed by a participating county and whose principal duty is the care, custody, and control of inmates

Notably, county jail guards and workhouse employees who are disabled by violence on the job often have specific claims under the Heart and Lung Act, separate from, or in addition to, standard Workers’ Compensation claims.

Requirements to Receive Benefits Under the Heart and Lung Act

To qualify for benefits, an injured worker must establish:

  • They belong to a covered occupation as detailed in 53 P.S. § 637.
  • They sustained an injury or occupational disease arising out of their duties in the performance of their job.
  • Their disability is temporary and prevents them from performing their job.

If the injury or disease is determined to be permanent, Heart and Lung Act benefits may cease, and the employee typically transitions to traditional Workers’ Compensation benefits. However, if the medical prognosis indicates a temporary inability to work, the employee can continue to receive full salary replacement and medical bills paid in full—unlike Workers’ Compensation, which pays only a portion of lost wages.

Additional requirements for certain diseases (like heart disease and tuberculosis) include at least four consecutive years of service. There is also a presumption that tuberculosis of the respiratory system, if contracted after four years of continuous service, was incurred as a direct result of employment.

Key Steps to Take if You Are Injured

If you believe you may be entitled to Heart and Lung Act benefits in Pennsylvania, here are crucial steps to take:

  • Notify Your Employer Immediately
    Promptly inform your supervisor, HR department, or designated official about your injury or illness. Delayed reporting can jeopardize your claim.
  • Seek Medical Treatment
    Obtain immediate medical care for your injury or condition. Early diagnosis and documentation are essential for supporting your claim.
  • Document Everything
    Keep a detailed record of what happened, including the date, time, location, witnesses, and any violent incident or hazardous condition leading to injury.
  • File All Necessary Paperwork
    Different employers have different internal procedures. Make sure you comply with any instructions or requirements, including forms for Heart and Lung Act and Workers’ Compensation.
  • Consult an Experienced Attorney
    Because Heart and Lung Act cases often intersect with Workers’ Compensation claims, retaining counsel familiar with both areas is critical to protect your rights and ensure you receive the maximum benefits allowed.

Heart and Lung Act vs. Workers’ Compensation: What’s the Difference?

  • Wage Loss Benefits: Under the Heart and Lung Act, injured employees can receive 100% of their salary (instead of roughly two-thirds under Workers’ Compensation).
  • Medical Coverage: Both statutes cover medical expenses, but the Heart and Lung Act ensures no out-of-pocket costs for the employee.
  • Interaction of Benefits: If you receive Workers’ Compensation benefits simultaneously, you must turn those benefits over to your employer while you collect Heart and Lung Act payments.
  • Eligibility: Not all Pennsylvania employees qualify for Heart and Lung Act benefits; it only applies to specific job categories listed in the statute.
  • Duration: Heart and Lung Act benefits can only continue so long as the employee remains temporarily disabled. Once an injury is deemed permanent, the claim typically shifts to Workers’ Compensation.

Why You Need an Attorney Experienced in BOTH Heart and Lung Act and Workers’ Compensation Claims

Many legal practitioners handle Workers’ Compensation claims. However, the Heart and Lung Act is a niche area of law that requires in-depth knowledge of the unique regulations governing public safety employees in Pennsylvania. Here are key reasons why hiring a dual-skilled attorney is essential:

  • Maximizing Your Benefits
    Failing to properly file or prove your claim under the Heart and Lung Act might limit you to Workers’ Compensation alone—resulting in lower wage benefits.
  • Coordination of Benefits
    The interplay between the Heart and Lung Act and Workers’ Compensation can be complex. An attorney who handles both types of claims can coordinate them effectively to help avoid denial, underpayment, or lengthy disputes.
  • Protecting Your Employment Rights
    If you are on Heart and Lung Act benefits for an extended period, disputes with your employer can arise over your fitness for duty or your ability to return to work. A knowledgeable attorney can safeguard your job status and ensure your rights are not violated.
  • Navigating Appeals
    When a claim is denied or benefits are prematurely terminated, you need legal counsel with the experience to represent you in appeals, administrative hearings, and possible court proceedings.
  • Special Considerations for Jail and Workhouse Employees Disabled by Violence
    Corrections officers and jail guards face unique on-the-job risks. An attorney who understands the intricacies of violent-injury claims under the Heart and Lung Act and has handled similar cases for employees working in state or county correctional facilities can build a stronger case on your behalf.

7. How Our Pennsylvania Law Firm Can Help

Our firm has a statewide practice dedicated to representing injured public safety employees, including corrections officers, jail guards, probation officers, and other enforcement agents. We understand the challenges you face when dealing with both the Heart and Lung Act and Workers’ Compensation simultaneously. Our comprehensive legal services include:

  • Free Initial Consultations: We’ll evaluate your situation, review documentation, and advise you on your best course of action.
  • Thorough Case Preparation: From gathering medical evidence to interviewing witnesses, we meticulously prepare every aspect of your claim.
  • Aggressive Representation: We advocate for your rights in negotiations with employers, insurance carriers, and government entities.
  • Appeals and Litigation: Should your claim be disputed or denied, we have the expertise to fight for you through all stages of litigation.

Contact Us Today for a Heart and Lung Act Consultation

If you are a Pennsylvania public safety employee who has been injured in the line of duty, don’t leave your benefits up to chance. Our law firm is here to protect your rights, guide you through the legal process, and help ensure you receive the full compensation you deserve under 53 P.S. § 637.

Contact us today to schedule a confidential consultation and learn how our experienced Heart and Lung Act and Workers’ Compensation attorneys can help you secure the benefits you’re rightfully entitled to. We serve clients statewide, providing unwavering commitment and personalized representation every step of the way.