COVID-19, First Responders and Heart & Lung/Workers’ Compensation Benefits

Willig, Williams & Davison is privileged to represent workers who place themselves at risk each day to protect the rights of others. In times like the current COVID-19 crisis, we are reminded of the risks and sacrifices accepted by public safety workers and we are even more grateful for their service.

Over the past week, the spread of COVID-19 has caused most Americans to miss work, work remotely or otherwise practice “social distancing” in order to protect themselves, their families, and their neighbors.

Police officers, firefighters and other public safety workers do not have that luxury. But they do have the courage and dedication to continue to engage the public in contaminated environments, which significantly increases their risk to COVID-19 exposure. If they become ill due to their work, public safety workers are protected under Pennsylvania law.

COVID-19 will be a compensable condition for many groups of employees in Pennsylvania, not just public safety personnel. The Pennsylvania Worker’s Compensation Act covers injuries and illnesses that occur “within the course and scope of employment” for all Pennsylvania workers. In fact, certain groups of employees in Pennsylvania may even be entitled to a presumption that the COVID-19 virus is an “occupational disease” for their profession pursuant to the occupational disease provisions of the Workers’ Compensation law.

For police officers, firefighters and other public safety workers who are at greater risk for contracting COVID-19, the Pennsylvania Heart and Lung Act provides coverage for temporarily disabled employees injured “in the performance of their duties.” There is no doubt that the COVID-19 virus will meet the definition of a disabling injury for the Heart and Lung Act and/or Workers’ Compensation law.

To protect workers and ensure that they receive the benefits to which they are entitled, we recommend the following steps:

• Unions should notify their employers in writing that all COVID-19 related absences are to be considered as work injuries covered by the HLA and Workers Compensation laws.

• Affected workers (those who are diagnosed with COVID-19 and those who miss work due to COVID-19 symptoms) should request to be carried in injured-on-duty status for the duration of their absence, and to be provided with HLA and Workers Compensation benefits as a result of their exposure.

Whether a claim is made through the Heart and Lung Act or the Workers’ Compensation law, workers may face unique challenges when claiming benefits related to COVID-19 exposures. While many public employers are doing their best to support their public safety personnel during the COVID-19 crisis, some may seek to avoid HLA responsibility when workers miss time due to COVID-19. Those employers and their insurance carriers will vigorously defend such claims.

Because of this, it is important to be particularly vigilant when avoiding out-of-work exposures. After a claim is filed, employers will seek information about the employee’s on and off-duty activities in the weeks and months before the exposure/diagnosis. Please remember that all forms of social media can and will be used to obtain information. Employers may also seek information regarding individuals in the employee’s family who may have been exposed to, or diagnosed with, the virus. All of this will be done in an effort to establish a non-occupational cause of the illness. As a result, an employee making a claim for benefits due to COVID-19 must be prepared to show that all suggested precautions were maintained outside of work prior to the exposure/diagnosis.

We understand that these are difficult times for public safety workers. We also understand that the interplay between the Heart and Lung Act, the Workers’ Compensation Act, collective bargaining agreements and other employment laws related to disability can also be difficult. Willig, Williams and Davidson handles more occupational disease and Heart and Lung Act cases than any firm in Pennsylvania. We can help work through that process.

If you have questions concerning COVID-19 exposures, or to make a claim for Workers’ Compensation or Heart and Lung Act benefits in connection with COVID-19, please do not hesitate to contact Richard Poulson, Esq. at (215) 656-3672 or rpoulson@wwdlaw.com, or the head of our Workers’ Compensation and Heart and Lung Department, Michael G. Dryden, Esq., at (215) 656-3645 or via email at mdryden@wwdlaw.com.