Here is some important info about Pennsylvania’s Act 534 and the Pennsylvania Heart and Lung Act:
-An employee eligible for Pennsylvania Act 534 or Heart and Lung Benefits is entitled to full, base salary. The employer pays the salary. Work comp benefits that may be payable are either paid directly to the employer by the insurer or must be turned over by the injured worker to the employer (ie, State).
-You may have a Pennsylvania Work Comp claim but not an Act 534 or Heart & Lung Act claim. For a Heart and Lung claim to be available, the injury must occur during the performance of one’s duties. Under Act 534, the injury must be due to “an act of any inmate or any person confined in such institution.”
-You have the right to a DUE PROCESS hearing. If you are covered under the Heart and Lung Act or Act 534, you are entitled to a due process hearing if your benefits are denied or prior to any termination of benefits. The Pennsylvania Work Comp forum is very fair and organized. However, it’s our experience that the Act 534 and Heart & Lung hearings are not always as fair, and favor the employer.
-Unlike Pennsylvana Work Comp cases, there is no notice requirement (ie, a time limit imposed for informing your employer about what happened) nor a statute of limitation (a time limit for when you must file a claim) for a claim under Heart and Lung and Act 534. In Pennsylvania Work Comp cases, an injured worker has three years to file a claim or he/she is forever barred. And, under the PA Work Comp Act, if an injured worker doesn’t give notice within 120 days of the injury, or when they first believed their condition may be work-related, then the claim is barred forever.
At Cardamone Law, LLC, our attorneys have handled many Heart and Lung and Act 534 cases for our clients. Most of our clients will also be on Pennsylvania Workers’ Compensation. Remember, under the Heart & Lung Act, an employer can try to terminate your benefits by showing it’s a permanent injury. There is no such mechanism under the Pennsylvania Act 534.
For more information about the Heart and Lung Act in Pennsylvania or Act 534, call or email experienced Pennsylvania attorney Michael W. Cardamone of Cardamone Law, LLC at 215-206-9068 or Michael@Cardamonelaw.com for a free and prompt analysis of your case. Act 534 Lawyer and Heart and Lung Act Lawyer.