How Long Am I Covered Under the Heart and Lung Act?
You qualify for Pennsylvania Heart and Lung Act benefits if you belong to one of the job categories covered by the act and have suffered an injury while performing in an official capacity within that job. You will continue to get benefits as long as:
- Your injury is defined as and remains temporary.
- The injury prevents you from performing the essential duties of your workplace.
- Your employer cannot or is unwilling to restructure your work duties to accommodate your limitations.
- You continue to meet the eligibility requirements of the Pennsylvania Heart and Lung Act.
If your employer asks you to return to work in a light-duty capacity and your union or collective bargaining contract does not prevent that, your benefits will stop. If you decide to return to work on your own, your Heart and Lung Act benefits will stop.
When Can My Heart and Lung Act Benefits Stop?
Your Pennsylvania Heart and Lung Act benefits can also stop if an administrative proceeding determines you are not eligible for benefits any longer or if you show that you are no longer eligible — for example, by accepting retirement. If you are shown to be no longer disabled or if it has been shown that your injury is of indefinite duration and therefore may be permanent, you may also find your benefits terminated.
Before your rights are terminated, you will generally be subject to a due process hearing, which will explain why you are no longer eligible for benefits. You will then have a chance to respond to those allegations.
If you feel that you are not getting the Pennsylvania Heart and Lung Act benefits you deserve or if you are facing a hearing and may be losing your benefits, contact KBG Injury Law for a consultation. The attorneys at KBG Injury Law have helped thousands of injured workers and plaintiffs secure benefits for their injuries.