OTHER LAWS WHICH MAY IMPACT WORKERS’ COMPENSATION CLAIMS
This guidebook is intended to address questions which can arise during the process of a state workers’ compensation claim. However, there are a variety of other laws (both state and federal), which may affect employees who have had a work injury. A brief discussion of these laws follows:
A. The Pennsylvania Heart and Lung Act
This is a state statute which covers certain employees of government units who are injured while in the line of duty. Examples of covered workers include police officers and employees who work in state-owned nursing homes. The standard for receiving benefits under the Heart and Lung Act is somewhat different from that of the Workers’ Compensation Act and the benefits available can differ. If you think you may be covered by this law, you should raise this issue with your employer or attorney.
B. The Family and Medical Leave Act
This is a federal law which covers full-time employees (at least 25 hours a week) who work in a facility where over 50 people are employed. It permits an employee with a serious medical condition to take up to 12 weeks of unpaid leave per year to care for herself. At the end of the leave, the employer must return the employee to her same job or a similar position at the same rate of pay and benefits. This leave may be taken in shorter periods of a few days or even a few hours at a time. However, it must be directly requested by the employee and the employer can require that the employee use any accumulated sick or vacation time as part of FMLA leave.
C. The Americans With Disabilities Act
This is a federal law which covers employees whose injuries substantially limit them in performing a major life activity. There are certain disabilities which automatically qualify a person for coverage under the ADA; other disabilities are evaluated on a case-by-case basis. If the employee meets the definition of disability under the ADA and he can perform the essential functions of his job, the employer is required to make a reasonable accommodation to allow him to work. An employee can also be covered by the ADA if he is “regarded as” disabled by the employer or has a “record of” a disability, even if he does not currently have a disability. If you think your employer might be required to make an accommodation for you, you should request this from the employer and also discuss it with an attorney.
D. The Social Security Act (Disability Benefit Provisions)
This is a federal law which covers employees who are no longer able to work. There are medical and cash benefits available to those persons who meet the medical standard of full disability. If your doctor tells you that you are permanently disabled as a result of your injury, you should discuss with any attorney the possibility of filing a Social Security Disability claim. In general, these claims are more likely to be accepted once a person is over age 50; however, there are exceptions to this for very serious medical conditions.
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