Legal Question in Workers Comp in Pennsylvania
who pays the bill?
As an EMT, I had carried a man down 6 flights of stairs due to an elevator not working, when i reached the bottom, i could not breathe and went to the E.R. after dropping off the patient, because i was passing out. An x-ray showed that I have emphysema, and it was aggravated due to the stress of my job. I was 2 weeks from getting my medical insurance and was wondering if workers' comp should be paying for these bills or me?
2 Answers from Attorneys
Re: who pays the bill?
Worker's comp (WC) is responsible to pay any bills related to an inury at work. If your pre-existing condition caused you to suffer symptoms while performing your work duties, WC is responsible to pay the med bills. It seems to me WC should pay your bills, at least for the ER.
Re: who pays the bill?
You may have some problems getting workers' compensation to pay the bills. While the law is that workers' compensation pays for treatment for any condition that is aggravated or precipitated by work, some insurance companies will take the position that the emphysema wasn't caused by your work and that your emphysema wasn't affected by your work related activities at all.
However, you should talk to your union or Human Relations representative to determine whether you are covered by Pennsylvania's Heart and Lung Act. I think that as an EMT you probably do if you are employed by the state or a municipality. The coverage is much more liberal for work related events under the Heart and Lung Act.
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