In previous posts we have written about numerous Pennsylvania workers who were hurt while working. As those posts have illustrated, throughout the state injured workers may be able to obtain workers' compensation benefits after being injured in a work accident. The workers' compensation guidelines, regarding who is eligible and the compensation for which they may be eligible vary, depending on the size and type of employer.
At times the cases are fairly straightforward. Other times however, the determination can be much more complex. The latter is illustrated in a case currently before the state Supreme Court in Pittsburgh. The case they are currently considering concerns a Pennsylvania state trooper who after being involved in a "suicide by cop" incident, developed post-traumatic stress disorder.
The incident occurred in 2006 when a woman dressed in black, who was described as being mentally disturbed, appeared, out of nowhere, in front of the man's police car. The crash resulted in the death of the 28-year-old woman.
As a result of the PTSD the man sought workers' compensation benefits. A workers' compensation judge initially granted the benefits but the Commonwealth Court determined they were not appropriate since the incident occurred during what is considered an "ordinary task" for someone in that line of work. A workers' compensation appeal board agreed with that ruling before the case arrived at the Supreme Court.
The trooper's attorney has indicated that the real issue to be determined by the high court is whether anything in the profession of police officer can be considered "abnormal."
Though there are limits on who is entitled to workers' compensation benefits, anyone who has sustained an injury while working should consult a workers' compensation attorney. Doing so could be the difference between obtaining benefits and being denied.
Source: The Legal Intelligencer, "State Supreme Court grapples with police benefits," Ben Present, April 23, 2012