Liabilty & Workers' Compensation
Philadelphia MRC (P-MRC) volunteers are activated and deployed by the PDPH in conjunction with the Philadelphia Office of Emergency Management. P-MRC volunteers activated and deployed within Pennsylvania are covered under Pennsylvania Consolidated Statues Title 35 Health and Safety (Emergency Management Services Code) Chapter 77 Section 7704.
Immunity from civil liability.
- General rule. -Neither the Commonwealth nor any political subdivision thereof nor other agencies nor, except in cases of willful misconduct, the agents, employees or representatives of any of them engaged in any emergency services activities, nor, except in cases of willful misconduct or gross negligence, any individual or other person under contract with then to provide equipment or work on a cost basis to be used in disaster relief, nor, except in cases of willful misconduct or gross negligence, any person, firm, corporation or an agent or employee of any of them engaged in disaster services activities, while complying with or attempting to comply with this part or any rule or regulation promulgated pursuant to the provisions of this part, shall be liable for the death of or any injury to persons or loss or damage to property as a result of that activity.
Pennsylvania Consolidated Statute Title 42 Chapter 83 Subchapter C 8331.
Medical good Samaritan civil immunity.
- General rule. -Any physician or any other practitioner of the healing arts or any registered nurse, licensed by any state, who happens by chance upon the scene of an emergency or who arrives on the scene of an emergency by reason of serving on an emergency call panel or similar committee of a county medical society or who is called to the scene of an emergency by the police or other duly constituted officers of a government unit or who is present when an emergency occurs and who, in good faith, renders emergency care at the scene of the emergency, shall not be liable for any civil damages as a result of any acts or omissions by such physician or practitioner or registered nurse in rendering the emergency care, except any acts or omissions intentionally designed to harm or any grossly negligent acts or omissions which result in harm to the person receiving emergency care.
- Definition. -As used in this section "good faith" shall include, but is not limited to, a reasonable opinion that the immediacy of the situation is such that the rendering of care should not be postponed until the patient is hospitalized.
Philadelphia MRC volunteers are activated and deployed by the PDPH in conjunction with the Philadelphia Office of Emergency Management. P-MRC volunteers activated and deployed within Pennsylvania by the PDPH shall be eligible for compensation for accidental injury under Pennsylvania Consolidated Statues Title 35 Health and Safety (Emergency Management Services Code) Chapter 77 section 7706.
Compensation for accidental injury
- Benefits. -All duly enrolled emergency management volunteers, and such other volunteers as the agency shall by regulation qualify, who are not eligible to receive benefits under the Workmen's Compensation Laws shall be entitled, except during a state of war or period of armed conflict within the continental limits of the United States, to the following benefits relating to injuries sustained while actually engaged in emergency management activities and services or in or en route to and from emergency management tests, drills, exercises or operations authorized by the Pennsylvania Emergency Management Agency and carried out in accordance with rules and orders promulgated and adopted by the agency:
- A sum of $20,000 for accidental injury directly causing or leading to death.
- A sum not exceeding $15,000 for reimbursement for medical and hospital expenses associated with accidental injury.
- Weekly payments of $200, not to exceed six months in duration, beginning on the eighth day of disability directly arising from accidental injury rendering the individual totally incapable of following his normal gainful pursuits.
- Source of funds. All benefits hereby authorized shall be paid out of funds appropriated to the agency. Payments shall be made on the basis of claims submitted to the agency through the Department of Labor and Industry in accordance with rules and orders promulgated and adopted by the agency.
(July 13, 1988, P.L.501, No.87, eff. imd.)