A Look at the Benefits Provided by Worker’s Compensation Laws
Posted on May 7, 2012

The two questions we, as worker’s compensation attorneys, are probably asked most often are “How much is my case worth?” and “What does worker’s comp pay for?”

The first question depends very much on the specifics of each individual case, and there is no easy rule or formula to give an answer.

With the second question, we can be more helpful. Any serious workplace injury that is due to negligence by your employer or your coworkers will be covered under state worker’s compensation laws. Every business with at least one employee is required to participate in the worker’s compensation system, either by purchasing insurance or by setting aside funds to “self-insure” in case of an employee accident. The program exists to make sure that workers get a recovery after a work-related accident without having to sue their employers; indeed, the worker’s compensation program makes it impossible for you to file a personal injury lawsuit against your employer.

Three categories of recovery

Worker’s compensation benefits fall broadly into three categories. After your serious workplace injury, your employer’s comp insurance manager should pay you benefits for one or more of these areas:

Medical treatment. Emergency medical care in response to your accident on the job is just one part of this. Any legitimate medical expenses that arise because of your work-related injury should be reimbursed by worker’s compensation. This may include medical tests and imaging, physical therapy, prosthetic devices, nursing care, and even short-term hospital stays. By law, your employer has the right to select a doctor for your care, and she must approve all treatments that worker’s comp will pay for.

Temporary total disability (TTD). This phrase refers to the period of time that you are unable to work; again, your fitness to work is decided by your employer’s chose physician. While you are temporarily disabled, worker’s compensation will pay a portion of your lost wages—generally about two-thirds your average wage, capped by a maximum set by your state legislature. When the company’s doctor says that you are well enough to return to work, these benefits stop.

Permanent disability or impairment. What happens if medical science cannot make you as well as you were before the injury? When the company’s doctor decides you have improved as much as you ever will from medical care, she will indicate a less-than-perfect recovery as a permanent disability or permanent impairment. She will also note in your medical records that you have a total disability or impairment if you are unable to perform any work at all, or a partial disability or impairment if you can do some work within new physical limits.

The missing recovery category

You might have noticed that there is no compensation for pain and suffering. That lack is one of the chief ways that worker’s compensation benefits differ from a lawsuit recovery. Worker’s comp gives you money only for medical care and disability, not for other losses. But, of course, you do not have the option to file a personal injury lawsuit against your employer if you were hurt at work.

So why do I need a lawyer?

If you are happy with the benefits that the worker’s comp insurance manager offers you, and if you trust the care and medical advice you’re getting from the company’s doctor, then you don’t need a lawyer. We wish you a speedy recovery.

Unfortunately, companies too often try to cut expenses by denying worker’s compensation benefits to injured employees, or by ending those benefits early, or by ordering them back to work before they have healed, or by denying them compensation for a permanent disability. Never forget that the company’s doctor can be in error when she evaluates you. In a situation like that, it is vital to have an experienced worker’s comp lawyer at your side to demand you’re given the benefits you deserve.

Our worker’s compensation attorneys practice in Delaware, New Jersey, Pennsylvania, and West Virginia, and we are thoroughly versed in the latest changes in worker’s compensation law. We want to work with you. We don’t get any payment unless we can secure a verdict or settlement for you, so we will do our best to make the company’s insurance administrator give you the compensation your case deserves.

Use our online form or call us toll-free at 1-800-COMPNEWS (1-800-266-7639) to get a free, no-obligation review of your case. When you talk with us, ask for your FREE copy of “The Book on Comp,” a DVD and book presentation pack.

Posted in Workers Comp News

Job Safety in Pennsylvania—What’s Going Wrong?
Posted on April 23, 2012

One of the founding principles of worker’s compensation law is that a safer workplace is in everyone’s interest. Obvious, employees don’t want to suffer a serious workplace injury, but safety on the job is a good thing for the boss, too. He does not want to pay out more in worker’s compensation benefits than he has to, so having a well-run, safe workplace is a minor but justified expense.

Or at least, you would think so. Recently, employers in Pennsylvania have been trying to have it both ways. The state legislature has been remarkably complacent in cutting back the funds a business must set aside to pay for worker’s comp claims, and has even let cities raid their worker’s compensation funds for operating money. Worker’s comp adjusters continue to use their usual tricks to cut off benefits to injured workers. And the latest trend is for major businesses to trim expenses by cutting back on safety spending. The result? A number of major industries in the state have recently been cited for providing unsafe working conditions for their employees.

Pittsburgh: Tsudis Chocolate Company

Earlier this month, the Occupational Safety and Health Administration (OSHA) examined the Pittsburgh workplace of the Tsudis Chocolate Company after a worker was injured on the job. OSHA inspectors found a number of serious violations, including repeated offenses that has triggered earlier citations. As a result of the failed safety inspection in Pittsburgh, OSHA is asking for over $84,000 in fines to be imposed on the candy maker.

Mehoopany: Procter & Gamble

Late in March, a worker was critically injured in an industrial accident at the Procter & Gamble Paper Products plant in Washington Township, in Pennsylvania’s Wyoming County. The employee suffered a head injury while working on a paper making machine, and he died at the hospital. At last report, OSHA and company officials are still investigating the fatal Pennsylvania workplace accident.

Wheatland: American Cap Co.

In early April, OSHA fined the American Cap Company over $45,000 for safety violations at its facility in Pennsylvania’s Mercer County. The company manufactures compressed-gas cylinders and cylinder caps. Theresa Naim, the area OSHA director, reminded reporters that employers are legally obliged “to provide employees with safe and healthful workplaces,” but said that American Cap’s multiple lapses made a serious workplace injury or fatal accident all too likely.

Allentown: Amazon.com

In a major news story by its investigative reporting team, the Seattle Times uncovered shocking cover-ups of serious workplace injuries and lax safety standards at Amazon’s “fulfillment centers.” While Amazon touts the safety record at these combined warehouses and shipping facilities, the investigation found complaints that there was “pressure to manage injuries so they would not have to be reported to OSHA, such as attributing workplace injuries to preexisting conditions or treating wounds in a way that did not trigger federal reports.” A federal lawsuit has been filed in Pennsylvania over workplace conditions.

Your resource for workplace safety concerns

As worker’s compensation attorneys, we are appalled by how easily some businesses show their lack of concern for the wellbeing of employees. If you have been injured in a Pennsylvania workplace accident, or if you have been threatened with retaliation for reporting safety concerns, we want to hear from you. The advice of an experienced lawyer can be essential to preserving your legal rights or obtaining the benefits you deserve.

If you have a question about how to proceed with your case, call our offices toll-free at 800-266-7639 for a free, no-obligation review of your legal rights. Just for calling, we’d like to send you The Book on Comp, which will be yours to keep even if you do not hire us to represent you.

Posted in Pennsylvania Workers Comp News, Workplace Injuries

Worker’s Comp Versus Job Security: The False Choice in Pennsylvania
Posted on April 6, 2012

As worker’s compensation attorneys, we see it all too often: a sick or injured worker who is afraid to file a worker’s comp claim he fears he will lose his job. “If I say I was injured at work,” he thinks, “then my boss will just say I can’t do my job, and I’ll be canned.” So the poor fellow continues to show up for work day after day, often making his injury worse and worse.

Of course, that completely goes against the intent of the Worker’s Compensation program. The grand bargain of worker’s comp was to align the interests of labor and management together. Management would have to promise to take care of workers injured on the job, but in exchange they would no longer have to fear lawsuits from employees. So if you are injured in a workplace accident or if some routine part of your job is damaging your health, the first things you should do are to inform your employer and file a worker’s compensation claim.

Retaliatory firing: not worth worrying about

There is very little danger that your employer will fire you merely because you filed a worker’s comp claim. In the first place, any such action would be a horrible public relations move; the business would be perceived as a bull. Any company that relies on a reputation for ethical behavior with its customers would hesitate to take that step.

The second reason why you wouldn’t be fired is a little more complex. Pennsylvania is an employment-at-will state, which means that unless there is a specific contract that specifies otherwise, then a worker is free to quit his job at any time, and an employer is free to fire a worker at any time, with or without a reason. However, there are some exceptions to this: a notable one is if the firing is contrary to public policy. Firing an employee in retaliation for exercising his legal rights to claim medical benefits is a clear example of an improper termination. You would be able to sue to be reinstated in your job and to recover back pay.

The long-term risk to job security

Whether you will retain your job depends a lot on the outcome of your medical care. In many cases, proper care will be able to fix you up, and you will be able to resume your workplace duties. Even in those cases where you won’t be able to go back to your old job, many employers will work with you to find a job in their company that is within your new physical limits.

However, if you end up with a workplace disability that makes it impossible to function in your old company, your boss is not obligated to create a job for you. If you can’t perform the key functions of your job, you can be fired. This will almost certainly make you eligible for unemployment compensation, giving you time to look for a new job that is within your new capabilities. It is also possible that you may have a potential lawsuit under the Americans with Disabilities Act.

The issues of employment after a serious workplace injury are very complex and depend on the specific circumstances of each case. An experienced worker’s compensation lawyer can be essential to obtaining the benefits an injured employee deserves. If you have a question about how to proceed with your case, call our offices toll-free at 800-266-7639 for a free, no-obligation review of your legal rights. Just for calling, we’d like to send you The Book on Comp, which will be yours to keep even if you do not hire us as your legal team.

Posted in Pennsylvania Workers Comp News

What benefits can I get for my Delaware worker’s compensation claim?
Posted on March 30, 2012

This is one of the questions a Delaware worker’s comp lawyer hears most often.

If you have been injured at your workplace in Delaware, the state Worker’s Compensation Law—Title 19, Chapter 23 of the Delaware Code—exists to help you. Any business with at least one employee operating in Delaware is required to provide worker’s compensation coverage, either by buying insurance or by “self-insuring.” Workers who have job-related illnesses or injuries can apply to have some of their expenses reimbursed. In exchange, the worker is not permitted to sue his employer or coworkers for negligent acts that may have led to the injury.

Benefits available

Benefits for worker’s compensation are categorical. That means there are certain fixed categories for the compensation you can receive. Expenses outside those categories are not covered.

  • Medical services. You have a right to see your own doctor, and you are entitled to have all medically necessary services reimbursed. This can include emergency care; prescription drugs; hearing aids, crutches, prosthetic limbs, and other equipment; x-rays and other tests; nursing care; and surgery. Injuries that worsen a preexisting condition are legitimate grounds for recovery.
  • Rehabilitation. You are entitled to receive physical therapy as long as your doctors say you are showing positive benefit. Physical therapy may include chiropractic care or alternative medicine, such as acupuncture. If you are able to perform some work (even if it’s not the same job you formerly carried out), then you are entitled to vocational rehabilitation, including counseling, job placement, or short-term retraining.
  • Lost wages. If your injuries are so severe that you cannot work—at least for a while—then you can file for temporary disability benefits.
  • Disfigurement. If your Delaware workplace injury left a permanent scar, a missing limb, or some other radical change in your appearance, you may be able to seek additional compensation.
  • Permanent disability or impairment. If there is permanent damage to your arms, legs, or back, or if you suffered an amputation, you may be eligible to receive additional benefits. Permanent paralysis, such as paraplegia or quadriplegia, would also fall into this category.
  • Death benefits. A fatal workplace accident allows the employees’ family to recover compensation.

What isn’t covered

The most important omission from the categories is pain and suffering. No matter how agonizing your injuries are, you cannot recover money from worker’s compensation on that basis. Nor can you sue your boss for any additional compensation for the pain you have suffered.

Likewise, you cannot obtain compensation for most psychological distress caused by your accident. Anxiety, fear, grief, and shock are emotional states that can be causes for recovery in a personal injury lawsuit, but they are not compensated under Delaware’s worker’s compensation law.

When you need more help

The services of a Delaware worker’s comp lawyer can go a long way to make sure you are getting all the benefits you deserve. Our worker’s compensation attorneys practice in Delaware, New Jersey, Pennsylvania, and West Virginia, and we are thoroughly versed in the latest changes in worker’s comp law. We want to work with you. We don’t get any payment unless we can secure a verdict or settlement for you, so we will do our best to make the company’s insurance administrator give you the compensation your case deserves.

Use our online form or call us toll-free at 1-800-COMPNEWS (1-800-266-7639) to get a free, no-obligation review of your case. When you talk with us, ask for your FREE copy of The Book on Comp, a DVD and book presentation pack.

 

Posted in Delaware Workers Comp News

Seven Key Mistakes You Must NOT Make in Your Worker’s Comp Case
Posted on March 5, 2012

If you’ve been hurt in a workplace accident, or if you have an injury or illness caused in your office, there is a natural reaction to try to make the best of it and carry on with your job. That’s okay for trivial, papercut-level injuries. But in those cases where you’ve had a serious injury, it’s not possible to continue as usual. That’s where the workers’ compensation program kicks in.

Your company has an interest in making sure that nobody abuses the workers’ comp program through fraud. Insurance adjusters often get too aggressive, denying legitimate workers’ compensation claims and cutting off benefits too soon in order to cut costs. If you make a mistake when applying for workers’ compensation benefits, you might be cut off too.

The key mistakes to avoid

Some errors will make you ineligible to receive worker’s compensation benefits. Other errors allow the insurance adjuster in charge of your case to have your workers’ comp benefits terminated early. Injured workers who are unfamiliar with the law make these mistakes over and over. Here are seven critical mistakes that you must not make

  • It’s a mistake to fail to report your accident. Maybe your foreman wants to keep a clean safety record for his department and discourages you from filing a formal injury report. Maybe you’re embarrassed to admit you didn’t follow the company’s safety rules before the accident happened. File a formal report anyway — even if you’re pressured not to — to preserve your rights to apply for workers’ comp later. Use your company’s official reporting system, if there is one.
  • It’s a mistake to lie to the doctors. Yes, whatever you tell the doctors could potentially become evidence if you need to bring your workers’ comp case to trial. But if you don’t give medical personnel a full and accurate medical history, you won’t get the correct diagnosis. Additionally, if it’s later discovered that you lied to your doctors, that will destroy your credibility in carrying your case forward.
  • It’s a mistake if you don’t follow the doctors’ advice. Your employer has the right to know if you are following the course of treatment and therapy for your workplace injury. If you miss appointments or refuse to follow the prescribed course of treatment, your benefits can be suspended or terminated. To a judge, it will look as if you’re not serious about getting better. Plus, of course, your health won’t improve if you ignore medical advice.
  • It’s a mistake if you don’t have a job plan. You have to consider the possibility that you may not be able to return to your old job. What will you do then? Is there another job at the same company that would suit your new limits, or will you need retraining and more education to find work in another industry? You may need to work with your employer and the doctors treating you to evaluate what your future employment options are. Don’t assume it will all work out on its own.
  • It’s a mistake to trust the insurance company. The insurance adjuster is not your friend. His agenda is to pay as little as possible for your workers’ compensation benefits. He will advise you against taking actions — such as getting a second medical opinion, or consulting a lawyer — that will end up costing the insurance company money.
  • It’s a mistake to rely too much on your friends’ advice. You may know friends and co-workers who have also been through the workers’ comp process. Even so, they aren’t experts in workers’ compensation law. There is a significant risk that what they tell you may lead you astray.
  • It’s a mistake if you don’t hire a lawyer. Sure, the workers’ compensation process was originally set up to be easy to use, but a hundred years have passed since then. The insurance companies have lawyers on standby to oppose any claim they think is excessive; you’re outmatched unless you have solid legal advice on your side as well. Choose an attorney who specializes in handling workers’ comp claims, not one who deals with comp issues just a few times a year as a sideline to his regular practice.

Getting help for your workers’ compensation claim

If you have suffered a workplace injury, you need to be prepared that your workers’ compensation claim may be challenged. If the insurer denies your claim, terminates your benefits, or cuts off your medical treatment early, you need a workers comp attorney experienced in workers’ compensation to represent you. We will stop you from making the mistakes you might have made on your own.

Our workers’ compensation attorneys practice in New Jersey, Pennsylvania, and West Virginia, and we are thoroughly versed in the latest changes state workers’ comp law. We want to work with you. We don’t get any payment unless we can secure a verdict or settlement for you, so we will do our best to make the company’s insurance administrator give you the compensation your case deserves. Use our online form or call us toll-free at 1-800-COMPNEWS (1-800-266-7639) to get a free, no-obligation review of your case. When you talk with us, ask for your FREE copy of “The Book on Comp,” a DVD and book presentation pack.

Posted in Workers Comp News

New Rules of the Game: Squeezing Pennsylvania Workers’ Comp Benefits
Posted on February 20, 2012

It’s no secret that employers don’t much care for workers’ compensation. Whether your employer self-insures or hires an insurance company to administer its program, the corporate bosses see the money set aside for injured workers as their money. They see this as a dead-weight expense against the company’s bottom line. They resent paying out benefits — the benefits you may need if you’re injured on the job.

In fact, a new business has developed in recent years: management consultants who offer employers advice on how to boost their corporate profits by cutting workers’ compensation benefits. They train insurance adjusters to treat every claim as potential fraud and abuse, to fight against awarding benefits, and to terminate rehabilitation and retraining programs as quickly as possible. And, of course, lessons focus on how to convince injured workers to give up their legal rights, including the right to hire an experienced workers’ compensation attorney.

Pennsylvania changes the rules — and not in your favor

According to a recent press release distributed through the Wall Street Journal’s MarketWatch, the Pennsylvania Insurance Department has issued new rules allowing employers to cut millions of dollars from their workers’ compensation premiums. While each company will see a different level of savings, on average there will be a 5.7 percent decrease in workers’ compensation funds. Employers will get to keep $160 million that otherwise would have been paid into the workers’ compensation insurance system.

Executives and politicians are triumphant. Insurance Commissioner Mike Consedine is quoted as saying, “[I]t is a very hopeful sign that the business community may now be able to pay less in workers’ compensation insurance premiums.”

It’s true that, nationwide, costs for worker’s comp have been growing since the recent recession began. But the proper response to this is hardly to curtail the funding for benefits for injured workers in Pennsylvania. That just treats people as disposable commodities, to be thrown away when they become damaged in the workplace. It’s as morally wrong as it is a shortsighted business policy.

Getting help for your Pennsylvania workers’ compensation claim

Have you been hurt on the job? Given the new climate of opposition to workers’ compensation claims, you need to be prepared that your claim may be challenged. If the insurer denies your claim, delays your benefits, or cuts off your treatment early, you need an attorney experienced in workers’ compensation to represent you.

We want to work with you. We will expend every effort so the company’s insurance administrator gives you the compensation your case deserves. Contact a Pennsylvania workers’ comp attorney online or call us toll-free at 1-800-COMPNEWS (1-800-266-7639) to get a free, no-obligation review of your case. When you talk with us, ask for your FREE copy of “The Book on Comp,” a DVD and book presentation pack.

Posted in Pennsylvania Workers Comp News

1 In 5 Workplace Injuries Includes Damage to the Back
Posted on January 18, 2012

Studies find that the majority of back injuries are relatively minor. According to researchers at the University of Minnesota, someone suffering a workplace back injury will miss six days of work, on average. However, a significant minority of those who suffer back injuries have more serious conditions; 20 percent of injured workers are off work a month or longer. The University of Minnesota survey concludes that a quarter of all Workers’ Compensation claims involve back injuries “with an economic cost of billions of dollars to industry, without consideration of the pain, suffering and impact upon quality of life.”

Back injuries, in particular, are often troublesome issues for workers’ compensation claims.  X-rays may not show the physical damage and it can be hard to prove that the injury happened on the job. If you suffer a back injury at work, inform your supervisor as soon as possible and get medical attention promptly.  Be prepared for your claim to be challenged by making sure you keep an accurate record of your symptoms.

If you have had a back injury, and your workers’ compensation claim has been delayed or denied, we can help. If your benefits have been terminated without any good reason, we can help.  Contact a Pennsylvania workers’ comp attorney or call us toll-free at 1-800-COMPNEWS (1-800-266-7639) and let us review your case.

Posted in Workplace Injuries

Pennsylvania workplace injury in Quarryville steel plant
Posted on November 10, 2011

An industrial accident in Quarryville, Pennsylvania, has sent one worker to the hospital.

The work place accident occurred at Steel Systems Installation, 175 N. Lime Street in Quarryville. As Lancaster Online reports, a subcontractor — whose name has not been revealed — suffered a “severe, crushing leg injury” in the early morning hours of Tuesday, January 17, 2012.

Steel Systems Installation is an engineering and consulting firm for the aggregate processing industry. According to the company’s president, the subcontractor was working in a welding shop when the accident occurred. He said that other workers gave assistance to the injured man and called emergency services.

The injured worker was taken to Lancaster General Hospital. His injuries are not considered life-threatening.

Workplace injuries remain a constant risk in America. According to the U.S. Bureau of Labor Statistics (BLS), the rate of severe but nonfatal on-the-job injuries remained steady in 2010, at 118 cases per 10,000 full-time jobs. On average, an injured worker will need eight days to recover from a workplace accident. Other sources have suggested that the actual rate of job-related injuries may be double the official BLS statistics, because many accidents are simply not reported. The same review found “exceptionally high injury rates” at small companies.

If you or someone you know suffered a severe workplace injury in Pennsylvania, it’s important you act quickly to preserve your rights. Contact a Pennsylvania workers’ comp attorney or call us toll-free at 1-800-COMPNEWS (1-800-266-7639) to get a free, no-obligation review of your case.

Posted in Pennsylvania Workers Comp News

Propane Explosion Injures Pennsylvania Worker
Posted on September 15, 2010

On Sunday September 12, 2010 a GTS-Welco employee was injured when eight propone tanks exploded at the New Ford Mill Industrial Complex.  According to the Falls Fire Marshall, employees were using a forklift to move propane tanks when there was a sudden flash followed by the explosion. 

Further employee injuries were averted because firefighters worked hard to keep the other propane tanks cool so that they did not catch on fire.

If you are hurt in a Pennsylvania workplace explosion then you may be entitled to compensation.  Contact a Pennsylvania workers comp attorney for more information about your rights.

Posted in Pennsylvania Workers Comp News, Workers Comp News

How a Maryland Construction Workers Colleagues Saved His Life
Posted on September 13, 2010

On Sunday morning September 5, a construction worker was digging a trench outside of an apartment building on Walker Mill Road in District Heights, Maryland when part of the trench collapsed and the man quickly became covered in dirt.

His coworkers thought quickly and were able to dig away the dirt that surrounded his nose and mouth so that he could breathe while awaiting rescue.  Emergency workers from Prince George’s County arrived at the scene and freed the man after about two hours.

The worker’s name has not yet been released.  He was airlifted to Baltimore Shock Trauma Center following this Maryland construction accident.

Posted in Maryland Workers Comp News, Workers Comp News