2022 Articles
Reasons for workers’ compensation denials
Workers’ compensation insurance helps cover medical expenses and lost wages for injuries sustained on the job. However, it is not unusual for insurance companies to deny a workers’ comp claim. There are various reasons for workers’ compensation denials. Depending on the reason for the denial, an employee may want to...
Continue ReadingHow employers can prevent motor vehicle accidents on the job
Motor vehicle accidents are a major cause of injuries and fatalities. Many of these crashes occur on the job. According to the Centers for Disease Control and Prevention, some of the employees involved in work-related accidents include truck drivers, those working in high-risk occupations and drivers who work in real...
Continue ReadingCómo un abogado puede ayudar en una solicitud por indemnización al trabajador
Una lesión laboral puede tener consecuencias catastróficas para el trabajador lesionado y para su familia que dependen de él para el mantenimiento financiero. El sistema legal ofrece a estos trabajadores lesionados una oportunidad de recibir beneficios para ayudarlos a cubrir los costos de su lesión mientras se sanan. Un trabajador...
Continue ReadingWhat are the warning signs of a traumatic brain injury?
A blow to the head at work can easily cause a traumatic brain injury (TBI). But whether or not you suffered a TBI is not always apparent right away. Every head injury is different. Only your doctor can diagnose you for certain. Having said that, there are symptoms of a...
Continue Reading¿Cómo paga las facturas médicas después de un accidente automovilístico?
Tiene muchas cosas que atacar si sufre lesiones en un accidente automovilístico. Además de lidiar con el tiempo libre en el trabajo, los tratamientos y el dolor, debe averiguar cómo pagar sus facturas médicas. La determinación de las entidades responsabilidades de pago de su atención médica depende de las circunstancias...
Continue ReadingWho to talk to during a workers’ comp claim
Communicating with the right people during a workers’ comp claim can give you a much better experience than you would otherwise have. It can also get you back to normal sooner. Here is who you should talk to when you are out of work due to a job-related injury. Fellow...
Continue ReadingImpulsor de la economía gig: ¿empleado o contratista independiente?
El abogado Mark R. Schmidt, especialista certificado en compensación de trabajadores, resolvió el reclamo de un conductor del condado de Delaware que supuestamente era un contratista independiente. En la nuevas “Ocupaciones”, los conductores de empresas como Lyft, Uber, Door Dash, Grub Hub, etc., son clasificados por su negocio como contratistas...
Continue ReadingWorkers’ Compensation Case Law Update: Attorney Fees and Litigation Costs
Workers’ compensation laws have gone through many changes since first established in 1915, but the ‘intent’ of the law remains the same: to pay medical bills and wage loss benefits to workers injured in the course of their job, “undiminished by the cost of litigation.” Workers’ compensation benefits are not...
Continue ReadingHow can a spinal cord injury impact your daily life?
When you first walk around after a crash or fall, you may not notice much difference in your spine or your back. As you sense more pain and see changes happen in your body, you could start to worry. Learning about spinal cord injuries and how they impact you is...
Continue ReadingWhat does the Notice of Compensation I received from the insurance company mean?
An insurance company must accept or deny an injured worker’s claim for workers’ compensation benefits within 21 days of a reported injury. There are numerous different, and confusing forms the insurance company could issue. Each Notice of Compensation has a different legal meaning and impacts your right to benefits in...
Continue ReadingCan I Get Workers’ Compensation Benefits If I Retire?
In August, 2022 the Commonwealth Court of Pennsylvania provided a detailed analysis of 30 years of court decisions addressing this question in the case of Hi Tech Flooring v. WCAB (Santucci). Generally, a claimant who has been forced into retirement as a result of a work-related injury may continue to...
Continue ReadingWhat you need to know about repetitive stress injuries
Sustaining an injury at work can be a big issue. Not only can it be physically damaging, but it can also prevent you from working. There are many different kinds of injuries that can prevent you from working. One common one is a repetitive stress injury. What causes a repetitive...
Continue ReadingWorkers’ Compensation: Case Law Updates
Timing of Appeal The Pennsylvania Workers’ Compensation Act sets forth time deadlines for filing certain documents, and a party’s right to pursue an issue may be jeopardized if the deadline is not satisfied. The WC Act also states the manner and location of filing Petitions or Appeals. The Court has...
Continue ReadingDelivery truck drivers and third-party injury claims
Like other employees, delivery drivers may receive needed benefits after a job-related injury through their employer’s workers’ compensation policy. WC allows workers to access medical coverage and payment for lost wages, regardless of whether the employee, a coworker or the employer was at fault. However, work injuries often involve the...
Continue ReadingGig economy driver: Employee or independent contractor?
Attorney Mark R. Schmidt, a Certified Workers’ Compensation Specialist, settled the Claim of a Delaware County Driver alleged to be an Independent Contractor. In the new ‘gig economy’, drivers for companies such as Lyft, Uber, Door Dash, Grub Hub (etc), are labeled by their business as an independent contractor, rather...
Continue ReadingWorkers’ compensation settlements: Fatal claim by suicide
Attorney Mark R. Schmidt, a Certified Workers’ Compensation Specialist, settled the fatal claim of a corrections officer who committed suicide at his home in Delaware County. The client was the decedent’s mother, living in Florida. Several ‘workers’ compensation lawyers’ declined the case due to a number of very difficult issues....
Continue ReadingHow do you pay medical bills after a car accident?
You have many things to address if you sustain injuries in a car accident. In addition to dealing with time off work, treatments and pain, you must figure out how to pay your medical bills. Determining the responsible entities for the payment of your medical care depends on the circumstances...
Continue ReadingWorkers’ compensation benefits and doctors: Who chooses?
Workers’ Compensation Benefits and Doctors: Who Really Chooses in Pennsylvania? Most industries come with some level of risk — from construction, where heavy machinery, busy worksites, and intensive labor pose dangers, to office work, where repetitive strain injuries are a less obvious peril. Workers’ compensation is a safeguard meant to...
Continue ReadingInjured Construction Workers, Don’t Get Taken Advantage Of By Your Employer
The Construction Workplace Misclassification Act applies to any construction – defined as a direction, reconstruction, demolition, alteration, modification, custom fabrication, building, assembling, site preparation and repair work done on any real property or premises under contract – whether or not the work is for a public body and paid for...
Continue ReadingCan an Independent Contractor receive workers’ compensation benefits?
Most lawyers will simply say ‘no’, based on the terms of the Workers’ Compensation Act. Only EMPLOYEES injured in the course of their work are entitled to benefits. At Schmidt, Kirifides, Rassias, & Rio, we take the extra time necessary to fully investigate the circumstances of your employment to determine...
Continue ReadingWhat should I tell a potential new employer, and what can they find out about my workers’ compensation claim?
When seeking a new job after your work injury has resolved, or your case has been settled, there is a difference between what is legally required to be disclosed to a new employer vs. what is “strategic.” What you must, should or may reveal varies with any given employer. There...
Continue ReadingWhat types of damage can there be in personal injury cases?
There are several types of damages that plaintiffs in a personal injury case may receive compensation for. Not every type applies to every case. What are the different types of damages? Compensatory damages There are two types of compensatory damages. Economic or special compensatory damages include damages that can be...
Continue ReadingImpairment Rating Evaluations: What you need to know
What is an Impairment Rating Evaluation, and how is it different from an Independent Medical Exam? An Impairment Rating Evaluation (I.R.E.) is very different from a typical Independent Medical Exam (I.M.E.) , and effects your right to workers’ compensation benefits in different ways. An IME is performed by a doctor...
Continue ReadingThe insurance company won’t approve my treatment. What can I do?
Opposite the usual requirement of pre-approval for medical treatment – involving private health insurance, Medicare or Medicaid – there is no pre-approval of treatment under worker’s compensation. There is also no legal requirement for the claims representative to “communicate” with a treatment provider: only that they not misrepresent the law...
Continue ReadingTraveling Employees: The Coming And Going Rule
A new decision has been handed down by the Commonwealth Court of Pennsylvania regarding injuries suffered while commuting to and from work – often referred to as “the coming and going rule.” As a general rule, injuries sustained while traveling to and from work are not covered by workers’ compensation,...
Continue ReadingHow Much Is Your Workers’ Compensation Case Worth?
One of the most common questions we hear is: “What is my workers’ comp case worth?” The truth is, every workers’ compensation case is different. From the severity of your injury to your wage rate, the insurance company, the judge, and even your employer — every factor plays a role....
Continue ReadingWill I lose my job if I claim compensation for a home injury?
Faithful workers who become hurt on the job often wonder if filing a workers’ compensation claim will lead to termination. This age-old question takes a modern spin as remote work continues to become more prevalent. Companies that provide remote work opportunities give newfound accessibility to people who might not dream...
Continue ReadingWhat is subrogation and how does it affect my workers’ compensation claim?
Subrogation is a fancy legal word describing the right of an insurance company to get money back. It can apply in several different ways in a workers’ compensation claim. If a workers’ compensation claim has been denied, and medical bills are paid by private health insurance, that insurance company has...
Continue ReadingWhat does a personal injury claim pay after a car crash?
Car crashes continue to occur, even with more people working remotely. You may become an unfortunate statistic and find yourself dealing with the fallout. Aside from filing an insurance claim against the at-fault driver, you may also have the right to pursue a personal injury claim. Discover some of the...
Continue ReadingCan I receive workers’ compensation benefits if I get injured while on break?
Workers’ compensation: The personal comfort doctrine The personal comfort doctrine applies to employees who suffer an injury during a break, or when briefly stopping their work to address a personal need (such as using the restroom, smoking a cigarette, or having a quick snack). Every case is unique based on...
Continue Reading3 Insider Tips to Start Your Pennsylvania Workers’ Comp Claim Strong
3 Insider Tips to Start Your Pennsylvania Workers’ Comp Claim Strong Filing a workers’ compensation claim can feel overwhelming if you’ve never done it before. These three starter tips won’t cover everything (for that, see our Workers’ Compensation FAQs), but they’ll help you start your claim on the right foot....
Continue ReadingSafety tips for working from home
People are working from home now more than ever. This exploding phenomenon has allowed companies to remain functional even during global crises. Most employees welcome this trend and want it to continue. Like working in an office, though, there is still a chance of injury. Taking precautions reduces the odds...
Continue ReadingWorkers’ Compensation: Attorney Fee Paid By Insurer
Lorino v. WCAB (Commonwealth of PA), No. 8 EAP 2021 (Decided 12/22/2021) On December 22, 2021, the Supreme Court of PA issued a decision that will enable many injured workers to obtain counsel to protect their rights – at the insurance company’s cost. Of note, Mark R. Schmidt was a...
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