Schmidt, Kirifides & Rassias Legal Blog
Mark Schmidt Presents Oral Arguments in Landmark Case Before the Pennsylvania Supreme Court
Oral argument before The Supreme Court of Pennsylvania En Banc in the case of Schmidt v. Schmidt, Kirifides & Rassias took place on November 20, 2024. The issue involved a Workers’ Compensation insurer’s responsibility to reimburse an injured worker for out of pocket costs they incur for “medicine and supplies”, such as CBD...
Continue ReadingWhat are the Different Types of Workers’ Compensation Petitions?
Understanding the different types of workers’ compensation petitions is essential for navigating the legalities of a work-related injury claim in Pennsylvania. Our experienced lawyers clarify the purpose of various petitions, including Claim Petitions, Penalty Petitions, Termination Petitions, and several others. Knowing the function of each petition can help you better...
Continue ReadingWhat is the Process for Pennsylvania Workers’ Compensation Cases?
Navigating the Pennsylvania Workers’ Compensation system can be daunting. Understanding the steps involved, from the initial petition to potential appeals, is crucial for a successful outcome. We’ll break down the process and outline the key stages and roles of the judge, the Workers Compensation Appeal Board, and the Commonwealth Court. If you’ve been...
Continue ReadingHow ‘maximum medical improvement’ impacts your workers’ comp benefits
Recent data shows that the construction industry had the highest number of fatal workplace accidents in 2022, making it one of the most dangerous industries in the United States. As a construction worker, suffering a serious work-related injury can be devastating, both physically and emotionally. Aside from this, you must...
Continue ReadingReceiving financial benefits along with workers’ compensation
Navigating the complexities of financial support after a work-related injury can be challenging. Fortunately, workers’ compensation can help cover medical expenses and lost wages. However, injured workers in Pennsylvania often wonder if they can receive additional financial benefits. Understanding potential additional benefits one can receive can help make the process...
Continue ReadingCompensación laboral: ¿puedo demandar a mi empleador?
La compensación laboral es un sistema diseñado para proteger a los empleados que sufren lesiones en el trabajo. Generalmente, este sistema impide que los empleados demanden a sus empleadores por lesiones laborales, ya que, a cambio de proporcionar seguros de compensación laboral, los empleadores están protegidos contra demandas por lesiones...
Continue ReadingBest practices for workers’ comp claims for knee injuries
Managing workers’ compensation claims for knee injuries requires careful attention to ensure timely treatment and effective recovery. Understanding some best practices can help employees navigate this process smoothly. Early reporting and documentation If you suffer a knee injury at work, report it as soon as it happens. Prompt reporting is...
Continue ReadingNavigating workers’ comp for Pennsylvania’s remote workers
Remote work has become more common everywhere. Many people now work from home due to advancements in technology and changes in workplace culture. This shift offers benefits like flexible hours and no commute. However, it also brings new challenges, especially regarding workplace safety and injuries. Understanding telecommuting injuries Telecommuting injuries...
Continue ReadingWhat to do if your workers’ compensation payments stop early
If your workers’ compensation payments stop before you’re ready to return to work, it can be stressful. Understanding your rights and the steps you can take is crucial. Contact your employer and insurance company Reach out to your employer and the workers’ compensation insurance company. Ask for an explanation and...
Continue Reading5 injuries healthcare employees are most prone to
Nurses and other healthcare professionals tirelessly dedicate themselves to healing others. However, this does not make them immune to dangers. If anything, being on their feet all day long caring for their patients can often mean exposure to a higher risk of injuries. More at risk than many other industries...
Continue Reading¿Pueden despedirme por solicitar una compensación laboral?
Las víctimas de lesiones o enfermedades relacionadas con la actividad laboral tienen la posibilidad de solicitar una compensación. El beneficio se establece en las leyes y estatutos de cada estado. Sin embargo, para reclamar una indemnización los trabajadores deben iniciar una solicitud e informar a sus empleadores. En algunos casos,...
Continue ReadingAnkle injuries and workers’ compensation
Ankle injuries are common in the workplace and can impact an employee’s ability to perform their job. These injuries can occur in various settings, from construction sites to office environments. Understanding their implications is crucial for both employees and employers. Types of ankle injuries Ankle injuries range from minor sprains...
Continue Reading4 reasons workers’ comp may deny your claim
In Pennsylvania, navigating the workers’ compensation system is complex and frustrating. It becomes more challenging when your claim gets denied. Understanding the common reasons for denial can help you address potential issues proactively and improve your chances of a successful claim. 1. Late reporting Timeliness is everything in workers’ compensation...
Continue ReadingHow can defective tools cause injuries at work?
Workplaces often rely on a variety of tools to get tasks done efficiently. However, when these tools are defective, they can cause serious injuries to workers. Understanding how defective tools contribute to workplace injuries is important for everyone. Instances of malfunction Defective tools can break or malfunction while in use....
Continue ReadingLas 5 lesiones de trabajo más comunes en Pensilvania
Las lesiones laborales suelen traer consecuencias devastadoras para los trabajadores de Pensilvania. En la mayoría de los casos, un accidente de trabajo conlleva heridas, golpes y traumatismos que incluso pueden volverse crónicos y permanecer a largo plazo. Además, los incidentes generan un gasto inesperado en salud para las víctimas. Visitas...
Continue ReadingHow can a concussion at work lead to workers’ compensation?
A stereotype surrounds concussions, making them out to be minor injuries. In reality, concussions can have significant repercussions, including in the workplace. They can affect job performance and lead to workers’ compensation. The nature of concussions A concussion is a type of traumatic brain injury caused by a blow or...
Continue ReadingReclamo de compensación laboral denegado: ¿qué hacer?
Desarrollar una enfermedad o lastimarse como resultado de la jornada laboral es una situación lamentable. Ya sea por cargar demasiado peso, pasar muchas horas en alguna postura dañina, sufrir un accidente de trabajo o incluso manipular material peligroso, las lesiones laborales son una realidad. La mayoría de los sitios de...
Continue ReadingHow do sinkholes on construction sites lead to work injuries?
Sinkholes are a problem construction workers may not think about much. However, when these holes appear on construction sites, they could lead to severe work injuries. Understanding how sinkholes form and the risks they pose can help keep workers safe. Discovering sinkholes Sinkholes form when the ground beneath the surface...
Continue ReadingReturning to work after a workplace injury
Returning to work after a workplace injury can be challenging. Knowing your rights in Pennsylvania helps, because it better ensures a smooth transition and protects your job. If you need to file for workers’ compensation, it is important to understand how the law protects you after a workplace injury. Workers’...
Continue Reading3 ways a pre-existing condition affects a workers’ comp claim
When you suffer an injury at work, you may qualify for workers’ compensation benefits to cover your medical expenses and lost wages. However, if you have a pre-existing condition, it can complicate your claim. There are several ways that a pre-existing condition can affect the outcome of a workers’ compensation...
Continue ReadingMi jefe me obligó a renunciar tras lastimarme ¿Qué hacer?
Si su empleador lo trató de manera injusta después de lastimarse en el trabajo y tuvo que renunciar, o incluso fue despedido de su empleo, debe saber que esto es ilegal. Ahora usted no sólo tiene que preocuparse por recuperarse sino también por su futuro. Considere los pasos que puede...
Continue ReadingUnderstanding workers’ compensation for eye injuries at work
Workers’ compensation is a system designed to help employees who suffer injuries while on the job. It provides medical benefits and wage replacement without the need for lengthy court disputes. If you have sustained an eye injury at work, it is important to understand how workers’ compensation functions. How to...
Continue Reading¿Cuál es el plazo para obtener una compensación laboral en Pensilvania?
Si usted ha sufrido un accidente en el trabajo o ha contraído una enfermedad relacionada con su área laboral puede obtener una compensación económica, según las leyes estatales. De acuerdo con la Ley de Indemnización por Accidentes de Trabajo de Pensilvania, las víctimas deben recibir la cobertura de sus gastos...
Continue ReadingHow can hearing loss happen in the workplace?
Hearing loss is a common workplace concern. In fact, it affects many individuals across various industries. Understanding how hearing loss occurs in work environments is important for promoting safety. Continual exposure to loud noise One of the causes of hearing loss in the workplace is exposure to loud noise. Industries...
Continue ReadingUnderstanding the workers’ compensation process in Pennsylvania
Navigating the workers’ compensation system in Pennsylvania can seem complex, especially if you’re dealing with it for the first time. Workers’ compensation is a program designed to help employees who get injured or sick because of their job. It provides them with financial benefits like covering medical expenses and replacing...
Continue ReadingCan you get pain and suffering in PA workers’ compensation?
Workers’ compensation in Pennsylvania operates under a no-fault system. This means injured workers can get benefits regardless of fault. These benefits typically cover medical expenses, lost wages and vocational rehabilitation if necessary. However, when it comes to pain and suffering, the landscape is different. Pennsylvania does not allow awards specifically...
Continue Reading¿Lesionado en el trabajo? Las 4 medidas inmediatas que debe tomar
Para alguien que sufre una lesión en el trabajo, es esencial que actúe de manera rápida y adecuada. Lo que hace en los primeros días después de su accidente puede afectar la validez y el éxito de su reclamo de compensación laboral. Si usted ha sufrido una lesión laboral en...
Continue ReadingProving an injury was work-related while working from home
Working from home has become increasingly common in today’s workforce. However, it brings its own set of challenges, including the potential for work-related injuries. When an injury occurs while working remotely, it can be difficult to prove that it is, in fact, related to work. However, there are steps you...
Continue ReadingCommon injuries that affect warehouse workers
Warehouse work can be physically demanding. It poses various risks to the health and safety of employees. Understanding these common injuries is important for accident prevention and navigating workers’ compensation. Slip and fall injuries Slip and fall accidents are among the most prevalent in warehouses. Spills, wet floors, loose cables...
Continue Reading4 ways that an employer or insurer tries to dodge workers’ comp
In Pennsylvania, many workers rely on workers’ compensation for benefits such as medical coverage and wage replacement. However, workers sometimes face resistance from employers and insurance companies. They may use various tactics to dodge their obligation to pay workers’ compensation claims. 1. Misclassify employment status Employers may misclassify employees as...
Continue ReadingFAQs about workers’ compensation in Pennsylvania
Workers’ compensation supports employees who suffer from work-related injuries or illnesses in Pennsylvania. It ensures that workers receive medical care and compensation for lost wages due to their inability to work. Navigating the workers’ compensation process can be complex for both employers and employees. Understanding the basics of how this...
Continue ReadingSubtle signs of spinal cord injuries and possible treatments
Spinal cord injuries can have lasting effects on your mobility and overall well-being. Such severe wounds are more common on job sites, where an employer or even a third party could be responsible. While paralysis is a common indicator of spinal cord damage, there are other signs to be aware...
Continue ReadingWhy female construction workers face additional safety challenges
Construction sites can be exciting and active, with workers collaborating to build structures that shape our cities. However, for female workers, these sites may pose unique challenges that bring an increased risk of injuries. Understanding these factors is key to creating safer work environments for everyone. Lack of gender-specific equipment...
Continue ReadingDo mental illnesses qualify workers for workers’ compensation?
All jobs come with a certain level of risk, some more than others. Workers’ compensation exists to help employees who sustain injuries or illnesses while performing their work duties. Physical dangers are not all employees face; they may also develop mental illnesses, such as anxiety or depression, directly or indirectly...
Continue ReadingLa diferencia entre compensación laboral y reclamos por lesiones personales en Pensilvania
Es común que surjan dudas acerca de las diferencias entre la compensación por accidentes laborales y los reclamos por lesiones personales. Aunque ambos buscan compensar a la víctima por el daño que sufrió, existen diferencias importantes en el proceso y en el propósito de cada reclamo. Usted, como trabajador lesionado,...
Continue ReadingNeedlestick injuries may lead to serious infections
Health care workers face numerous occupational hazards in their line of duty. The risk of needlestick injuries is among them. These injuries occur when a sharp medical object, such as a needle or syringe, accidentally punctures the skin. Beyond the immediate pain and discomfort, needlestick injuries can lead to serious...
Continue ReadingIs my employer in compliance with workers’ comp rules?
Employers in Pennsylvania have a responsibility to ensure the safety and well-being of their employees while on the job. One crucial aspect of this responsibility is providing workers’ compensation insurance coverage. Workers’ compensation is a type of insurance that provides benefits to employees who experience an injury or illness as...
Continue ReadingMore than 70% of nurses experience chronic low back pain
Nurses face a significant occupational hazard: chronic low back pain. The demanding nature of their work, coupled with long hours and challenging work environments, predisposes them to this debilitating condition. Understanding the factors contributing to nurses’ susceptibility to chronic low back pain is necessary to address this prevalent issue. Physical...
Continue ReadingAssaults of nurses an ongoing problem in health care
Nurses play a key role in providing health care and support to patients, but many of them also experience physical assaults on the job. These assaults can have serious consequences for nurses’ physical and emotional well-being, as well as their ability to deliver quality care. Understanding the prevalence and impact...
Continue ReadingWhat long-term health complications can electrocution lead to?
Electricity is a powerful force that fuels much of the modern world, but it can also pose serious risks, especially when accidents at work happen. Electrocution is a frightening possibility for employees in situations involving exposed wiring or faulty appliances. While immediate injuries from electrocution are often apparent, long-term health...
Continue Reading6 types of injuries you may receive when working from home
In the modern era of remote work, many employees find themselves operating from the comfort of their homes. While this arrangement offers flexibility, it also brings forth unique challenges, including the risk of work-related injuries. In some cases, you qualify for workers’ compensation if you receive an injury at home...
Continue ReadingCommon workplace injuries when working with chemicals
Working with chemicals in the manufacturing industry involves handling various substances and operating complex machinery. Your responsibilities in the process are integral in producing essential materials. However, the work environment poses inherent risks that can lead to injuries. You should be aware of some common injuries from exposure to chemicals....
Continue ReadingSurprising injuries that can happen to office workers
While people often associate workplace injuries with industries like construction or manufacturing, the office environment is not immune to its share of surprising mishaps. Although offices may appear much safer than outdoor work sites, surprises lurk in unexpected corners. Both employees and employers should be aware of potential hazards. Trips...
Continue ReadingSigns your boss is retaliating after a workers comp claim
Pennsylvania’s hardworking spirit fuels its economy, but unfortunately, workplace injuries can happen even in the most diligent environments. When your job leaves you hurt, filing for workers’ compensation is your right. However, whispers of fear sometimes arise: “What if my employer retaliates?” Retaliation for filing a legitimate claim is illegal,...
Continue Reading5 reasons people injure joints at work
In the bustling environment of the workplace, it is not uncommon for employees to experience joint injuries that can lead to discomfort and reduced productivity. The World Health Organization estimates that one-third of workplace injuries involve a joint such as the ankle or knee. Understanding the reasons behind these injuries...
Continue Reading¿Realmente no puedo perder mi trabajo si reporto mi lesión laboral?
Si usted ha sufrido una lesión en el trabajo, es natural sentir preocupación acerca de las posibles repercusiones al reportar el incidente o al solicitar los beneficios de indemnización al trabajador. Sin embargo, es importante que conozca sus derechos. Las leyes federales y las de Pensilvania están diseñadas para protegerlo...
Continue ReadingGetting workers’ compensation with a pre-existing condition
One of the biggest challenges that workers face with a workers’ compensation claim is the presence of a pre-existing condition. The insurance carrier might deny the claim with an assertion that the pre-existing condition caused the situation. Before you file your workers’ compensation claim, there are a few things that...
Continue ReadingDo you have low-back strains and sprains from your job?
Dealing with an acute low-back strain or sprain can be challenging. You may want to pursue a workers’ compensation claim if you have a back injury from your job. Understanding the process and your rights helps you receive the support you need during your recovery. Recognizing the signs Symptoms of...
Continue ReadingOffice workers are at risk of developing carpal tunnel syndrome
Office workers spend a significant portion of their day engaged in computer-related tasks while seated at desks. While their jobs do not involve the same amount of physical exertion as some positions, they are still at risk of sustaining injuries. Sitting for extended periods in an uncomfortable position can do...
Continue ReadingAre employers held responsible for company car accidents?
A common “perk” by many employers is to provide their staff with company cars. However, that convenience can become catastrophic when an accident occurs. Employees could be responsible for damages should a collision with another motor vehicle occur. Employers throughout the United States pay out approximately 25 billion dollars for...
Continue Reading3 key elements of a third-party workplace injury claim
Work-related injuries can be complex, especially when they involve third parties. The success of a third-party work-related injury case often hinges on key elements. 1. Eyewitness accounts Eyewitness testimony from coworkers or bystanders who observed the incident can greatly enhance the credibility of your case. Witness statements can help fill...
Continue ReadingWhy is my workers’ compensation not paying me?
If you are wondering why your workers’ compensation is not paying you as expected, there could be several reasons behind this situation. The bottom line, though, is that you deserve compensation for your workplace injury. You can make sure you get what you deserve by understanding the common challenges that...
Continue ReadingMore than a quarter of truck driver injuries involve the arms
Commercial truck drivers keep goods moving, covering vast distances to ensure timely deliveries. Amidst their demanding schedules, drivers often face physical challenges, and an ongoing area of concern is the prevalence of arm injuries. The repetitive nature of tasks like steering, shifting gears and lifting cargo can lead to strains...
Continue Reading4 tips to strengthen workers’ compensation lawsuit
From sprained ankles and back pain to accidental needle pricks, thousands of American workers get hurt on the job each year. You should receive compensation for your medical expenses if the injury occurred on the job site. According to the National Council of Compensation Insurance, companies paid an average of...
Continue ReadingElements of a third-party work injury claim
The National Safety Council reported that 152,581 workers suffered work accidents that led to death or injury in 2021. Some of these instances may have involved third-party responsibility. A third-party work injury claim falls outside workers’ compensation. Understanding the elements of such a claim is important for all parties. Third-party...
Continue ReadingHow can unwanted needle pricks affect healthcare workers?
The threat of unwanted needle pricks casts a looming shadow over the practitioners dedicated to healing. Beyond the physical pain, these injuries pose a severe risk of infections and complications. Delving into the issues and serious health concerns that can stem from needle pricks among healthcare professionals can help them...
Continue ReadingCómo las lesiones en el trabajo afectan las articulaciones
Las lesiones en el trabajo tienen un impacto en la salud de los empleados, y los efectos negativos no siempre son evidentes de inmediato. Después de un accidente laboral, es posible que la persona no experimente gran dolor y lo descarte. Sin embargo, es importante comprender que el daño a...
Continue ReadingConcussions at work and workers’ compensation
Concussions are not just a concern for athletes on the field; they can also occur in the workplace. When a worker sustains a concussion on the job, it raises questions about workers’ compensation and how to navigate the process. You should understand what happens when concussions happen at work and...
Continue ReadingHow should you document a workplace injury?
After you get injured at work, you may want to obtain workers’ compensation benefits. These benefits can help you recover by providing compensation for medical care, rehabilitation, lost wages and more. Part of submitting a successful workers’ compensation claim involves providing enough documentation. Following the workplace accident, there are steps...
Continue Reading5 workplace injury trends
In the ever-evolving landscape of the modern workplace, employees need to remain vigilant about emerging trends in workplace injuries. Staying informed about potential hazards helps ensure safety and well-being. 1. Remote work-related strains With the rise of remote work, employees are facing new challenges. Prolonged computer use can lead to...
Continue ReadingWhat happens after a work-related auto accident?
Work-related auto accidents can result in serious physical injuries as well as emotional distress. In this situation, you may have questions about who pays your medical bills and when you can return to work. Knowing the right process to follow can help you get the medical and financial support you...
Continue ReadingLesiones más comunes: por qué debe cuidar su espalda
La espalda suele ser la víctima de las rutinas diarias en el lugar de trabajo. Es fácil pasar ignorar su importancia. Sin embargo, las lesiones en la espalda son más comunes de lo que pensamos y pueden surgir de situaciones inesperadas. A continuación, compartiremos algunas de las causas comunes de...
Continue ReadingWhat are some serious injuries commercial painters face?
Commercial painting is far from being a walk in the park. The life of a commercial painter is fraught with challenges, not the least of which are the serious injuries they face on a regular basis. Learning about some of the most common and severe injuries that commercial painters encounter...
Continue Reading4 mistakes to avoid when filing a worker’s compensation claim
When it comes to filing a workers’ compensation claim in Pennsylvania, avoiding common mistakes is important to ensure you receive the benefits you deserve. The workers’ compensation system provides financial support to employees who suffer work-related injuries or illnesses. However, navigating the process can be tricky, and making mistakes can...
Continue ReadingHow injured workers can pick a doctor shortly after an injury
If you get hurt while on the job in Pennsylvania, the state workers’ compensation system covers your medical bills, provided you utilize the system properly. This includes choosing a doctor from an employer-provided panel of physicians in the first 90 days following the injury. However, certain exceptions may broaden your...
Continue Reading¿Qué son las lesiones por esfuerzo repetitivo en el trabajo?
En el ajetreo de nuestra vida diaria, podemos ignorar a un culpable silencioso que acecha nuestro lugar de trabajo: las lesiones repetitivas. Estas lesiones, que abarcan una serie de problemas como el dolor de cuello y espalda, el malestar en los tobillos, la molestia en las rodillas, la tensión en...
Continue ReadingWhat are common work-related neck injuries?
Work-related neck injuries are common across a variety of industries, including manufacturing, construction and office work. Neck injuries can occur due to accidents, poor ergonomics and heavy lifting. While neck pain affects about 27 out of 1,000 people, if your neck pain stems from work-related injuries, you may be eligible...
Continue ReadingConsequences of a workplace spinal injury
Whether you fall from scaffolding or suffer an injury in an equipment accident, spinal injuries on the job often have far-reaching consequences. When you file workers’ compensation for the injury, you should understand the long-term challenges of this type of injury. Chronic pain Spinal injuries often lead to chronic pain...
Continue Reading4 common myths about workers’ compensation
If you get hurt while at work, you may become eligible to receive benefits through the workers’ compensation system. This system provides specific benefits to help injured workers recover from their injuries and return to work. When it comes to workplace injuries, there are several misconceptions that can cloud your...
Continue ReadingCan you work while receiving workers’ comp?
If you suffered an injury on the job in Pennsylvania, you might be eligible to receive workers’ compensation benefits. These benefits provide financial relief for medical expenses and lost wages due to your inability to work. But what happens if you feel well enough to return to work or take...
Continue ReadingWhat is the difference between total and partial disability benefits?
When you receive workers’ compensation benefits, you will fall into one of two categories. Your injuries will either qualify you for total disability or partial disability. Understanding these categories is essential as it will affect your benefits and other aspects of your claim. Partial disability status If you receive the...
Continue ReadingEl factor que más contribuye a un trabajo con alta probabilidad de una lesión laboral
No es una gran sorpresa que hay algunos trabajos que son mucho más peligrosos que otros. Las lesiones laborales pueden ocurrir en cualquier sector y posición – pero hay algunos factores que resultan en un nivel elevado de peligro respeto a otros ambientes laborales. Los trabajadores que corren mayor riesgo...
Continue ReadingCan you negotiate workers’ compensation payment in Pennsylvania?
When you suffer an injury at work, many thoughts and worries can flood your mind. How will you cover medical bills? What about lost wages? Fortunately, workers’ compensation exists to ease some of these burdens. This system provides injured employees with essential benefits, such as covering medical expenses and compensating...
Continue ReadingCan your employer deny your workers’ compensation claim?
Workers’ compensation is a helpful tool when you suffer a work-related injury that leaves you unable to do your job. However, there might be reasons that your employer denies your claim. Knowing what factors could influence how your employer views your claim can help you prevent mistakes that could jeopardize...
Continue ReadingHotel housekeepers have the most dangerous service-industry job
Pennsylvania hotel workers face a high risk of injury, in general, but research shows that hotel housekeepers are especially at risk of suffering a serious work-related injury. This is due in large part to the highly physical nature of housekeeping work, which requires workers to spend considerable time lifting heavy...
Continue ReadingHow can you get hurt on a scaffold?
Being aware of how dangerous scaffolds are can help you as you continue to work. There are a variety of ways that scaffolds can put you in danger, either because of the construction process or the coworkers on them with you. Learning about how this kind of accident happens is...
Continue ReadingSi recibo la indemnización al trabajador, ¿no puedo demandar a mi empleador?
Por suerte, un trabajador que sufre una lesión devastadora mientras lleva a cabo sus deberes laborales tiene mucho apoyo financiero y muchas opciones disponibles. En primer lugar, tiene la opción de solicitar los beneficios de la indemnización al trabajador para cubrir facturas médicas, recibir una porción de su sueldo, y...
Continue ReadingHow does the severity of your injury impact your workers’ comp
According to the Pennsylvania Department of Labor & Industry, roughly 40,000 workers apply for workers’ compensation benefits each year. If you have suffered a workplace injury in Pennsylvania, you are likely dealing with medical bills, lost wages and the overall distress associated with the injury. The workers’ compensation process can...
Continue ReadingWhen can I choose my own doctor to treat a work injury?
A prime benefit of the workers’ compensation system is the coverage you can get for your medical treatment costs following a work injury. However, you might not get compensation if you visit any doctor you choose. It depends on the situation. Workplaces that offer workers’ comp must post a list...
Continue ReadingHow to better prevent a Pennsylvania workers’ comp claim denial
When an accident happens at work in Pennsylvania, you might assume that workers’ compensation benefits will cover your medical expenses and lost wages. However, not all claims get approved. A denial can leave you facing significant costs. Being aware of the common reasons for denials and knowing how to properly...
Continue ReadingSigns of an underlying injury you should never ignore
Incidents at work happen, even if you take all of the necessary safety precautions. Construction is a dangerous industry due to the higher probability of accidents. You may not give much thought to a trip and fall or a knock on the head. However, you should start paying attention to...
Continue ReadingWhat should injured workers know about workers’ comp?
When you go to work for the day, you may not anticipate getting hurt and incurring injuries that affect your ability to go back to work and live a normal daily life. But this happens to many workers on a regular basis. According to the Pennsylvania Department of Labor &...
Continue ReadingDo undocumented workers qualify for workers’ comp in PA?
The topic of workers’ compensation for undocumented workers often sparks intense debate in many states. In Pennsylvania, the issue is no different. Pennsylvania is home to a large number of undocumented workers who contribute to various sectors of the economy. It is important, therefore, to understand their rights, especially concerning...
Continue Reading4 types of common workplace accidents servers encounter
Working as a server in the restaurant industry can be a challenging job with a unique set of hazards. Long hours on their feet, a fast-paced environment and frequent interactions with kitchen equipment and hot foods can lead to an array of potential accidents for servers. To ensure a safer...
Continue ReadingCómo saber si su despido fue vindicativo (e ilegal)
Como trabajador en los Estados Unidos, usted tiene el derecho de solicitar los beneficios de la indemnización al trabajador si sufre una lesión laboral mientras está cumpliendo con sus deberes laborales. Por ley, su empleador no puede despedirlo por solicitar estos beneficios o por tomar días libres del trabajo mientras...
Continue ReadingThe mental toll of workplace injuries
If you become hurt while working, you could struggle with a number of physical and financial difficulties. From lost wages and hospital bills to immobilization and severe pain, these challenges can make daily life very hard. However, you should also focus on your mental health in the wake of a...
Continue ReadingWorkers’ compensation for home-based employees in Pennsylvania
In the modern work environment, the concept of the workplace has evolved, with more Pennsylvania workers operating from their homes. With this evolution comes the question of worker protection, particularly in the context of workers’ compensation. Workers’ compensation laws in Pennsylvania protect workers, offering them financial benefits if they suffer...
Continue ReadingVital safety measures for construction workers
Construction sites present various hazards that require construction workers to prioritize their safety at all times. By following established safety protocols and adopting proactive measures, construction workers can significantly reduce the risk of accidents and injuries. Here are some strategies and precautions that can help ensure the safety of construction...
Continue ReadingWhat are repetitive strain injuries?
Workers have likely heard of workplace injuries before, but many think of catastrophic injuries when they hear this term. However, simple workplace injuries also exist, such as back strain or repetitive stress injuries. These also allow for a worker to potentially receive benefits. Defining an RSI Cleveland Clinic takes a...
Continue ReadingHow might a catastrophic injury impact your life?
The hallmark of catastrophic injuries is that they change your life, usually long-term. These injuries may include everything from a traumatic brain injury to paralysis. The changes to your body are only one part of how such an injury will impact your life. Healing and learning to cope are just...
Continue ReadingWhat is an impairment rating evaluation?
Workplace injuries can result in varying levels of disability for workers. Insurance companies often require a medical evaluation to determine how much a worker’s injury impairs their ability to perform various functions. This evaluation is an Impairment Rating Evaluation. Who conducts an IRE? When an insurance company requests an IRE,...
Continue ReadingLos síntomas tardíos – y por qué debe actuar cuanto antes después de un accidente
Casi todos los trabajadores saben que tienen la opción de solicitar los beneficios de la indemnización al trabajador si sufren un accidente laboral que los deja con una lesión severa que no los permite trabajar por un tiempo. Pero a veces un trabajador sufre un accidente laboral, o la exposición...
Continue ReadingCourt rules workers’ comp must cover cost of medical marijuana
Marijuana is becoming an increasingly popular option for treating pain, particularly as concerns about the opioid crisis escalate. However, some employers and workers’ compensation insurance providers refused to pay for the cost of medical marijuana as part of a workers’ compensation claim. The Commonwealth Court ruled that workers’ compensation must...
Continue ReadingWhat is a third-party work injury claim?
Most work injuries are straightforward. They occur between you and your employer, with your employer’s workers’ compensation insurer handling the claim. You will not go to court. The workers’ compensation system will handle the full case. However, there are some occasions where there is a third party who is liable...
Continue Reading3 FAQs about permanent total disability benefits
While some workplace injuries heal quickly, others may result in a life-altering change. If an injury leads to the inability to work, the state ensures that victims have rights through workers’ compensation laws. People who sustain permanent injuries often have questions about what those rights mean. 1. How does the...
Continue ReadingWhat are possible reasons to deny a workers’ comp claim?
Making sure you receive workers’ compensation to cover your medical bills after a work accident is an important priority. Unfortunately, insurers for a workplace do not always approve a claim. If you wonder why an insurance company would deny you coverage, the Pennsylvania Department of Labor and Industry lists some...
Continue ReadingWhat types of damage exist in personal injury cases?
In any personal injury case, plaintiffs may receive several different types of compensation in damages. Each case will have unique claims, with damages differing from instance to instance. Compensatory Pennsylvania State Legislature discusses compensatory damages. Generally speaking, in the state, these damages do not hit a cap unless it involves...
Continue ReadingWorkers’ compensation timelines
When you are dealing with injuries, you probably feel that everything in your claim should happen as soon as possible. After all, you have pain, bills and a lot more complexity than normal in your life. Unfortunately, employers and insurance companies do not always have the same goals. Knowing the...
Continue Reading¿Cuáles beneficios puedo recibir – y por cuánto tiempo – para una lesión laboral?
Es probable que su lesión laboral cambió su vida radicalmente. De un momento al otro, se afrontó con muchísimos nuevos problemas que nunca pensaba que iba a tener que afrontar en su vida. Con estos problemas vienen múltiples nuevas preguntas también. ¿Qué puedo pedir como beneficios de la indemnización al...
Continue ReadingHow can a spotter stop work injuries?
Working in a manufacturing environment can come with a lot of risks for injuries. Staying alert and following safety protocols is not always enough to stop an accident. There is one solution that has proven to be quite effective at helping to avoid incidents. Spotters are workers who watch over...
Continue ReadingMedical Marijuana Approved For Workers’ Compensation
On March 17, 2023, the Commonwealth Court of Pennsylvania issued two decisions ordering a workers’ compensation insurance company to reimburse the injured workers’ cost to obtain medical marijuana. The Pennsylvania Workers’ Compensation Act requires an insurer to pay for “reasonable medicines and supplies… as and when needed” (emphasis by the...
Continue ReadingAre workers’ compensation benefits taxable?
How about the interest or penalties? It is well recognized that workers’ compensation benefits are not subject to income taxes. However, some insurance companies issue 1099 forms and/or report as taxable the award of interest and penalties to the state or Federal government. The issue is still subject to debate,...
Continue ReadingWhat is return-to-work?
When you enter the workers’ compensation system, the ultimate goal is to get you back to work. The return-to-work approach is part of the process of providing you with all the support you need to rehabilitate and return to your job. Return-to-work has the support of medical professionals and others...
Continue ReadingWhat injuries are healthcare workers at risk for?
Working in a healthcare facility may tax workers in many ways. The mental and physical toll it can take can leave a worker with injuries that need monitoring and attention. Healthcare workers are at risk for painful injuries and lingering illness. Find out more about what risks present themselves to...
Continue Reading¿Qué significa la “negligencia” en el contexto legal?
Todos saben que, si una persona actúa con una falta de prudencia, y alguien más sufre una lesión como resultado de su descuidado, que le deben una indemnización a la víctima lesionada. Pero, entrando en detalles, ¿qué significa esto para un demandante que quiere responsabilizar a la parte que causó...
Continue ReadingRemote work, a kitchen table injury and workers’ compensation
Many companies now allow some if not all of their employees to work remotely even though employers have no control over the work environment of a home as compared to the office. So, if a remote employee sustains an injury while working at the kitchen table, for example, does the...
Continue ReadingAre you at risk of an overuse injury?
Almost every worker out there, including you, faces the potential risk of overuse injury. No matter the trade, occupation, or status of the worker, these risks exist everywhere. But what exactly are overuse injuries in the first place? At-risk groups of workers Mayo Clinic takes a look at overuse injuries....
Continue ReadingHow long do workers’ compensation cases take?
Workers who have occupation-related medical issues deserve support. Workers’ compensation benefits exist to help employees who experience injury or harm on the job. If you have workplace injuries or health conditions, you can benefit from learning about the process and timeline for obtaining workers’ compensation. Filing your claim In general,...
Continue ReadingWhich employers must offer workers’ compensation insurance?
When workers suffer from injuries on the job, workers’ compensation ensures they receive the financial support they need until they are able to work again. However, this insurance coverage also benefits employers by reducing their liability risk. As a result, most employers in Pennsylvania must carry this insurance. It also...
Continue ReadingWhen may workers sue for falling in a parking lot?
Pennsylvania workers’ compensation claims cover medical expenses for falling while performing normal work-related tasks. If you fall in an employer’s parking lot, however, workers’ comp may not cover you, as noted by the Society for Human Resource Management. Claims based on falls on sidewalks, common areas or parking lots may...
Continue ReadingLas razones más comunes por las que se niegan solicitudes de beneficios
Para un trabajador lesionado, los beneficios de la indemnización al trabajador son esenciales. Estos beneficios sirven para cubrir los gastos médicos del trabajador y ayudarlo a sostener a su familia en el período difícil en que no puede trabajar o ganar un sueldo. Por eso es tan devastador cuando se...
Continue Reading3 types of lifting injuries
Many types of employment across many fields include lifting heavy objects and people, which can lead to painful injuries for the employees who suffer them. The National Safety Council notes that more than 250,000 workers experienced injuries related to lifting in 2020. Some types of lifting injuries occur due to...
Continue ReadingTuve un accidente en el trabajo, pero me dicen que soy contratista independiente
Comenzar con un nuevo empleo en la industria de la construcción puede ser un poco confuso. Sin embargo, un factor muy importante a considerar es su estatus como trabajador, pues le afectará al momento de solicitar y poder tener acceso a los beneficios que ofrece el seguro de compensación para...
Continue ReadingTruckers are vulnerable to these 3 common kinds of injuries
The trucking life can be a hard one. Long hours of non-stop driving with little human interaction can take a serious toll. As a result, there are rules regulating how truckers do their drives, including ones mandating breaks after set periods. However, truck drivers remain at risk of workplace injuries....
Continue ReadingRegaining your confidence to return to work after an injury
Going back to work after dealing with an injury can feel scary. You might have concerns about returning when you lack confidence or question if your skills have diminished. Regaining your confidence will require time and effort. Knowing how to facilitate your preparation to go back to work might optimize...
Continue ReadingWhat does a severe burn injury look like?
Burn injuries can create major problems for the people suffering from them. Even moderate to mild burns can cause notable health issues. Severe burns, on the other hand, cause major problems that can last months, years or even a lifetime. What defines third-degree burns? Healthline takes a look at burns...
Continue ReadingTeachers and occupational injury risk factors
Whether you teach young children, high schoolers or adults, it is essential to have a clear understanding of the risks that you could come across while working. Many people think that teaching is relatively safe in comparison to other occupations, but many teachers become seriously hurt every year due to...
Continue ReadingCommon injuries in restaurants and how to prevent them
Restaurants pose a wide variety of hazards to both front-of-house and kitchen workers. Accidents can result in various injuries which result in missed work, medical costs and lost productivity. There are common hazards and injuries that occur. However, many of them are preventable. Common risks and injuries in restaurants According...
Continue ReadingSchmidt, Kirifides & Rassias Update: Workers’ Comp Settlements
Workers’ Compensation Settlement: Lower Back Injury Attorney Mark R. Schmidt settled the workers’ compensation claim of a 34-year-old delivery driver from Sharon Hill, Delaware County, Pennsylvania in December 2022, after almost 2 years of complex litigation, and the claimant’s original lawyer withdrawing from the case. Claimant suffered a low back...
Continue ReadingNursing is a risky occupation
Nurses have a risky job, as they have higher incidences of work-related injuries and illnesses. These result in missed days of work, medical costs and increased risk of future injuries. There are certain injuries that are more common, and many of them are preventable. Stats and facts related to nursing...
Continue ReadingReasons 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?
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 protect both employers and employees in cases where injuries or illnesses...
Continue Reading3 steps to take after a workplace injury
If you get hurt at work, you may not be able to return to your job for several days or even several weeks. To make up for any lost wages and to cover the cost of the medical care you need, you could be eligible for workers’ compensation benefits. According...
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, we take the extra time necessary to fully investigate the circumstances of your employment to determine whether...
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 ReadingWorkers’ Compensation: What Is My Case Worth?
The most frequently asked question by clients is “what is my case worth”, (closely followed by how much will this cost me?!) Below are just a few of the important considerations when determining what YOUR CASE is worth. 1. Every Case Is Unique 10 or 10,000 people with the same...
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 tips for a successful workers’ compensation claim
Like many other people who experience an injury in the workplace, you may need to pursue a workers’ compensation claim to get the benefits you need to recover. The process can be confusing if you have never needed to file for these benefits before. Try these tips to help ensure...
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...
Continue ReadingNotice Of Workers’ Compensation Payable Or Denial; Temporary And Medical ‘Only’ Notices
Raymour & Flanigan v. WCAB (Obeid), August 2021 In the “Old Days” (way back in the 1990s) there were two types of Notices an employer or insurance company could issue after a work injury: a Notice of Compensation Payable, or a Notice of Compensation Denial. An acceptance or denial was...
Continue ReadingIndependent Contractors, “Under The Table” Workers And The Uninsured Employer Guarantee Fund (UEGF)
Berkebile Towing v. WCAB (Harr & UEGF), May 2021 Workers’ compensation benefits are available to any employee injured in the course of their job. Some businesses try to avoid the cost of Workers Compensation insurance, taxes and other “employee” related costs (health insurance, retirement benefits, etc.) by classifying their workers...
Continue ReadingWorkers’ Compensation: Traveling employees and employer-sponsored social events
Peters v. WCAB (Cintas Corp), Decided 11/17/21 On November 17, 2021, the Supreme Court of Pennsylvania addressed two issues never before decided by the highest Court of the Commonwealth; Is there a different burden of proof for traveling employees to establish they were in the course of employment at the...
Continue ReadingHome injuries that may qualify for workers’ compensation
Telecommuting has become the new normal for many workers. If you now work remotely from home, you may believe that workers’ compensation no longer covers you. This is not the case. An injury that occurs during the ordinary course of your work may qualify for workers’ compensation coverage. Even if...
Continue ReadingLifting patients a frequent cause of injury in health care
Working in health care has inherent risks, and if your job duties include moving patients, one of the biggest risks you face is that of experiencing a lifting-related injury. Research shows that lifting-related injuries are becoming increasingly problematic for those in your line of work and that these injuries often...
Continue ReadingDo you qualify for workers’ compensation as a remote employee?
Many people telecommute these days and you may be among those who work from home. What if you sustain a wrist injury during your working day? As a remote employee, are you eligible to receive workers’ compensation benefits? About your injury As a remote employee, you spend most of your...
Continue ReadingHow serious are paint-related eye injuries?
If you have the skill and the right equipment, you can make a lucrative living working as a painter. Still, whether you work on commercial or residential jobs, painting can take a toll on your body. Eventually, you are likely to contend with back, shoulder and joint pain. Your eyes...
Continue ReadingAre Undocumented Workers Entitled To Workers’ Compensation Benefits?
Workers who do not possess proper documents of citizenship or the right to work in the United States are referred to as undocumented workers (or ‘illegal aliens’). These workers still have a right to Workers Compensation benefits if they get hurt at work. Reinforced Earth v. WCAB, (Astudillo), 810 A.2d...
Continue ReadingACT 534/632: Frequently Asked Questions
What is Act 534 & 632, and Who is Covered? The proper reference is to 61 P.S. § 951. The Act numbers are the title of the Bill passed by the General Assembly of Pennsylvania to make the statute law, but are the more common way the laws are referenced....
Continue ReadingDon’t Miss Your Workers’ Compensation Deadlines
There are many different deadlines in the workers’ compensation system. Missing some deadlines may have minor consequences, while others may result in the denial of the claim entirely. Some deadlines apply to the injured worker, while others apply to the employer or insurance company. Some apply to the medical treatment...
Continue ReadingWhat Happens If You Are Overpaid On Your Workers’ Compensation Benefits
When an insurance company pays more benefits to a claimant than they are entitled to, they may try to obtain reimbursement of the overpayment from the claimant. However, the Workers Compensation Act does not allow the insurance company to seek reimbursement directly from the injured worker Hurst v. WCAB (Preston...
Continue Reading3 safety tips for road trips
With summer comes road trips, and having an accident during some family fun time is the furthest thing from your mind. Medical bills, a new car and dealing with the insurance company become a headache you do not want to deal with. According to the Pennsylvania Department of Transportation, the...
Continue ReadingNotice Of Temporary Compensation Payable
The Pennsylvania Workers Compensation Act permits an employer (or their insurance company) to accept an injured worker’s claim on a temporary basis, while they conduct an investigation. Within 90 days of issuing a Notice of Temporary Compensation Payable (NTCP), the insurance company must formally accept or deny responsibility to pay...
Continue ReadingWhat Is An Impairment Rating Evaluations (IRE)?
An injured workers’ right to benefits can be limited in several ways, typically: Based on medical evidence that the injury has resolved, or improved to the point the claimant can work, AND Evidence that the employer has actual work available within the injured workers’ capabilities, OR By evidence of work...
Continue Reading3 common workers’ compensation mistakes to avoid
A workplace accident can make it hard to go back to your job and lead to injuries that impact all parts of your life. Workers’ compensation benefits can ease some of this burden and help you recover. According to the Pennsylvania Department of Labor & Industry, the workers’ compensation system...
Continue ReadingThe Description Of Your Work Injury Is Important
When an insurance company accepts a work injury, they issue a document called a Notice of Compensation Payable (or a Notice of Temporary Compensation Payable). In this document, there is a section for the injury to be described. The description is extremely important to the injured worker because it will...
Continue ReadingWhen injured workers deserve workers’ comp and personal injury benefits
If you have suffered an on-the-job injury, you may already know you are entitled to receive workers’ compensation benefits. What many injured workers do not know is that they may also be eligible to receive compensation under personal injury law. This additional source of funds can dramatically increase the total...
Continue ReadingChild Support And Workers Compensation Benefits
What the Worker’s Compensation “Manual” DOESN’T tell you! Some lawyers tend to focus so much of their practice on one field of law, they forget that there are often situations where completely different fields of law overlap. Workers’ Compensation has many such traps – perhaps the most common of which...
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