2021 Articles
Notice 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 Pennsylvania workers’ compensation system. Missing some has minor consequences, while missing others can end a claim entirely. Some deadlines apply to the injured worker, some to the employer or insurance company, and some to medical providers. Any of these deadlines, missed by anyone,...
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 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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