A serious workplace injury can result in a worker's receiving total temporary disability benefits. However, readers of this blog should keep in mind that employers sometimes go to great lengths to deny those benefits. In a recent court ruling, surveillance video allegedly showed that a worker was able to move about freely and perform certain tasks. A Pennsylvania appellate court allowed the video to be used as evidence to discontinue the man's workplace injury disability benefits.
If you have consistently had problems with late checks or non payment of medical treatment, that is a trend that is likely to continue. The remedy for this is the filing of a penalty petition. At KK&O, we keep insurance companies in check every day by filing these petitions so our clients are not deprived of their right to receive wage loss and medical care. If your checks have been coming consistently and you do not have a problem with your medical care, the likelihood or something happening to your check is slimmer. However, many people go away around the holidays including your claim's adjuster. If you know your adjuster is going away or if your check is late, notify your attorney so they can call the adjuster right away. Sometimes, it is simply a matter of your claim fell off the schedule for payment and a quick stroke of the computer key by the adjuster can fix this. At KK&O, we realize your workers' compensation check is the lifeline for your financial existence and we react right away if that lifeline is put in jeopardy. Have a Happy Holiday Season and let us know how we can help you.
If you have a work injury that involves a break or a fracture, then you can probably tell when it is going to snow or rain. The joint or point of injury will get stiff and sore. This is a consequence of the injury itself. It also means that you still have lingering issues as it relates to your work injury. A broken or fractured bone can mean the early onset of arthritis. Damp weather and Arthritic pain go together like a slug on a brick of salt, get my drift. If you are having ongoing problems associated with your injury, report this to your doctor and make note of the area where the pain radiates from. Always stay on top of your injuries before they get the upper hand on you.
Let it snow, let it snow, let it snow. The song for injured workers should be , Don't let me fall, Don't let me fall, Don't let me fall. Inevitably, we have all had our fair share of slip and falls on icy pavements, roads or stairs. If you happen to fall while in the course and scope of your employment, it is considered a work injury. November through March proves to be the worst time for back, knee and wrist injuries. If you think about the mechanism of a fall, you try to brace and balance yourself with your arms and legs. In the process of this action, you end up hurting your extremities as well as your back. You should report this right away to a supervisor or manager and fill out an incident report. If the employer tries to discourage you by using the old "bad weather" excuse, tell him or her to stick it where the sun-don't-shine (Just Kidding). Stand your ground and report the incident. For more answers to your questions on work injuries, email or call Jason Krasno.
As Pennsylvania residents reading this blog likely know, workplace accidents can be devastating and unpredictable. Fortunately, certain laws protect workers' rights, and those hurt during the course of their employment may be entitled to receive workers' compensation, which can help pay for medical bills and make up for lost wages. In cases where an employee dies as a result of the accident, workers' compensation benefits may still be available to the family of the victim. While the loss of a loved one can never be erased by material compensation, families do often find some measure of consolation by the monetary damages that are often due after a fatal accident. Following the death of an employee in a recent Pennsylvania construction accident, one family may be considering just these options.
Workers' compensation insurance companies are supposed to pay you at the same frequency you get your normal pay check. If you are paid weekly, you should get your workers' compensation check every week. If you are working and receiving partial workers' compensation checks, you should keep the paystubs from your time of injury job and any other jobs you are working. The insurance company will delay making partial payments until they have the wage information, so it is always helpful if you keep your paystubs.
Employers and Insurance Companies are notorious for bringing back injured workers and offering them jobs on varying shifts and at lower rates of pay. Is this legal? If the Employer/Insured follows the guidelines of the workers' compensation act, issues a Notice of Ability to Return to Work and makes a legitimate job offer, then yes, they can do this. If you refuse to return to work solely because it is paying you less money or because you don't want to work the hours provided, then a judge will find you in bad faith. A finding of bad faith means you will negate any ability to collect wage loss benefits. It is advisable to contact a lawyer before a situation of bad faith arises. At KK&O, we advise our clients to return to the job so they do not destroy the ability to collect wage loss benefits in the future. The workers' compensation insurance carrier has an obligation to make up the difference in your pay through partial compensation benefits. The shift change is a different story: the injured worker will have to rely on family members or friends. A judge will not find the excuse that "I can't find a babysitter" as a sufficient reason to miss work. At KK&O, we will work closely with you to help find solutions to the hardships presented by this situation.
A recent warehouse accident in eastern Pennsylvania resulted in a worker's tragic loss of his arm. The accident happened on Nov. 11 at the Bazzini Holdings warehouse in Upper Macungie Township. According to Berks-Lehigh Regional police, the man had his arm cut off by a machine. The company, which produces candy, fruit and nuts, is best known for supplying peanuts for the New York Yankees. At this point, it is unclear if defective machinery contributed to the incident.
Workplace injury is a serious risk in everyday life. Perhaps with that in mind, an appeals court in Pennsylvania recently ruled that the diocese of Allentown was responsible for paying all of the medical costs of one of its injured employees. The slip-and-fall case involved a 72-year-old diocesan priest, and the Allentown diocese, which self-insures for workers' compensation, claimed it was not responsible for 100 percent of the bills charged by the Lehigh Valley Health Network for the care given to the injured man.
Receiving workers' compensation for a workplace injury in Pennsylvania may sometimes seem like a long and arduous journey. Many people see the legal process as complicated and full of pitfalls that appear to be in place solely to derail workers' compensation claims. Nevertheless, individuals suffer debilitating workplace injuries every day, and by law workers have a right to file for and receive benefits for their documented injury.