The Pennsylvania Workers’ Compensation ActPosted on July 6, 2018
Last June the Pennsylvania Supreme Court dealt an important and justified win for injured workers in Protz v. WCAB (Derry Area School District). The High Court determined that the impairment rating provisions of the Pennsylvania Workers’ Compensation Act are unconstitutional in their entirety. In so doing the Court wiped out … Read More
Traveling for work – workers’ compensation rights when injured on the roadPosted on October 3, 2017
Generally speaking, an employee who is injured while driving to or from work is not protected by Pennsylvania’s workers’ compensation laws. The rationale is that the employee has not yet started their workday and is not yet furthering the business interests of their employer. This is often referred to as … Read More
Cash Benefits for Amputation and Permanent Loss Injuries on the JobPosted on August 15, 2017
The Pennsylvania Workers’ Compensation Act provides for the payment of cash benefits to an injured work who loses (amputation) or suffers permanent loss of use of certain members of the body. The payments are made at a scheduled number of weeks set by the Pennsylvania Legislature. 77 P.S. § 513(1), … Read More
Are my Work Injury Wage Loss Checks Paid at Correct Rate?Posted on June 12, 2017
Injured workers are eligible for wage loss benefits following a work related injury. How those benefits are calculated depends on the unique circumstances of the injured worker’s employment. Generally speaking, an injured worker receives a percentage of his/her average weekly earnings during weeks of disability following a work injury. The … Read More
Underinsured Motorist Insurance Coverage in the Employment Context
A recent opinion issued by Judge Ramy I. Djerassi of the Philadelphia Court of Common Pleas could paves way for injured workers to obtain underinsured motorist (UIM) benefits in the third party context. In Bielac v. American International Group, Inc., 2016 WL 7157620 (C.P. Phila. Dec. 2016), Plaintiff, John Bielac, … Read More
Injuries that develop over time are worthy of workers’ compensation benefits too
Injuries that develop from work related activities over the course of time are compensable injuries under the Pennsylvania Workers’ Compensation Act. These injuries are commonly referred to as a “repetitive use claims” (e.g. carpal tunnel from repetitive upper extremity work duties, low back pain caused by breakdown of the spinal … Read More
Injured at the Office Holiday Party – Is it Possible that I am covered by workers’ comp?
The short answer is yes, it is possible. Employees injured within the “course and scope” of their employment relationship are eligible for workers’ compensation benefits. Employees suffering injury or death attending a social event, such as a holiday party, have been found by the Pennsylvania Courts to fall under the … Read More
Get Your Workers’ Comp Papers in Order – They Matter!
I can’t tell you how many injured workers come into our office without the proper documentation backing up the legal status of their case. I promise you, it is rarely the fault of the injured worker, but rather the lack of attention by the insurance adjuster to the laws and … Read More