PA Law Blogs » Workers Compensation

PA Supreme Court Rejects UIM Exclusion for Workers’ Comp

Michael Monheit — Mon, 31 Oct 2011 20:52:52 +0000

On October 19, Pennsylvania’s Supreme Court in Philadelphia ruled against an exclusionary clause in a police officer’s underinsured motorist policy (UIM) issued by his employer. The officer’s insurance coverage, issued by Penn PRIME, denied UIM payment when he was injured on the job because he received workmans’ compensation payments. The high court overturned a ruling by an appellate court on the case.

Specifically, the police officer suffered serious injuries as a result of an accident with an uninsured motorist on October 31, 2002. He was working at the Sugarcreek Borough at the time. Workers’ compensation paid for the officer’s medical bills along with two thirds of his salary, while the borough covered the rest of his salary, said court files and reporting by Insurance Journal. The officer was able to recover $25,000 from the underinsured driver’s Allstate policy, but his damages greatly surpassed that liability amount. The officer then informed his own insurer of the discrepancy in damages covered and filed for additional UIM insurance, which according to the borough’s policy information covered as much as $100,000 for each individual or every crash. However, Penn PRIME shot down the claim with an exclusion stating that UIM coverage was not available for those entitled to workers’ compensation. But as stated before, the high court did not agree and intervened, stating: “we conclude that a workers’ compensation exclusion in an employer-sponsored insurance policy violates public policy and is, therefore, unenforceable.”

Cases involving UIM insurance coverage, especially in relation to workers’ compensation and other eligibility clauses that may or may not be in a policy, are extremely complex. Contact an experienced Philadelphia work related car accident lawyer to learn more about your rights and correctly and aggressively pursue remuneration.

Am I Covered by Workers’ Comp if I’m Injured in an Accident on the Way to Work in Pennsylvania?

Michael Monheit — Fri, 02 Sep 2011 14:52:59 +0000

Workers’ compensation provides wage loss and medical benefits for employees who sustain injuries while on the job. Because there’s an immense variety of workplace environments and job duties, as well as ways to become injured associated with them, workers’ comp can be a complex legal landscape to navigate. One common area of confusion is the topic of motor vehicle accidents.

Without knowing the intricacies of the law, many people discount workers’ compensation coverage for car accidents that take place while in route to or from a workplace. While Pennsylvania legislation does not cover accidents that happen during an employee’s “normal” commute, there are numerous exceptions and interpretations to this guideline.

If an automobile crash happens during your commute, in connection with an errand or task for your employer, the incident may be protected by workers’ compensation. Other circumstances of job commute accidents that may warrant benefits might be:

Your employer is reimbursing or paying for a worker’s gas mileage as part a salary, and/ or
You don’t have a set place of business, or an office building, that you report to daily.

Examples of occupations that may fall under these terms are traveling sales representatives, personal assistants, and health care providers—or any job that involves business travel to different places regularly without “a fixed place of work.”

If you have been injured in an accident that was connected to work duties, contact a qualified workers’ compensation lawyer in Philadelphia at Anapol Schwartz to learn more about the benefits you may be legally entitled to pursue.

What the CDC’s Report On Rise in Occupational Injuries and Illnesses Among Senior Workers Means for Harrisburg

Michael Monheit — Mon, 09 May 2011 12:25:18 +0000

It’s true what they say about things never staying the same. Due to our unpredictable economy, more people are working into the later years of their lives, and this includes residents of Harrisburg and other cities in Pennsylvania. A recent Centers for Disease Control and Prevention (CDC) Morbidity and Mortality Weekly Report (MMWR) revealed that older workers – individuals over the age of 55 – accounted for 19 percent of the workers in the United States in 2009, making them the nation’s fastest growing sector of the working population.

The CDC’s report analyzes data from the Bureau of Labor Statistics (BLS) Survey of Occupational Injuries and Illnesses (SOII). According to these findings, approximately 210,830 nonfatal occupational injuries and illnesses in 2009 among senior workers led to lost workdays. The report also determined that in comparison to younger workers and workers of all ages, senior workers experienced greater rates of falls that occurred on the same level, fractures, and hip injuries.

To help lower incidents of workplace injuries and illnesses for older workers, the CDC has advised employers to be proactive in identifying certain risks for older works. For instance, if falls are determined to be a heightened risk at a workplace, efforts should be made to make sure floors are clean, dry, clearly lit, and do not pose any tripping dangers. The CDC also recommends that public health and research agencies evaluate the overall strain of occupational injuries and illnesses among older workers, aging-related risks, and effective ways to prevent accidents.

Harrisburg, PA construction accident attorneys have seen first-hand how difficult it is for an injured construction worker to overcome a serious injury that happened on-the-job. In many cases, a construction worker is hurt because of someone else’s negligence. And it’s not just construction workers that suffer; any person can be injured while at work if another individual or entity’s oversight or reckless behavior causes unsafe working conditions. Hopefully, the new CDC report will make a difference and help prevent accidents from injuring workers of all ages, including those who are older.

Allentown Builder Settles with Injured Workers

Michael Monheit — Mon, 05 Jul 2010 11:00:20 +0000

Personal injury laws are in place to protect the legal rights of injured victims in Pennsylvania and elsewhere in the country. Victims are not only able to seek justice, but the civil justice system also enables them to seek monetary compensation to cover medical expenses, loss of wages, hospitalization, surgery and even long-term healthcare and dependent care costs in case of catastrophic injuries.

Two Dallas Cowboys employees settled with Summit Structures LLC over injuries they suffered in a collapsed structure, according to a recent Associated Press news report. One of the employees was paralyzed and another was left with broken vertebrae when the team’s practice facility collapsed in a windstorm. The victims’ lawsuit alleged gross negligence on the part of the company because of improper design and construction.

A report by the National Institute of Standards and Technology provided further basis by noting that the Cowboys’ facility collapsed in 55 mph winds, well under specified engineering standards. Builders and manufacturers sometimes cut corners by their choice of poor quality material or products for a construction project. The outcome of such acts is borne by the injured victims, who pay a price for the defective design or part. It is important for victims of such incidents to seek assistance, pursue the at-fault parties and recover fair compensation.

Workers’ Compensation in Reading, PA for for Common On-the-Job Injuries

Michael Monheit — Tue, 15 Jun 2010 19:42:43 +0000

Despite safety rules and regulations for working environments, workplace accidents continue to take place in Reading, PA and across our nation. There are numerous types of work accidents in Reading that may cause an employee to endure serious or catastrophic injury. While the road to recovery for these types of injuries may be challenging, workers’ compensation benefits in Pennsylvania may be available to help an injured worker get back on his or her feet.

Some of the most common Reading on-the-job injuries that a worker may receive workers’ compensation benefits for include:

Construction Accidents
Company Vehicle Collisions
Machinery Accidents
Slip and Fall/Trip and Fall Accidents
Repetitive Activity/Positional Injuries
Fatal Accidents

Since these severe injury accidents often require extensive medical care and treatment, possible surgery, physical therapy, and usually time off work, employees may utilize workers’ compensation benefits to help them cover the expenses associated with their injuries. Similarly, when an employee is killed on-the-job, members of his or her family may seek workers’ compensation to cover funeral costs and loss of wages.

While workers’ compensation benefits in Reading provide injured workers with financial assistance, this coverage may not be sufficient enough to cover permanent disability care and other damages. An experienced Reading PA workers’ comp lawyer will ensure that you and your family fully understand your rights and legal options under Pennsylvania’s workers’ compensation laws.

Understanding Berks County Workers’ Compensation

Michael Monheit — Sat, 22 May 2010 01:40:14 +0000

Workplace accidents in Berks County, Pennsylvania happen far too often despite safety rules and regulations being implemented by the Occupational Health & Safety Administration. In order to ensure that the rights of workers are protected when a work injury accident takes place, the Pennsylvania Department of Labor & Industry examines and oversees specific regulations as well.

In relation to the set of laws surrounding how working environments should be monitored, when these laws are not followed and subsequent accidents, injuries, and even fatalities occur, workers’ compensation benefits in Berks County allow injured workers, or family members of deceased workers, the opportunity to receive certain monetary assistance.

Any worker who has experienced an on-the-job injury in Berks County may want to look into services provided by the Bureau of Workers’ Compensation (BWC), which is in charge of laws that provide workers with insurance against job-related injury, illness, and even death. The various and important health and safety regulations under the Workers’ Compensation Act are enforced by the BWC Health and Safety Division.

While some workers may find that Berks County workers’ compensation benefits are sufficient enough to cover their medical bills, lost earnings, and other damages, others may be able to seek additional compensation from third parties (contractor, subcontractor, manufacturer of a defective product, etc.) who hold full or partial responsibility for a workplace injury or wrongful death accident. An experienced Berks County workers’ comp lawyer can help an injured worker and his or her family explore their legal options to ensure that full and just compensation is obtained.

Harrisburg Employment Opportunities for Those with Disabilities

Deborah Forrister — Mon, 17 May 2010 19:27:21 +0000

Some individuals with disabilities in Harrisburg and throughout Pennsylvania sustained their debilitating injury while on the job. However, several of these afflicted individuals are highly motivated to find new employment or return to previous jobs despite their disability. The Pennsylvania Department of Labor & Industry recently announced that $4.2 million in grants is going towards the development of new plans and initiatives for bettering employment opportunities for those with major disabilities.

As a part of the American Recovery and Reinvestment Act, the new employment grant asks that vocational rehabilitation providers apply by June 11. The main goal of the initiative is for innovative and localized programs to be created based on successful and qualifying applicants’ proposals. A few programs that the Department of Labor & Industry hopes to create through additional funding include:

An expansion of employment readiness programs
Industry-integrated employment and training programs
Services for underserved/unserved Office of Vocational Rehabilitation customers who meet specific qualifications

As these programs begin to further develop, it will be interesting to see how opportunities for employment evolve for individuals with disabilities.

When a work accident in Harrisburg occurs, an employee may receive financial assistance through Pennsylvania workers’ compensation benefits. The type of benefits that an injured employee is entitled to greatly depends on the degree of the injury. For instance, if an injury results in permanent disability, such as paralysis or disfigurement, then a person may be able to obtain compensation for all necessary medical treatment, lost wages, and job re-training. An employee who is unable to work temporarily may be able to receive two-thirds of their average wage up to a determined amount. An employee who has sustained a catastrophic injury may want to consult with a Harrisburg workers’ compensation attorney who will ensure that accurate paperwork is filed appropriately and that the injured worker receives the benefits that he or she deserves to its entirety.

Pennsylvania Woman Accused of Workers’ Compensation Fraud

Deborah Forrister — Tue, 04 May 2010 18:19:20 +0000

Workers’ compensation insurance fraud and abuse contributes to the deconstruction of a system that provides injured workers with financial assistance during tough physical and emotional times. Employees who are unable to fulfill their job duties, either to a complete or partial degree, due to a work injury may qualify for certain monetary support through employment compensation.

When individuals utilize PA workers’ comp benefits for a reported injury but are found to maintain an unreported job elsewhere, that person may very likely face workers compensation insurance fraud and even theft charges. This is what happened to a woman in Pennsylvania who was discovered working as an exotic dancer while simultaneously acquiring workers’ comp benefits from a work injury she sustained as a waitress.

According to an Insurance Journal report, the woman suffered a back injury from a fall accident on the job in 2007 in which her former employer filed an accident report to Highmark Casualty Insurance Co. The woman was given almost $27,000 in workers’ compensation benefits after expressing to her doctor that her back injury made the necessary requirements of standing and altering positions to fulfill her job requirements almost impossible. In asserting that she was unable to work, the woman was given workers’ comp benefits.

Now that authorities have found out that the woman has been maintaining a job which requires her to stand and alter positions as a dancer, she has been charged with the felony offenses of workers’ compensation insurance fraud under two counts and one count of theft by deception. If she is convicted of these offenses, she may be required to serve seven years in prison and pay a $15,000 fine for each felony.

No matter how tough the economy may be, committing any fraudulent act is definitely not the answer. Pennsylvania workers’ compensation law is meant to provide coverage for benefits related to temporary or permanent disability, injury or illness incurred while on the job. Several workers greatly rely on this type of coverage to provide for themselves and their family members.

Pennsylvania Workers’ Compensation Benefits: An Overview

Deborah Forrister — Wed, 21 Apr 2010 20:30:14 +0000

Pennsylvania workers’ compensation law provides for a number of benefits for workers who are injured on the job. Benefits include payment for lost wages, for the loss of function of certain specific body parts, for medical expenses, and even death benefits if the injury results in the worker’s death.

Payment for lost wages may be available if the injury leaves a worker totally disabled and unable to work, or partially disabled and earning less than the pre-injury amount. If an employee is deemed totally disabled, the employer may ask for a reevaluation of the employee’s condition after 104 weeks, or two calendar years. Partial disability payments are available for up to 500 weeks, and may be available even if the injured worker can return to some kind of work.

A separate “specific loss award” may be available to workers who lose the use of a thumb, finger, hand, arm, leg, foot, or toe; lose sight or hearing; or suffer a serious and permanent disfigurement of the head, face or neck in a workplace injury.

Workers whose injuries are covered have a right to receive their reasonable medical expenses paid. These expenses may be paid even if the worker has lost no time from work. Employees who have been injured in the workplace should take care to choose a qualified Pennsylvania medical provider to ensure that workers’ compensation benefits will completely cover their medical bills.

Employees who are injured on the job in Pennsylvania should never feel as though their injuries are their own fault. Employers have a duty to provide safe working conditions and to secure workers’ compensation so that their employees are protected from injury. While it is understandable for an injured employee to question whether he or she qualifies for workers’ compensation, some legal resources are available to help an injured worker in estimating workers’ compensation rates.

Wisconsin Considers Abusive Work Environment and Bullying as Grounds for Legal Action

Deborah Forrister — Thu, 15 Apr 2010 12:00:54 +0000

Most people associate workers’ compensation lawsuits to a physical injury that takes place while on the job, or perhaps resulting from incidents of discrimination or sexual harassment. But what about employers who are victims of bullying?

According to a Wisconsin Law Journal report, Assembly Bill 894 would allow an employee in Wisconsin to pursue compensation for suffering from bullying or an offensive work space. While there are plenty of instances of bullying within an abusive working space that occur outside of sexual harassment and discrimination, employment law attorneys cannot typically help these workers. And many employees being bullied are speaking up.

Wisconsin could be the initial state to approve and initiate this new law. Employees would be able to file lawsuits in circuit court in opposition of an employer for office or working environment bullying. An abused employee could potentially seek restitution for medical expenses, past and future earnings, psychological trauma, punitive damages and attorney costs. Despite 17 other states since 2003 presenting similar proposals to the foundation of Wisconsin’s Assembly Bill 894, none have officially been approved.

Similar to when any new legislation is on the horizon, there are several opinions supporting and opposing an employee’s ability to sue for workplace bullying or otherwise abusive work circumstances. While many believe that the new law would increase the amount of employers who would be held accountable and provide a legal solution for employees otherwise left high and dry, others fear the employers would simply become markers for legal action. Some also question why employees would be allowed to bring an action in circuit court when they could instead go through an administrative process as is typical for other employment discrimination claims.

While some suspect that employees will take advantage of the new law and sue out of spite instead of being legitimate victims of an abusive workplace, it is highly likely that the new law will greatly increase employee protection in an economy where people will take the heat for the paycheck.