Archive for March, 2017

If you are an employee working in the state of Pennsylvania and you have suffered an on-the-job injury or illness, then you may be entitled to benefits from Workers’ Compensation. Workers’ Compensation is a type of no-fault insurance that provides those who have been hurt or sickened on the job with compensation for medical expenses as well as wage loss benefits when applicable. It also provides certain benefits to the survivors of workers who have been killed on the job. Workers’ compensation is a no-fault insurance – that means that you have no requirement to prove that your employer or coworker is at fault for the damage that you’ve suffered, and that you are entitled to benefits even in cases where your injury is a result of your own actions or negligence. There are certain restrictions on eligibility and coverage, and there are specific procedures that must be followed and adhered to in order to maximize your ability to successfully claim your benefits. Some employers are cooperative when a workers’ compensation claim is filed against them, and others are less so. If your employer or their insurance company responds to your claim for benefits with a denial, an experienced workers’ compensation attorney can provide you with the counsel and assistance you need.

When an employee’s injury is disabling enough to keep them from work, whether they are totally disabled or partially disabled, they are entitled to wage loss benefits. There are several types of disability benefits available to workers in Pennsylvania. The wage-loss benefits are calculated based on two thirds of the workers’ average weekly wage, and are defined by both a minimum and maximum amount. They include:

• Total disability benefits – These benefits are provided to workers whose injuries will keep them from returning to the job temporarily, for as long as they have to stay off the job. If the injury keeps them from being able to perform their job duties for 104 weeks, the injured worker will be evaluated to determine whether the disability is partial and impacts less than half of their body, or total, impacting more than 50 percent of their body. For those injuries deemed as being partially disabling, the benefits are limited to a period of no longer than an additional 500 weeks. For those injuries determined to impact more than 50 percent of the body, the disability and benefits are effectively considered permanent.
• Partial disability benefits – When an injured worker is evaluated and assessed at having less than 50 percent of their body impaired, they are deemed able to perform light-duty work and able to earn again. If there is a difference between what their new assignment pays and their pre-injury wages they can receive partial disability benefits calculated at two thirds of the difference, capped at a maximum weekly rate. This benefit is limited to a 500-week period, during which time they may be reassessed as totally disabled.
• Specific Loss benefits – These are provided to compensate for permanant loss of use of specific body parts or for serious and permanent disfigurement.

Determining what type of benefits you should be seeking can be complicated. The workers’ compensation attorneys at Vanasse Law have extensive experience in representing injured Pennsylvania workers and getting them the benefits that they deserve. Contact us today to learn more.

Workers’ compensation is a form of no-fault insurance that employers are required to carry for their employees. It provides a safety net for those who are injured on the job, giving them the promise of reimbursement of medical expenses and the replacement of lost wages in exchange for the loss of ability to file a personal injury or negligence lawsuit against their employer. In the state of Pennsylvania, most employers are required to carry this insurance, but there are some notable exceptions, and this includes many agricultural employers. The state does not exempt all agricultural employees from access to workers’ compensation, but there are strict guidelines that outline who is and who is not required to provide this coverage for their employees. Making matters even more frustrating is the fact that even when coverage is provided, some workers are hesitant about filing a claim for fear of being fired. If you are an agricultural worker, you need to know your rights – in many cases a lack of knowledge is how the threat of employer retaliation discourages agricultural workers from filing workers’ compensation claims in Pennsylvania.

In the state of Pennsylvania, employers who hire agricultural workers are required to provide workers’ compensation if they pay even one worker wages of $1,200 or more. They are also required to provide this coverage if the employ even one agricultural worker for thirty or more days in a calendar year. But even in cases where this coverage is offered, there are several factors that can prevent injured workers from filing a claim for the benefits to which they are entitled. These include concerns about benefits being denied to workers who are undocumented and the difficulty in having an employer-endorsed physician sign off on the need to recuperate. In some cases, a worker may be afraid that their employer will retaliate against them for filing a claim. Retaliation for filing a workers’ compensation claim most frequently takes the form of firing an employee within days or weeks of a claim being filed, and this is obviously enough to be an effective deterrent against filing a claim. It is bad enough for a worker to have to pay for medical expenses without also having to face the fear of having their entire economic support system.

If you have been injured in the course of your work for an agricultural employer and are concerned about filing a workers’ compensation claim, you need a knowledgeable attorney to help you navigate the system. Likewise, if your position has been terminated after having filed a claim for workers’ comp benefits, then you may be the victim of retaliation. In either case, you need a powerful and aggressive advocate who will stand up for your rights and make sure that you get what you deserve. Vanasse Law is a Lancaster law firm that specializes in protecting the rights of injured workers. Call us today to learn how we can help.

The cost of healthcare is one of the biggest issues that Americans face today. Treatment of injuries and illnesses is far more expensive than it ever has been, and many people are forced into severe financial hardship as a result of trying to balance their previously-existing bills and trying to pay for emergent care. When a person is injured on the job and their injuries require professional treatment, there is good reason for them to be concerned about who is going to pay for the medical bills, especially if their injury or illness keeps them from being able to report to work and continue earning wages. Workers’ compensation benefits were created specifically to address these worries. If you have been hurt or sickened on the job and need information on the benefits to which you are entitled, contact the Lancaster workers’ compensation law firm of Vanasse Law today.

Workers’ compensation is a specialized insurance policy provided by employers to their employees. The benefits provided by workers’ compensation include reimbursement for all medical expenses, as well as compensation for time away from work as a result of the injury or illness. The availability of these benefits can provide injured workers with a real sense of confidence and security, as they provide the promise of not having to shoulder medical bills on their own, and even provides at least a portion of their normal weekly wages. Those who suffer long-term disabilities that keep them from returning to work, or any of a highly specific list of injuries including the loss of a limb or disfigurement are also entitled to additional compensation. The trade-off for being provided with these benefits is that the employee is not able to pursue a personal injury claim against their employer. This can be a positive for both sides, as it avoids a drawn-out and animosity-driven lawsuit in which the employee would need to prove that the employer is at fault and the employer would need to defend themselves. Unfortunately, over the years many employers have lost sight of the trade-off, seeing workers’ compensation benefits as a burden and arguing against having to provide its benefits.

Getting the workers’ compensation medical benefits that you deserve should be a straightforward and easy process, but that is not always the case. Though some employers will quickly and willingly approve your workers’ compensation claim, others will drag their feet or deny your claim, forcing you to either pay for your expenses on your own or go through a challenging appeals process. If your employer denies your claim, the best way for you to ensure that you get the benefits you deserve is to work with an experienced Pennsylvania workers’ compensation attorney who knows the system and who knows how to ensure that your paperwork is filed correctly and your documentation is presented in a way to support your claim.

If you need workers’ compensation benefits, contact the Lancaster law firm of Vanasse Law to learn more about how we can help.