Archive for July, 2023

Most people relate workers’ compensation to injuries caused by accidents on the job, such as when an employee breaks their back when falling off a ladder at work. While these types of accidents do generally qualify for workers’ comp benefits, benefits are also available to workers injured in less typical ways.

If you have questions about whether or not your illness or injury is covered by workers comp in Pennsylvania, contact Vanasse Law, LLC, and speak with a Lancaster workers’ compensation attorney.    

#1 Pre-Existing Conditions

Many employees are not aware that under certain conditions they may be able to recover workers’ comp benefits for a pre-existing condition. Benefits are generally available when your current employment has aggravated a pre-existing injury and you are able to prove that you are experiencing an increase in symptoms. The aggravation itself is viewed as a new injury and workers comp benefits may be available. It is not a requirement that the previous injury was work-related, but the aggravated condition must be related to your employment. 

A Lancaster workers’ compensation attorney from Vanasse Law, LLC, can speak with you about your pre-existing condition and whether or not you are able to collect workers’ compensation benefits. Benefits could include lost wages, medical bills, medications, and doctor office visits. Documentation will be key in obtaining benefits, so be sure to maintain all medical records that prove the aggravation of your injury and provide the documentation to your lawyer. 

#2 Repetitive Injuries

A repetitive, or stress, injury occurs when you perform the same motion over and over again. Typically, these injuries occur over a length of time and without treatment can cause permanent damage to nerves, muscles, or tendons. These types of injuries occur in places of movement on the body, such as the knees, hands, lower back, and elbows. An example of a repetitive injury is carpal tunnel syndrome. 

Certain jobs tend to have more repetitive injuries than others, including:

• Manufacturing jobs
• Office and clerical jobs
• Construction jobs

At Vanasse Law, LLC, our attorneys are well-versed in repetitive injuries and can assist you when you are seeking the compensation you deserve for them. 

As these injuries occur over time, there are some signs that you should be aware of that can indicate you have developed a repetitive injury. These symptoms include:

• Loss of sensation
• Tingling
• Muscle weakness
• Pain
• Throbbing

If you are suffering from any of these symptoms and you think they are caused by a repetitive injury, seek assistance from your medical doctor. Then, contact a Lancaster workers’ compensation attorney.

#3 Off-Site Injuries

While it is true that most work injuries occur at the place of employment, it is not required that it happen on the job site. There are situations where an employee can be injured somewhere other than work but still qualify for workers’ compensation benefits. §301(c) of the Penn Workers Comp Act states that the act is meant to apply to an employee that suffers an injury “arising in the course of his employment and related thereto.” It also states that it applies to “all other injuries sustained” “whether upon the employer’s premises or elsewhere.”

An example of this would be if an employer asked an employee to go to the post office to mail a package, and on the way to the post office, the employee was struck by a distracted driver. The employee in this situation would be acting in the course of their employment and as such, should be entitled to workers’ comp benefits even though they were not located on the employer’s premises when the injury occurred. 

A Lancaster workers’ compensation attorney from Vanasse Law LLC can address any concerns you may have regarding your injury and whether or not you are entitled to workers’ compensation benefits. 

#4 Occupational Diseases

Occupational diseases are illnesses that are caused by an employee’s exposure to certain toxins and health hazards due to their work environment. §108 of the Penn Workers Comp Act defines what an occupational disease under the act is, and certain diseases and illnesses are presumed to be connected to employment under certain circumstances. For example, for nurses, tuberculosis and hepatitis are assumed to be related to their occupation. For firemen with four or more years of experience, diseases of the heart and lungs are related to their occupation. 

Even if a certain disease is not listed in the act as being related to a certain occupation, it may still be compensable under certain circumstances. A Lancaster workers’ compensation attorney from Vanasse Law, LLC, can advise you as to whether or not the disease you are diagnosed with is compensable under Pennsylvania workers’ comp. 

#5 Loss of Hearing & Vision

Some Pennsylvania workers may be eligible to receive workers’ compensation benefits for loss of hearing and vision. For the loss to be compensable under workman’s comp, it must be for a minimum of 10%. Loss can be from long-term exposure to loud conditions or due to an accident. The cause of the loss will determine how the percentage is calculated. 

Vision loss is considered a specific loss under the statute and you may be able to recover compensation for that loss. Injuries to the eye are treated just as any other injury under the workers’ comp statute. 

With a loss of vision or hearing, a Lancaster workers’ compensation attorney from Vanasse Law, LLC, can help you determine the benefits to which you may be entitled. 

Consult With An Experienced Lancaster Workers’ Compensation Attorney At Vanasse Law, LLC

If you have suffered an injury or accident related to your employment, and you have questions regarding your ability to recover under a workers’ comp claim, contact our firm and schedule a consultation with a Lancaster workers’ compensation attorney. We concentrate our practice on assisting injured workers and have the experience necessary to help you obtain the compensation and benefits to which you are entitled.