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Lancaster PA Workers' Compensation Law Blog

Do Temporary Workers Have Access to Workers’ Compensation Insurance?

Summer is on the horizon, and that means that students and teachers are going to be searching for employment. Whether you’re enmeshed in the 9-months-per year world of education or seek temporary or seasonal work for any other reason or at any other time of year, temporary workers are an important part of the workforce. Where full time and part-time employees are entitled to workers’ compensation insurance in case they get hurt on the job, many seasonal workers wonder whether temporary workers also have access to these important protections. Workers’ compensation insurance exists to provide medical expenses and wage replacement…

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Pennsylvania’s Amish and Mennonite Communities Skip Workers’ Compensation Due to Religious Exemption

When employees in the state of Pennsylvania are injured on the job, they can rest secure in the knowledge that their medical expenses and time away from work is covered by Workers’ Compensation insurance. But few realize that if they are working for a company owned by either Amish or Mennonite owners, there is a chance that no such insurance coverage has been purchased for them. This is because Pennsylvania’s religious exemption laws permit participation in what is an otherwise mandated form of protection. The Amish and Mennonite religions specifically bar against insurance. The religious sects make it an employer’s…

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What are the Most Common Injuries to Agricultural Workers?

Farming may seem like an idyllic occupation, but the ability to work with agriculture and animals belies the dangers of the job. Agricultural work ranks among the most dangerous, with a very high risk for both fatal and nonfatal injury despite a number of comprehensive safety regulations having been put in place to reduce them. Hundreds of farmers and farmworkers die each year from a work-related injury, and every day roughly 100 agricultural workers suffer an injury that results in needing time away from work. The most common injuries are a result of vehicle accidents and particularly tractor rollovers, but…

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Is PTSD a Valid Basis for a Workers’ Compensation Claim?

We’ve all heard of PTSD or Post-Traumatic Stress Disorder. It first came into the lexicon in association with military personnel who had witnessed trauma that affected them psychologically or physically, but the term has now been extended to apply to anybody that has been exposed to a severe shock such as an accident or a terrorist attack. Just as injuries that can happen outside of work can also happen on the job, the same is true of PTSD. This means that if a traumatic event occurs in the workplace an employee requires treatment or is unable to function as a…

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How Do Insurers Investigate a Workers’ Compensation Claim?

Though the vast majority of workers’ compensation claims are filed by people who have suffered legitimate injury or illness on the job, there is a small percentage of people who file fraudulent claims. As a result, workers’ compensation insurers need to investigate suspicious filings to make sure that they are valid. Though it may feel intrusive to those who simply want to get better or get the compensation they deserve, the work is also necessary: workers’ compensation fraud perpetrated by both employers and employees account for 25 percent of all insurance fraud. The news media has covered some of the…

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How Does the Farm Labor Exemption Affect Workers’ Compensation in Pennsylvania?

Workers’ compensation is a no-fault form of insurance that covers injuries that workers incur on the job. It is available for the protection of both the employer and the employee. For the employee, it provides compensation for medical expenses for injuries or illnesses that occur on the job, as well as compensation for lost wages and disability if applicable. For the employer, workers’ compensation offers protection against getting sued for injuries that take place on your farm: the availability of insurance precludes the workers’ right to file a personal injury claim. Though there is a Farm Labor Exemption for certain…

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What Injuries are NOT Covered by Workers’ Compensation?

To most people, workers’ compensation is little more than a line item in their paycheck. They don’t know whether it’s something that they pay for or whether it’s provided by their employer, and they’re not entirely sure what it’s there for. That all changes once you’re injured on the job and suddenly realize that it’s there for you – to make sure that your medical expenses are covered, and you’ll be able to pay your bills, even if your injury keeps you from going back to work. Though workers’ compensation is what’s known as a ‘no-fault’ insurance policy that’s paid…

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Are There Advantages to a Lump Sum Settlement Rather than a Structured Settlement?

Lump Sum Settlements A lump sum settlement pays your workers’ compensation payment on a full and final basis, closing your claim. The disadvantage of this is that you will not be able to file any additional treatments that you need later or any additional diagnosis that may arise as a result of the injury. The biggest advantage of a lump sum settlement would be the ability to invest the money in a way that might provide you with an additional source of income. Structured Settlement A structured settlement provides guaranteed payments, usually on a weekly, monthly or annual basis. It…

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Who is Held Responsible in a Third-Party Claim?

When an employee is injured on the job, they are entitled to workers’ compensation benefits. These can provide much-needed financial compensation for medical expenses, as well as wage loss benefits in those cases where the worker’s injuries are bad enough to keep them out of work on a temporary basis or permanently. Workers’ compensation is specifically a no-fault form of insurance: the employee does not have to sue their employer for negligence or prove that their employer is to blame for their injury as the benefit is provided regardless of what the cause of the injury was. But there are…

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How an Employer Can Lower the Risk for Workers’ Compensation Fraud

There are a lot of benefits of holding a proper Workers’ Compensation insurance policy as a company from having medical bills and at least some lost wages covered when an employee is injured at work. However, with that coverage also comes the risk of abuse by unscrupulous employees looking to rig the system. The first step to working against such abuse is to understand the types of fraud that commonly occur. Types of Fraud Fraud can happen at any point in the claim process, from the injury itself to claims made about the severity of the injury. Here are some…

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