Post-Traumatic Stress Disorder (PTSD) can develop after a trauma in any setting. Despite this fact, not all states allow Workers’ Compensation claims based on PTSD. For the states that do, the worker must have experienced or witnessed an event that is deemed traumatic while acting the scope of employment, then show symptoms of PTSD that interfere with the ability to work in that employment. Furthermore, there must be an official diagnosis of PTSD from a certified psychiatrist or psychologist. On the Job Traumatic Events Some examples of what is considered a traumatic event at work include, but are not limited…
Continue reading Can I Seek Damages for PTSD?Under the Workers’ Compensation Act, workers who are injured on the job are entitled to recover lost wages equal to two-thirds of their weekly wages. The Act also highlights the minimum and maximum adjustments with the benefit rate being set using the annual maximum that was in place when the injury occurred. This maximum is decided by the Department of Labor and Industry by calculating a maximum based on a state’s average weekly wage. For the year of 2017 in Pennsylvania, the maximum weekly compensation rate for the calendar year is $995, which is a 1.7% increase from last year….
Continue reading Workers’ Compensation Average Weekly Wage for Pennsylvania in 2017Under the Workers’ Compensation Act, a Worker Compensation Judge is able to award a claimant attorney fees when after an unreasonable content is a petition. This type of award is based on the facts and legal issues that were involved in needing an attorney for the petition. A WCJ will also decide the amount and the length of time allowed for the claimant to be reimbursed for such fees and weigh the skills needed, how long the proceedings took, along with the time and effort expended. This becomes complicated when an appeal on the award is successful. When a WCJ…
Continue reading Can an Employer Seek Reimbursement for Attorney Fees After an Unreasonable Contest?The Employee Retirement Income Security Act (ERISA) aims to protect the assets of your plan, but many are not well-informed on the responsibilities of the fiduciary who control or have authority over their plan. The first thing to understand is what a fiduciary is. Simply put, a fiduciary is someone who acts in your interests when it comes to your retirement plan. The second part is understanding ERISA regulations of employee benefits. What ERISA Does Requires plans to inform participants about plan features and funding. Guarantees payment of certain benefits. Requires plan fiduciaries to be accountable for following principles of…
Continue reading Understanding ERISA Plan Fiduciary ResponsibilitiesIn a recent ruling, the Fifth Circuit Court of Appeals has reaffirmed that not returning to work is not considered a reasonable accommodation. The ruling came from a case where an employee felt he had accrued enough time and benefits to leaving until the day after he was set to retire. When there is no way to provide reasonable accommodations for an employee or their leave has been deemed indefinite by a medical professional, the options in returning to work are limited. However, this does not leave the employer on the hook with an empty desk chair, even under the…
Continue reading Never Returning to Work is Not a Reasonable AccommodationDespite the laws protecting workers following an injury on the job, there are dishonest employers that have forced the resignation of their employees. Forced resignation is treated the same as termination and leaves already injured employees with a wrongful termination claim on their hands. Employers try to force out injured workers for a few reasons. One of the biggest reasons is to avoid having to provide the correct accommodations, while others may be trying to avoid a Workers’ Compensation claim. Oftentimes, they try to make the worker decide to leave on their own with hostile work environments, but some even…
Continue reading Forced Resignation after Injury Grounds for Legal ActionThe federal Family and Medical Leave Act (FMLA) provides workers with important protections, but can leave employers vulnerable to its abuse. Administration of these protected leaves can be time-consuming and often confusing. Some proactive steps can go a long way to prevent abuse and hold employees accountable for abuse that may occur. The FMLA does also provide employers with protections, with a few simple ways to stay on top of FMLA compliance without disrupting the workplace. Check your policies. Before doing anything else, make sure you know what your policies and procedures include. Updating the current policy can help to…
Continue reading 8 Simple Ways Employers Can Limit FMLA AbuseThere are some occupations that are more injury-prone than others. Construction work, maritime occupations, and mining are among the work environments that are known to be dangerous, and which are most likely to see injuries to employees and workers’ comp claims. One area that tends to fly under the radar in terms of dangers is agricultural work. To illustrate this, according to data collected in 2011 by the Bureau of Labor Statistics there were only 32,100 injuries to farm workers – a number that is remarkably low considering how many farms there are in the United States. At first glance,…
Continue reading Over 75 percent of Farm Injuries Go UnreportedWhen you go to work each day, you do so with the best of intentions. No matter what your industry or occupation, it’s your goal to get through the day’s projects as best you can. There are things that can get in the way – unexpected roadblocks can take many forms. One of the biggest roadblocks you might encounter is a nagging injury. In a way, hidden or subtle injuries are far more insidious and damaging to you and your employer than an acute injury that comes from an on-site accident. This is because when you are confronted with an…
Continue reading What is the Time Limit for Filing a Workers’ Compensation Claim in Pennsylvania?People tend to romanticize the idea of working with animals. We hold veterinarians and animal shelter workers in high regard and visualize pastoral images of lambs, calves, and chickens when we think of farm work. The reality of the situation is far different. A report conducted by the Bureau of Labor Statistics found that in the five-year period between 1992 and 1997, animals were either partially or entirely responsible for 375 fatal on-the-job injuries, accounting for one percent of all of the fatalities during that period. During the same period of time, there were 75,000 animal-related injuries that were not…
Continue reading Who is Held Accountable if You’re Injured by Livestock While at Work?
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Vanasse Law LLC is conveniently located just north of center city Lancaster just off Route 30. We are in Sterling Center just off Lititz Pike/Route 501. Our office has plenty of free parking and is handicapped accessible.
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