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The attorney-client relationship may refer to all manner of issues involved when a client hires an attorney for legal services. However, one particular aspect, often referred to as the attorney-client privilege, refers to a specific legal privilege that keeps confidential communications between an attorney and a client private. The privilege may be asserted in response to a legal demand for information, most commonly a discovery request, for certain communications meant to be private. The privilege may even be invoked, under certain circumstances, to potential client communications. If you have been injured at work in Pennsylvania, let a Lancaster job injury…
Continue reading How Does the Attorney-Client Relationship Affect My Claim?Generally speaking, the “burden of proof” actually encompasses two types of standards: (1) the burden of production, and (2) the burden of persuasion. The burden of production refers to a party’s obligation to provide sufficient evidence to support the party’s claim. Typically, the burden of production lies initially with plaintiffs; i.e., plaintiffs must prove their case with sufficient evidence. If plaintiffs meet this burden, then the burden of production typically shifts to defendants to rebut plaintiffs’ evidence with their own evidence. The burden of persuasion refers to how convincingly parties must be in proving their case. In civil cases, parties…
Continue reading What is the Burden of Proof and How Does it Affect My Workers’ Comp Claim?Due to the potential financial ramifications, ordinary working people in Pennsylvania often ask whether they are considered “employees” under Pennsylvania’s workers’ comp laws. This is a good and important question that our Lancaster workers’ comp lawyer will answer below. However, the answer is best given in context, and a brief overview of Pennsylvania’s workers’ comp laws can help with that. In any event, if you have suffered a work-related injury in Pennsylvania, let a Lancaster workers’ comp lawyer help you be sure you’re receiving maximum compensation for your work-related injuries. Workers’ Comp in Pennsylvania Workers’ comp in Pennsylvania can be…
Continue reading PA Workers’ Comp: Who is Considered an Employee for Purposes of Benefits?In Pennsylvania, like most states, most non-exempt employers are required to provide workers’ comp coverage for their workers so that in the event of a work-related injury or illness, the employees can recover medical expenses, lost wages, and disability. To meet this requirement, employers may either purchase workers’ comp insurance or obtain approval to self-insure. Nonetheless, the system works only if everyone does what they’re supposed to do. If the employer fails to hold up its end of the bargain, a worker may find himself unable to recover from Pennsylvania workplace injuries. This breaks the relationship between employee and employer,…
Continue reading Employer Responsibilities for Workers’ Comp in PennsylvaniaWorkers’ comp in Pennsylvania, like most states, is a double-edged sword. The good news is that if you’re hurt on the job, you don’t have to show negligence or any type of fault by the employer. If you are hurt at work, you receive the benefits. The bad news is that your compensation is strictly limited to your workers’ comp benefits; in other words, the workers’ comp benefits are your exclusive remedy. This is known as the “Exclusive Remedy Rule.” This is problematic for injured workers because workers’ comp only pays for medical expenses, lost wages, and disability. Yet, a…
Continue reading Third-Party Claims After a Work AccidentAccording to the National Library of Medicine’sNational Center for Biotechnology Information, there is a “substantial overlap between chronic pain and posttraumatic stress disorder (PTSD) symptoms in individuals who sustain accidental injury.” In subsequent studies, “[m]ost participants reported chronic pain and all were receiving workers compensation. Results indicated that 34.7% and 18.2% of the sample reported symptoms consistent with PTSD and partial PTSD.” More simply speaking, evidence shows that work-related injuries can cause chronic pain, which leads to PTSD. An increasing number of states are passing new laws, rules, and regulations that allow the general workforce to receive workers’ comp benefits…
Continue reading PTSD After a Work AccidentAccording to the Bureau of Labor Statistics, of more than 1 million workers, back injuries account for nearly 20 percent of all injuries and illnesses in the workplace. Only the common cold accounts for more lost days of work. The leading causes of work-related back injuries include exerting too much force on your back, repetition of certain movements, especially those that involve twisting or rotating your spine, and inactivity. Safe lifting and load-carrying techniques are essential to preventing back injuries in the workplace. Unfortunately, most workers do not consistently use these back safety techniques, placing themselves at significant risk. Back…
Continue reading Work-Related Injuries: Exercises for Back Pain ReliefWorkplace injuries are far too common, considering how preventable most of them are. Throughout the day, some workers think about things that have nothing to do with work, such as what they’re doing after work, how many hours they have left to work that day, their weekend plans, or, quite commonly, how they’re not getting paid enough in this economy. But that’s just human nature. If you have been injured or suffered illness on the job in Pennsylvania, let the Lancaster hurt at work lawyers at Vanasse Law LLC help you recover what you’re entitled to under Pennsylvania workers’ comp…
Continue reading Tips for Preventing Workplace InjuriesAlthough the Workers’ Compensation Act language indicates that psychological or mental work injuries are compensable, different states interpret the language differently — some more strictly than others. In the strict interpretation states, mental injuries like stress and anxiety are not compensated for. However, Pennsylvania is more progressive than many other states regarding mental injury claims. The Pennsylvania Department of Labor and Industry describes when and what type of mental injuries are compensable under Pennsylvania’s workers’ comp laws. If you have suffered a mental injury on the job in Pennsylvania, let a Lancaster work injury lawyer at Vanasse Law LLC help…
Continue reading About Workplace-Related Mental InjuriesIn Pennsylvania, if you have been injured on the job or suffered an illness due to your job, you are eligible for workers’ comp benefits. At some point, the workers’ comp insurance company will likely approach you about a settlement. Sometimes, a settlement is in your best interest. You may want to accept a fair lump sum to avoid the time and nuisance of the workers’ comp process. However, before you settle your claim, you should understand what rights you are giving up. If you have been injured or suffered illness on the job in Pennsylvania, let a Lancaster job…
Continue reading Will Pennsylvania Workers’ Comp Offer Me a Settlement?