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    Archive for the ‘Workers’ Compensation’ Category

    When Does Partial Disability Become Total Disability

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    Some work-related injuries are relatively minor: they require medical attention, perhaps some rehabilitation, and maybe some time off of work for follow-up appointments. But there are also much more serious injuries that make it impossible for the injured worker to return to their job, whether temporarily or permanently. Though all injured workers are entitled to compensation for their medical expenses, as well as for lost wages, there are different classifications, definitions and limitations placed on injured Pennsylvania workers. At the Lancaster law firm of Vanasse Law, we are dedicated to making sure that you have you of the information that you need so that you can get the compensation that you deserve.

    • Temporary partial disability – These benefits are for workers who are able to do modified or light duty work, and provide compensation until the worker is able to return to their original position as determined by a physician chosen by the employer or their insurance company. The worker may be assigned to a lower paying job, in which case they are able to receive compensation of two thirds of the difference in pay.
    • Temporary total disability – These benefits are for those who are more seriously injured, and are unable to work as a result of their injury and who a physician has determined is a minimum of 50 percent impaired as a result of their injury and disability. The benefits are available for an extended period of time, but have a maximum duration of 500 weeks. After 104 weeks, the employer can require the injured worker to submit to a medical examination to determine whether they are still at least 50 percent impaired. If they have fallen below the 50 percent threshold, they then return to a partial disability status.
    • Permanent total disability – When a worker is determined to be more than 50 percent disabled and deemed unable to return to any type of employment, they may qualify for permanent total disability, which provides payments for as long as they are considered unable to work. These payments may be offered as either a lump sum or in weekly payments.

    In addition to these benefits, there are specific loss benefits available for those who have suffered particular injuries that lead to the loss of use of a body part. These benefits are strictly prescribed based upon the loss that is suffered. There are also benefits for loss of hearing, loss of a finger in a work-related accident, scars and marks to the head, face and neck above the collarbone, and more. You do not have to be kept from work by these losses to qualify for the benefit.

    Pennsylvania’s workers’ compensation disability benefits can be difficult to understand and the system can be a challenge to navigate. If you need answers regarding what you are entitled to, contact the experienced workers’ compensation law firm of Vanasse Law today.

    PTSD and Workers’ Compensation Claims for First Responders

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    In 2015, Fitch & Associates’ Ambulance Service Manager Program conducted a research project aimed at determining the prevalence and severity of EMS provider stress in the workplace. A survey of more than 4,000 participants revealed that 86% of those who had responded had experienced what was defined as “stress we undergo either as a result of a single critical incident that had a significant impact… or the accumulation of stress over a period of time.” More of a concern, thirty-seven percent of those who responded indicated that they had thought about committing suicide, and 6.6 percent had actually made an attempt. Post-traumatic stress (PTSD) is a very real issue for our police officers, firefighters and emergency medical technicians, as they all too often witness horrific events or their aftermath. If you are a first responder who is one of the many experiencing symptoms typical of PTSD, the attorneys at the Lancaster law firm of Vanasse Law want you know your rights regarding PTSD and workers’ compensation claims for first responders.

    As a police officer, EMT or firefighter, you have a right to file a workers’ compensation claim for a physical injury, a mental condition, or both. Sometimes an accident that causes a physical injury will result in post traumatic stress, and workers’ compensation benefits will cover your expenses and lost wages that result from both.

    There are a number of symptoms of PTSD, and not everybody will experience the condition in the same way. Some of the most common symptoms include:

    • Difficulty in sleeping or frequent nightmares
    • Flashbacks of the precipitating event
    • Depression
    • Emotional detachment
    • Irritability
    • Self-destructive behavior
    • High level of anxiety or fear

    You may also experience many of the physical symptoms that are often associated with stress, including headache, fatigue, high blood pressure or ulcers.  Workers’ compensation benefits cover both physical and mental conditions, but it is important that you are properly diagnosed and follow all of the correct procedures in filing your workers’ compensation claim.

    First responders who believe that they may be suffering from post traumatic stress syndrome need to speak to an experienced PTSD workers’ compensation attorney. This is because in the state of Pennsylvania, the presentation of a mental injury as a compensable claim sometimes requires a greater burden of proof than is the case when a physical injury or physical stimulus is present. What the state Workers’ Compensation Board needs to see is that the working condition was objectively abnormal rather than subjective or perceived – they want to make sure that the situation isn’t simply that an employee is complaining that their boss has been consistently mean to them and claiming that it caused a mental injury. As a first responder,  you are exposed to unpredictable events on a daily basis, and if it causes you a mental injury, then you deserve workers’ compensation benefits. he best way to ensure that your claim properly communicates this is with the help of a knowledgeable lawyer from Vanasse Law.

    Work Injuries That Fall Outside the Scope of Workers’ Compensation

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    Getting seriously hurt on the job is a nightmare scenario for most American workers. Nobody wants to face the repercussions of an injury that could conceivably keep them off of the job, whether temporarily or over a long period of time. Neither do they want to go through the hassle of filing a claim for workers’ compensation for their medical expenses or lost wages. But accidents or injuries happen, and it is important that those who are entitled to workers’ compensation not only know the rights and benefits that workers’ compensation provides, but also what additional benefits may be available that fall outside of the scope of workers’ compensation. Workers’ compensation is a form of no fault insurance that provides injured workers with the ability to file a claim for compensation from their employers and their employers’ insurers to pay for their medical expenses, some of their lost wages and other expenses, all without having to pursue a personal injury lawsuit. But for those work injuries that fall outside the scope of workers’ compensation, an experienced attorney will be your most valuable resource for making sure that you get all of the reimbursement and compensation to which you are entitled. If you’ve been injured on the job, call the workers’ compensation attorneys at Vanasse Law today.

    There are specific injuries and acts of negligence that provide injured workers with additional opportunities for seeking compensation beyond workers’ compensation benefits. These include:

    • Illnesses or injuries caused by exposure to toxic substances on the job. These can include materials like asbestos, harmful chemicals, radioactive materials and other items. Rather than falling under the umbrella of workers’ compensation, these types of injuries would fall into the category of toxic torts.
    • Injuries caused by failures or defects caused by products that have been designed or manufactured in a faulty way, without the manufacturer having provided warnings against the dangers posed by using the equipment.
    • Injuries that are a result of intentional acts on the part of the employer. If the injuries result from intentional acts of fellow workers or third parties that are present on the worksite, those individuals or the companies for whom they work may be held liable.
    • Injuries that are a result of negligence on the part of a third party. This may include contractors or their employees who are working onsite, equipment manufacturers, those responsible for providing maintenance for equipment that is used on the job site, and others.

    If you have been injured on the job and your injury requires medical attention, time away from the job, rehabilitation, or long-term or permanent disability, then you need to protect your rights to file for workers’ compensation as well as any compensation that you may be entitled to beyond what is provided by workers’ compensation. For experienced legal counsel, contact the Lancaster law firm of Vanasse Law to learn more about your rights.

    Are Workers’ Compensation Settlements Given Lump-Sum or in Installments?

    When you have been injured at work and file a workers’ compensation claim, there are a few possible resolutions of your case. Your employer may agree to pay the claim without any type of litigation or appeals process, for as long as the need exists. Alternatively, your employer or their insurance company may deny your claim, and this can lead to you filing an appeal. The process of arguing for the validity of your claim and the benefits that you are entitled to can be long and involved, and can end in either a decision made by the workers’ compensation board or in a settlement offer from your employer’s insurance company.  Workers’ compensation settlements are usually paid out in a lump sum to the person who has been injured, and because lump sums are generally large amounts, it can be tempting to agree to an offer. It is important that you work with a qualified workers’ compensation attorney who can advise you about whether the offer that you have received is reasonable and fair, or whether you should continue to fight for the rights to which you are entitled. At Vanasse Law, we are experienced workers’ compensation attorneys who are dedicated to ensuring that you get the benefits that you deserve.

    There are a number of different factors that can impact the amount of a settlement offer made by your employer or their insurer, but the most important factor is the validity and strength of the case that you have filed on your own behalf. The more straightforward your evidence proving that you have suffered an injury in the workplace, the more likely it is that your claim would win within the system, and the more likely it is that the insurer will offer to settle. The insurance companies do a calculation that is based upon what will cost them the least amount of money – arguing against you in court or offering you a settlement that will fall under the amount that the amount that the workers’ compensation board is likely to agree that you deserve. One way or another the insurer is going to try to get out of the situation with the lowest possible payout, and that is why it is so important for you to have an experienced advocate working on your behalf and providing you with sound legal advice.

    Workers who have been injured on the job in the state of Pennsylvania have the right to settle their workers’ compensation claim rather than receiving weekly or biweekly benefits through the system, and though your employer’s insurance company is always likely to offer a settlement with a lump payment instead of working through the claims process, it is important to remember that in doing so they will offer an amount that is lower than what you would likely be awarded in court.  Contact the Pennsylvania workers’ compensation attorneys from Vanasse Law to ensure that you are well represented and get the benefits that you deserve.

     

    Why a Smaller Firm is the Better Option to Handle Your Workers’ Comp Claim

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    If you are considering hiring a law firm to represent you in a workers’ compensation claim against your employer, there are a lot of different options that you need to consider. You want to start by looking for a firm that has a significant amount of experience in labor-oriented lawsuits, as well a record of success in winning the cases that they pursue. You want to find an attorney that you feel understands the damage that has been done to you and is sympathetic to your situation. You want a practice that is convenient for you to get to and that has a strong reputation within the community. When considering all of these aspects of different firms, you also need to decide whether you want to use one of the big law firms that has dozens of attorneys available to work on your case, or whether you’d prefer a smaller firm. At the Lancaster law firm of Vanasse Law, we believe that a smaller firm is the better option for handling your workers’ compensation case. We are happy to provide you with the reasons why.

    There was once a time when a big law firm simply had better resources then small firms. They had enormous law libraries and could spend money on technology to help them work smarter and faster. But with the arrival of the internet and affordable technology, large and small law firms are on an even playing field in terms of resources. The content of the world’s most expansive law libraries are available through digital subscriptions, and legal software, computers, tablets, smart phones and other innovations are affordable for all. That means that rather than looking at what a big firm can buy, you need to look at the experience that each individual attorney has, as well as how they treat their clients.

    When you work with a smaller law firm, there is a very good chance that you will be working directly with a senior attorney, and perhaps even a partner, who has tremendous experience and is able to offer it to you without the various levels of fees that you find in a larger firm.  Smaller fees by nature have smaller expenses – that means that when you consider a big firm and look at the fees that they are charging, they have built in the costs of office rent, staff, attorneys and other overhead costs that smaller firms do not incur.

    Perhaps most importantly of all, when you work with a smaller law firm, you get the benefit of personal attention from the staff. Working with a large firm often means that even if you meet with a senior level attorney, there is a good chance that your case will be handed off to a lower level associate, whether you are aware of it or not. You are likely to be charged more for incidental extra fees, simply by virtue of the ‘big business’ nature of a larger firm.  At Vanasse Law, we take pride in our ability to provide you with high quality legal representation without the pressure that many larger law firms put on their attorneys to bump up billable hours. Our mission is to provide you with the legal counsel you need to win your workers’ compensation case. Call us today for more information.

    Reporting Unsafe Work Conditions

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    Workers’ compensation is there to provide for employees who are injured on the job. But what happens when you see an unsafe situation in your work environment and want to take action before you or any of your coworkers get hurt? Many times an employee will become aware of a work hazard and be uncertain as to what steps they should take, especially if they fear repercussions from their boss. The truth is that every employee is entitled to a workplace that is free of safety conditions that could jeopardize their health, and they have a right to report problems to their employer and/or the proper authorities. They even have the right to refuse to work if they feel that they are in immediate jeopardy. Here is some helpful information on reporting unsafe work conditions. If you are uncertain about your rights or feel that you are being punished for taking action, contact the Lancaster law firm of Vanasse Law for assistance.

    The federal agency that is responsible for ensuring that work environments in the United States are safe is the Occupational Safety and Health Administration (OSHA). Their mission is to make sure that employers provide a work environment that is safe and that won’t cause injury, illness or death. There are many safety standards that the agency has established to accomplish this goal, and their rules extend to the actions that employees can take on their own behalf. If you believe that conditions in your workplace present an immediate danger, you have the right to report the problem directly to OSHA. This applies to situations where you think that somebody is going to imminently be killed or suffer serious injury and your boss will not take action to address the problem. If you do not have time to report the problem to OSHA and you have no other reasonable options, you have the right not to go to work under the existing conditions, and not face repercussions.  Where the danger that is present is not imminent, the expectation is that the employee first addresses the situation with their employer in writing. Only after the employer fails to take action should the situation be escalated to OSHA or the state occupational safety agency.

    It is important for you to realize that in taking action to notify your employer or OSHA about a significant safety issue, you are protected against retaliation, including being fired or demoted, a pay cut, or any other form of negative action. If you feel that you have been a victim of retaliation, you can seek reinstatement of your previous pay level or job, and also receive compensation for any wages that you have lost in the interim.

    The primary interest of your employer is to make money, but they need to do so in a way that ensures that all of those that work for them are safe and healthy. If you are having a problem in the workplace or have already suffered an injury, contact the workers’ compensation attorneys at Vanasse Law today for immediate, knowledgeable legal representation.

    Workers’ Compensation and Job-Related Stress

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    There is a lot to be said for engaging in work that fills us with pride and a sense of fulfillment. How often do we hear about lottery winners who insist that they are not going to leave their job because of the sense of purpose that it provides to them.  This type of work environment is what we all hope and strive for, but is unfortunately not what we all have. There are many situations where our jobs fill us with stress and worry, and this can lead to both mental and physical issues. When a physical or psychological condition develops as a result of job-related stress, the costs can be very real: workers may need time off, may incur medical expense, and may even be unable to return to the work environment. Workers’ compensation provides coverage for both physical injuries and mental injuries that are caused by job-related stress, and the Lancaster law firm of Vanasse Law can help you get the benefits that you need.

    When it comes to stress and workers’ compensation, there are a few different categories of injuries for which you can claim benefits. These are:

    • Physical situation or injury that creates a mental injury. A good example of this would be that of an employee who was involved in a traumatic accident at work, such as a serious fall, or having suffered an amputation or having been badly burned, and then suffering from depression or post-traumatic stress disorder afterwards.
    • Emotional or mental situation that creates a physical injury. A good example of this would be that of an employee who was suffering severe stress on the job as a result of pressure or harassment on the part of a supervisor, and subsequently suffering a heart attack.
    • Emotional or mental situation that creates a mental injury. A good example of this would be that of an employee who was subjected to extreme harassment or discrimination on the job that subsequently results in them being diagnosed with post-traumatic stress disorder, depression, or anxiety.

    Though the first category cited here, a physical situation that creates a mental injury, is often the easiest type of job-related stress injury to prove, all three situations represent valid workers’ compensation claims that a qualified and experienced workers’ compensation attorney can help you with. Though employers and their insurance companies often initially reject a claim for workers’ compensation benefits for job-related stress, the workers’ compensation board and the Pennsylvania Supreme Court have both found in favor of employees in many of these cases, acknowledging that stress can have a very real and debilitating impact on a person’s physical and mental health that often interferes with their ability to perform their job responsibilities.

    If you are an employee who has suffered as a result of work-related stress, you are not alone. Contact the compassionate attorneys at Vanasse Law to learn more about your rights and how we can help you get the compensation that you deserve.

    Traveling to Work and Workers’ Compensation

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    As an employee, your focus on the job goes far beyond the hours when you are in your work environment. You think about your responsibilities from the time that you start getting ready in the morning and you rehash the day’s skirmishes hours past the time that you leave. But is your employer’s responsibility to you as all-consuming as your focus on them is? Not necessarily. A good example is the issue of traveling to work and workers’ compensation. Workers’ compensation is a no-fault insurance policy that your employer provides to pay for any injury or illness that you suffer while on the job – but there are only a few situations where your company’s insurance will cover you if you are injured while traveling to or from work. Here is some basic information on traveling to work and workers’ compensation that may answer some of your initial questions. If you have been in an accident or suffered some kind of injury while traveling to work, the experienced workers’ compensation attorneys at Vanasse Law can help you with your specific questions and situation.

    In most situations, workers’ compensation does not cover injuries that an employee suffers while on the way to or from work. Though an employee may think of their commuting time as being part of their job, from a legal and insurance perspective it is not. There are, however, certain scenarios that may entitle a worker who is injured while traveling to work to file a workers’ compensation claim. These include

    • Employees whose job responsibilities entail them being on the road on a constant basis. This can include sales professionals and traveling nurses for whom travel is an integral part of their responsibilities.
    • Employees whose job responsibilities require that they report to work when called, or on an “on-call” basis. This can include physicians or health care professionals and first responders. Employees that fall into this category are generally considered to be working from the moment that they are called to report in.
    • Employees that are traveling for business are covered by workers’ compensation when they are on their way to or from their business destination, and are often covered while at that destination even if they are not engaged in a recreational activity while away.
    • Employees that are asked to run a business or work errand while on the way to or from work. This exception also applies to employees that are asked to run a work errand in the middle of the work day.

    When it comes to being injured while on the way to or from work, every situation is unique and requires analysis by an experienced and knowledgeable workers’ compensation attorney. The attorneys at the Lancaster law firm of Vanasse Law have an extensive record of helping those who have been injured on the job to understand their rights and get the compensation that they deserve. Call us today to set up an appointment to discuss your case.

    Guidelines of Workers’ Compensation

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    Whether you’ve only worked for your company for a short period of time or have been with the same employer for dozens of years, you are probably covered by their workers’ compensation insurance. Workers’ compensation is an insurance policy that provides employees that are injured or sickened on the job with a way to be compensated for their medical expenses and lost wages without having to file a personal injury lawsuit against their employer. It also provides their employer with protection against that type of liability claim. Though the system was designed to decrease animosity, filing a workers’ compensation claim can, unfortunately, become an adversarial process. Having an experienced workers’ compensation attorney acting on your behalf is a good way of making sure that you are doing all the right things and have the best chance of getting the compensation you deserve. It is also a good idea to familiarize yourself with the basic guidelines of workers’ compensation provided here, but if you need assistance, contact the attorneys at Vanasse Law today.

    With a few exceptions, the state of Pennsylvania requires employers to carry workers’ compensation so that they can cover the costs of your medical expenses and lost wages. If you suffer an injury or are diagnosed with a work-related condition or illness, you need to give your employer notice within 120 days, though it is a good idea to let them know sooner than that.

    Once you have informed your employer of the problem, they have a responsibility to file a ‘first report of injury’ with the Pennsylvania Bureau of Workers Compensation’. In the meantime, you should seek medical treatment for your injury. In some cases, your employer may have a list of at least six health care providers for you to see; if they do have this list and you have signed a document showing that you have been provided with it, then you are required to see one of those professionals for the first 90 days after your injury. After that, you can seek treatment from whoever you would like.

    Your employer or their insurance company can choose either to approve your claim or deny it. If you receive a denial, you are able to file an appeal. It is strongly recommended that if this is the case, you have an experienced Pennsylvania workers’ compensation lawyer working on your behalf and representing you throughout the process. Your company is very likely to have an attorney representing them, and the process can be confusing, complex, and intimidating. Additionally, a workers’ compensation attorney may be able to identify others who can be held responsible for your injury, making it possible for you to file a third-party claim against them and get greater compensation for the damages that you have suffered.

    Workers’ compensation benefits provide you with much-needed compensation for your medical expenses, as well as a way to minimize the loss of wages that you may experience as a result of your injury. Let the knowledgeable workers’ compensation attorneys from the Lancaster firm of Vanasse Law help you to get the benefits that you deserve.

    Types of Partial Disabilities for Workers’ Compensation

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    Workers’ compensation is a no-fault insurance policy that ensures that employees who are injured or made sick on the job receive compensation for their medical care, as well as for the wages that they may lose as a result of their medical condition.  In some cases, an employee’s injury may preclude them from being able to return to their original work responsibilities, but they may be able to take on another role at the same company. When this happens and the wages for the new role are lower than what the employee was originally received, the employee may be eligible to receive a benefit known as “partial disability”. Partial disability is frequently part of an order by a judge or an agreement that has been reached as part of an injured worker’s agreement with their employer. For assistance with filing for partial disability or to make sure that you receive the amount that you deserve, contact the Lancaster law firm of Vanasse Law today.

    Partial disability benefits are not offered permanently. The amount of time that an injured worker is able to receive them is limited to a maximum of 500 weeks. It is important to know that this time period does not need to be uninterrupted: the payments can go on for a period of time longer than the nearly ten years that 500 weeks would represent if they were taken consecutively. Partial disability is designed to help make up for the loss of earning capacity caused by the injury or illness that took place on the job. It is calculated at a rate of 2/3 of the difference between the employee’s original average weekly wage and the wage that they will be paid for their new role.

    In addition to those benefits, there are other specific payments that can be provided to employees based on the type of injury that they have suffered on the job. These include:

    • Disfigurement Benefits: These are provided to employees who suffer disfigurement to the face, neck, or head that are considered to be permanent, unsightly, and serious. There is no specific dollar amount for this benefit: instead, it is expected that an agreement will be reached between the employee and their employer or employer’s insurer. The amount is not to exceed the dollar value of 275 weeks of pay. If no agreement is reached, the case can be brought by the employee to the Worker’s Compensation Board.
    • Specific Loss Benefits: These are specific dollar amounts assigned to various losses such as the loss of hearing or vision, or the loss of limbs or parts of limbs. These benefits are provided regardless of whether the employee returns to work or how much work time they miss.
    • Death Benefits: If an employee is killed on the job or by a job-related illness, benefits can be provided to their dependents.

    For assistance in applying for any of these types of workers’ compensation benefits or for help in filing a claim, contact the Pennsylvania law firm of Vanasse Law today.