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    Archive for the ‘Workers’ Compensation’ Category

    What is the Workers’ Compensation Process?

    workers' compensation process

    Work does more than pay the bills and put food on the table. For many of us, the work we do provides real meaning and rewards. When we suffer a serious injury on the job, it not only has a physical impact but can also create uncertainty. This is especially true when the injury requires expensive medical treatment or keeps us from returning to work. If you have suffered an injury in your workplace or have become sickened or developed a condition as a result of your job, then you may be entitled to file a claim for workers’ compensation benefits. These benefits can not only reimburse you for the cost of your treatment and care, but also provide a percentage of any wages that you lose as a result of your injury and the corresponding period of recovery. In Pennsylvania, there is a specific workers’ compensation process that you need to follow in order to give yourself the best chance of getting the benefits that you deserve. The experienced workers’ compensation attorneys at Vanasse Law can explain what you need to do and assist you in the process to ensure that you get the compensation that you need and deserve.

    The first step of the workers’ compensation process is to file your initial claim. This must be submitted to your employer within 21 days of your injury, or your discovery of the work-related condition if you want to receive benefits after missing work for seven days or more. Doing this properly is essential. Your statement to your supervisor, Human Resources department, or other responsible representatives should include the date of the injury, how and where the accident occurred, and what its physical impact or diagnosis is. If you do not file a claim within 120 days of the injury then you risk forfeiting your right to benefits entirely.

    Once you’ve submitted the claim it is likely that you will need to provide complete documentation of your injury and any bills you incur. Your employer may require you to be seen by specifically approved physicians, whose names they will make available to you. It is important that you adhere to all medical advice and keep track of all appointments, as this may assist you in an appeal at a later date.

    Once you have submitted your claim your employer will report it to the state Bureau of Workers’ Compensation. They will review your claim and either decide to provide you with compensation or issue a denial of benefits. If you receive a denial of benefits then you have the right to appeal this decision.

    Though there is no requirement that you have legal representation when submitting a workers’ compensation claim or appeal, it is strongly suggested that you do. Your employer or their insurance company will have experienced legal counsel working on their behalf, and you will need a strong and knowledgeable advocate fighting for the benefits you deserve. Call the attorneys at Vanasse Law today to learn more about how we will work for you.

    Should I Settle My Workers’ Compensation Claim?

    workers' compensation claim

    If you’ve suffered a significant injury in the workplace and have filed a workers’ compensation claim, there’s a good chance that your employer or their insurance company will offer you a specific lump sum of money in exchange for waiving your right to continue receiving weekly benefits or seeking any further compensation in the future. These settlement amounts frequently represent tempting amounts of money in the eyes of a worker who is facing mounting medical bills and uncertainty about their ability to return to work in the future. It is important that you give careful consideration before agreeing to this type of settlement, as once you’ve signed off on the agreement there will be no going back. The workers’ compensation attorneys at the Lancaster law firm of Vanasse Law are available to review the terms of the settlement and provide you with valuable advice as to whether the offer you’ve received is fair, or whether you deserve more compensation and should continue to fight for your rights.

    When you meet with a Pennsylvania workers’ compensation attorney from the law firm of Vanasse Law, you will get the benefit of our extensive legal knowledge as well as our experience. We will review the particulars of your injury, the medical treatments that you have already required as well as the long-term expectations for whether your health will improve, whether you will continue to need treatments for an extended period of time, and whether you will be able to return to work. We will also carefully evaluate your financial situation, analyzing whether other sources of income such as Social Security Disability or Medicare will be enough to replace your income should you be permanently disabled. You should never agree to a workers’ compensation lump-sum settlement without this type of careful review by a qualified attorney.

    A workers’ compensation attorney will review the settlement offer made by your employer or their insurance company with very specific issues in mind. They will consider how much money you were making prior to your injury and how long you worked for your employer. They will look at the position that you held, as well as your age, the number of years that you would have expected to earn an income had you not been injured, the exact medical condition that you suffered and what kind of expenses you can expect to incur in the future as you continue to be treated for it.

    The recommendations that we make will be based on your particular situation as well as on the settlements and benefits that constitute the norm for situations that are similar to yours. It is in our extensive experience in negotiating workers’ compensation agreements that you will find our greatest value, as we are committed to ensuring that you receive a fair and reasonable compensation payment, and we know exactly what that should be. To set up an appointment to discuss your case, contact our office today.

    Reporting Accidents in the Workplace

    reporting accidents in the workplace

    You’ve been hurt at work. Maybe you were involved in a serious and obvious accident. Maybe what happened to you wasn’t as obvious and you have been identified with a repetitive stress injury as a result of your job, or a cumulative occupational disease that was caused by exposure to a toxin in your workplace environment. Whether illness or injury, if it happened at work you may be entitled to workers’ compensation benefits such as compensation for your medical expenses and any wages you lose as a result. Though workers’ compensation is extended to almost all Pennsylvania workers, as the injured party you have certain requirements that you must meet in order to get the benefits you seek. The experienced workers’ compensation lawyers at Vanasse Law have a long and successful record of assisting injured workers, and we can help you too.

    If you have been in an accident and are suffering from symptoms, the most important thing for you to do is seek medical attention. If your physician identifies an illness that arose from your workplace, or you’ve been treated for an injury you suffered at work, then you need to report it to your employer immediately and in writing. Doing so sets into motion a series of events that lead to you getting the reimbursement you will need for the medical expenses you incur. Your employer may have a specific form that you need to fill out or may have a requirement for who is to receive notice of your situation.

    Pennsylvania law makes you responsible for giving your employer notification within 21 days of either your injury taking place or of you learning of your illness or injury. In some situations, they will allow up to 120 days for this notice. Your report may be submitted to the human resources department or your manager or supervisor. Once you submit a claim your employer has to send a notification to the Bureau of Workers’ Compensation. The employer may ask that you see one of the several physicians that they have specifically identified for treatment of employees seeking workers’ compensation, and you may need to see those physicians for a minimum period of time. Though it may feel as if there are a lot of rules and regulations, it is important to adhere to the guidelines established by Pennsylvania law. Failure to follow these protocols can result in your forfeiting your ability to get the reimbursement to which you are entitled.

    Workers’ compensation can provide a wide range of benefits, including reimbursement for medical expenses, lost wages, and short or long-term disability payments. Though an injured worker is not able to file a personal injury lawsuit against their employer, they still maintain the right to hold others responsible if there has been negligence involved in their injury. This can include other contractors in the worksite, as well as other third parties.

    If you have questions about your rights or have been turned down for compensation that you believe you deserve, the experienced Lancaster attorneys at Vanasse Law can help. Call us today to set up a convenient appointment.

    Loss of Limb and Workers’ Compensation

    loss of limb

    In the state of Pennsylvania, when you have suffered an injury or illness at work you are generally entitled to workers’ compensation. This benefit provides reimbursement for medical expenses, as well as a portion of the salary that you lose as a result of having to spend time out of work for recuperation and recovery. In some instances, the Pennsylvania Workers’ Compensation Act has established very specific compensation amounts based on suffering particular losses. Among these pre-established specific losses, awards are those that have been set aside for the loss of a body part. If you have been injured and work and it has resulted in the loss of a limb, workers’ compensation will not be able to fully reimburse you for your disability: but the state has recognized the change that this type of injury represents, and as a result, it has offered these values so that people will not need to argue or fight the insurance companies. The Lancaster law firm of Vanasse Law has successfully represented many workers who have suffered this type of injury, ensuring that they get the benefits to which they are entitled.

    If you have suffered the loss of a limb or body part, workers’ compensation provides for both a healing period and an additional number of weeks that they will pay benefits. For that time period, you will receive a weekly check that represents a percentage of what your average weekly wage was at the time of the injury. The time periods are shown here:

     

    Body Part Lost                Healing Period (weeks)                    Benefits Paid (weeks)

    Hand                                       20                                                               335

    Forearm                                20                                                                370

    Arm                                         20                                                                410

    Foot                                        25                                                                250

    Lower Leg                            25                                                                350

    Leg                                           25                                                                410

    Thumb                                   10                                                                 100

    First Finger                            6                                                                  50

    Second Finger                       6                                                                 40

    Third Finger                           6                                                                 30

    Fourth Finger                        6                                                                 28

    Big Toe                                    12                                                                40

    Other Toes                             6                                                                  16

    There are both advantages and disadvantages to these pre-established benefits having been created by the state. If you have suffered one of these losses and feel that you have recovered enough to return to your work responsibilities in a time period shorter than the period that the state provides, you are still able to receive the loss of body part benefit, even if you have returned to work. However, by contrast, if you have been severely harmed and do not feel ready to return to work after the compensation period ends, your employer is able to cite the maximum time period and stop making payments.

    Losing a limb can be both physically damaging and emotionally traumatic, and if it has happened to you then you are entitled to workers’ compensation benefits. You also may be able to pursue other responsible parties beyond your employer. The attorneys at Vanasse Law are experienced, compassionate workers’ compensation lawyers who are able to help you explore all of your options. Contact us today to learn more.

    Healthcare Workers and Workers’ Compensation Accidents

    healthcare workers and workers' compensation

    Though many people would assume that people who work in settings such as construction sites or manufacturing facilities are at the highest risk for worksite accidents, the truth is that it is the people who work in the healthcare and social assistance industry that are exposed to the most serious safety and health hazards. Though some of their risks come from illness, there is also a high risk for healthcare workers to be involved in workers’ compensation accidents for which they need to seek benefits. If you are a healthcare worker who has been injured on the job and you need assistance in preparing a workers’ compensation claim, or need information on your rights, contact the Lancaster law firm of Vanasse Law. We have the experience and knowledge that you need.

    The range of accidents that healthcare workers are at risk of experiencing is broad, and much of it depends upon the environment in which they work. Healthcare workers can be found in hospitals and clinics, dental offices and laboratories, emergency medical care offices, nursing homes, and individual patient homes, among other locations. They face exposure to pathogens and biological hazards, chemical and drug exposures, ergonomic hazards from repetitive tasks or lifting heavy objects or patients, and exposure from materials in laboratories or x-ray equipment.

    According to the Occupational Safety and Health Administration (OSHA), hospitals are actually one of the most hazardous places to work, with an average of nearly 60,000 work-related injuries and illnesses in a year. Musculoskeletal injuries are extremely prevalent, and out of all the different types of healthcare workers, it is most commonly seen in nursing aides, attendants, and orderlies who are responsible for lifting, repositioning, and transferring patients who have limited mobility. But in addition to medical staff, healthcare workers include housekeeping, food service employees, building and maintenance staff, and administrative staff. There are unique risks involved in working in healthcare, where employees are generally dedicated to the health and safety of others over their own and may be required to respond to unpredictable events quickly. There is a risk of everything from an accidental needle stick to a violent outburst from a patient.

    Of all the injuries suffered by healthcare workers in workplace accidents, the most common cause is overexertion and bodily reaction. These generally involve lifting, bending, or reaching. Second to those injuries are sprains and strains, which ended up resulting in the highest dollar workers’ compensation claims. Others include fractures, trauma, and cuts and punctures.

    If you are a healthcare worker who has been injured on the job and you believe that you are entitled to workers’ compensation, the Lancaster law firm of Vanasse Law can help. We have extensive experience in helping successfully apply for and win workers’ compensation benefits, and we are ready to provide you with the assistance that you need.

    Common Workers’ Compensation Concerns

    workers' compensation concernWorkers’ compensation is a form of no-fault insurance that became law in Pennsylvania over 100 years ago. It provides a safety net for workers who are injured on the job while assuring employers that they won’t be vulnerable to personal injury lawsuits. It provides compensation for medical expenses, as well as partial coverage for wages lost while out of work due to the injury, and as such it is an important benefit – yet one that few workers give any thought to until they are injured and actually need it. At Vanasse Law, we are here to help answer any questions you may have about your rights under workers’ compensation law and to give you the answer to common workers’ compensation concerns. Here are answers to some of the questions we hear most frequently from people who have been injured in the workplace.

    I hurt myself at work and told my boss. He says I have to see one of the doctors on the company’s list of approved physicians. Is that true? Why can’t I see my own specialist?

    Pennsylvania’s workers’ compensation law requires you to see a company doctor in certain circumstances – they have to have a list of at least six health care providers for you to choose from, they have to give written notification of the existence of this list, and have your written acknowledgment of having received this list. If all of these are in place then you have to see one of those doctors for 90 days from the time of the first visit.

     How long does workers’ compensation last?

    If you are receiving total disability wage loss benefits, there is no limit to how long you can receive payments. If you are receiving partial disability wage loss benefits, the maximum duration is 500 weeks, or just shy of ten years.

    I have been receiving workers’ compensation and have been working desk work, but have not been able to return to my full-time job. Now my supervisor says I have to come back or resign. Can they do that?

    No. If your physician says that you are still restricted to light duty then you have a right to continue doing so. Do not quit! If they lay you off you can still receive your workers’ compensation wage loss benefits.

    I had a heart attack that my doctor says was caused by stress at work. Can I file for workers’ compensation?

    It is possible to get workers’ compensation wages following a heart attack if your physician provides evidence that it was a result of the workplace environment. The attorneys at Vanasse Law can assist you in preparing and providing evidence of this claim.

    My Human Resources department wants to send the company nurse to my appointments with my doctor. Can I refuse this?

    You can’t stop them from going to the appointment, but you can say that they are not permitted in for the examination and you can tell the doctor that you do not want them talking to the nurse. If you have previously signed an authorization permitting your doctor to discuss your condition with a work representative, then you can withdraw that authorization.

    As these questions show, Pennsylvania’s workers’ compensation laws are complex and often difficult to understand. If you have suffered a workplace injury, the attorneys at Vanasse Law are ready to provide you with the answers and explanation you need and the legal representation that will get you the compensation you need and deserve.

    Steps to Begin Filing for Workers’ Compensation

    Lancaster workers' compensationWorkers’ compensation is available to workers who have suffered any injury, or any other kind of medical condition that was caused by their job. It doesn’t really matter what kind of injury it is, or even whose fault it was that the worker was injured. It doesn’t even matter if you the condition existed before if it was made worse by the job. What matters is that you can show that it was job related, and that you take the right steps when filing for the benefit. At the Lancaster workers’ compensation firm of Vanasse Law, we are committed to helping those entitled to workers’ compensation to get what they deserve, whether that is compensation for medical expenses, payment for wages that they lose during their treatment, recovery and rehabilitation, or payments for long-term or permanent disability. The first step in getting your benefits is to follow the process correctly. Here are the steps to begin filing for workers’ compensation.

    The first thing that you need to do is notify your employer of your injury. This must be done within twenty-one days after your injury, though you may have as long as 120 days. What’s most important is that you let them know, even if you don’t think that it’s a very important injury or that you won’t need treatment.

    Once you tell your employer, they have to tell their insurance company, and they have just 21 days from when you tell them to agree to pay for your claim or to deny it. You will need to give them proof of your injuries to get compensation, as well as information about whether and when you can go back to your job or if there are things you shouldn’t or can’t do. You’ll have to go to the company’s designated health care providers for 90 days if they have them.

    If your claim is approved, you’ll be able to get compensation for you expenses, as well as a portion of your average weekly wage. If it’s denied then you’ll need to file an appeal. Though you may have filed your initial claim on your own, if the insurance company or your employer issue a denial then you will need to file an appeal in order to get your benefits. At this point it is strongly advised that you begin working with an experienced workers’ compensation attorney, as they will be able to assist you with the process and help you to gather the evidence that you need to support your case. You will also need an attorney’s help if you receive a petition to terminate, modify or suspend your benefits.

    The workers’ compensation lawyers at Vanasse Law have a record of success in helping injured workers get the compensation and benefits that they deserve. Contact our office today to set up an appointment to discuss your case.

    Police and Firefighter Injuries – How a Lancaster Workers’ Compensation Attorney Can Help

    Police and Firefighter InjuriesEvery single day that they head off to work, police officers and firefighters put their lives and well-being on the line. Day in and day out, firefighters and police officers are exposed to traumatic situations that put them in harm’s way. They take on their role with courage, bravery, and commitment to the communities that they serve, and unfortunately their efforts often result in injuries. In the state of Pennsylvania, when these public servants are injured or sickened on the job, they are covered under the same workers’ compensation policy that almost every other worker in the state is. They are eligible to receive reimbursement for their medical expense after filing a workers’ compensation claim, and are also eligible to receive payment for lost wages if their injury. Unfortunately, as is true for other employees, there are some instances when these claims filed for police and firefighter injuries are denied by their employer or their employer’s insurance company. When this happens, the attorneys at Vanasse Law, LLC can provide the guidance and representation that they need.

    By their job definition police officers and firefighters are both responsible for keeping citizens safe. Ironically and at times tragically, they are often the ones who end up getting hurt while fulfilling their duties. The most obvious potential injuries faced by police officers include assaults, gun shots, stabbings, and car accidents, but just as is true for workers in other occupations, they are also at risk for overexertion injuries and stress. They run the risk of being exposed to dangerous chemicals or toxins, and unique to their positions they are at risk for exposure to radiation from traffic radar devices. Firefighters are most obviously at risk for burns, smoke inhalation and injuries sustained from the collapse of the buildings that they rush into, but they also are at risk for strains, sprains and muscular pain from overexertion and cancer due to exposure from hazardous condition such as the presence of asbestos or other toxins. Both groups are at risk for exposure to infectious diseases such as hepatitis, meningitis, HIV, and others.

    Firefighters in the state of Pennsylvania have special rights when it comes to the risk of occupationally-caused cancer. A law was created in 2011 that established cancer as a compensable disease for firefighters who have spent four or more years in continuous firefighting duties and who can prove exposure to a Group 1 carcinogen.

    Firefighters and police officers who have been injured on the job are encouraged to seek legal advice regarding their workplace injury or illness in order to ensure that all paperwork is in order and deadlines are met. Having an attorney by your side is the best way to ensure that your rights are protected and that you get the compensation that you deserve.  The attorneys at Vanasse Law, LLC are committed to providing all of our clients with the information and knowledgeable counsel that they need. Contact us today to book a free consultation.

    Lancaster Workers’ Compensation and Brain Injuries – Steps to Take

    Accidents that occur at work can range from minor to traumatic. Some have minimal impact on a worker’s ability to return to the job, but serious accidents resulting in brain injuries can be life-changing. These injuries can happen in a number of different ways, including violent acts on the job, machine entanglement, and vehicle crashes. A worker may suffer a brain injury from walking into a stationary object, from an object falling onto their head, from themselves falling from a height, and from slip and fall accidents. The different ways that brain injuries can occur and the wide range of severity of these injuries make each circumstance different, but in all cases when a worker suffers a brain injury on the job, they are entitled to workers’ compensation. The Lancaster workers’ compensation attorneys at Vanasse Law, LLC are here to help and guide you as to the steps you need to take to protect your rights and get the compensation and benefits that you deserve.

    When you have suffered an injury on the job in Pennsylvania, there are are certain steps that you must take in order to ensure that your rights to file for workers’ compensation are protected. It is important that you report your injury properly, immediately reporting the incident to your supervisor, personnel department or union steward as soon as possible. When you do so, you should be sure to provide them with the date of the injury, where the accident occurred, and what part of your body was impacted. This must be done within 120 days of the accident. Reporting the accident within 21 days makes you eligible to receive benefits after missing work for seven days.

    Once you have reported the incident, you need to make sure that all of your injuries and medical bills are well documented. You should seek medical attention as soon as possible – this may need to be from a physician approved by your employer. Make sure that you follow all of the doctor’s treatment instructions and keep notes on everything.

    Within three weeks of receiving notification of your injury, your employer can either accept or deny your claim. If they accept then benefits will soon be provided, but if they deny then they may either pay benefits without accepting liability or issue a denial. Then you have three years from the incident to file a petition with the Bureau of Workers’ Compensation and to have your case heard by a Workers’ Compensation judge. Having an experienced attorney by your side to act as your advocate is essential and will make a big difference in your success. Should the judge decide against you, a Lancaster workers’ comp attorney can then help you with an appeal to the Workers’ Compensation Appeal Board, the Commonwealth Court, and even to the Pennsylvania Supreme Court.

    The impact of a brain injury can last a lifetime. If you have suffered a brain injury as a result of an incident at work, then make sure that you have a passionate workers’ compensation attorney working on your side to make sure that you get all appropriate compensation. Contact the law firm of Vanasse Law, LLC today.

    Genetic Discrimination and Workers Comp – What to Do If Your Employer Discriminates Based On Genetic History

    There are many areas of the law that have been complicated by the advances of science. Examples include the ways that the use of cell phones has impacted driving safety laws, and where embryos that have been frozen in laboratories have become the subject of complex family law litigation. Modern science has also added a layer of complexity to many workers’ compensation cases, as employers have attempted to use an injured or disabled worker’s genetic history against them to dispute a workplace injury claim. The federal government has passed specific laws that prohibit discrimination on the basis of genetic information with respect to health insurance and employment, guaranteeing employees that they can not be discriminated against or robbed of any employment benefits based on their genetic information, but this has not stopped employers and their insurance companies from attempting to deny workers’ compensation claims. If you have been denied workers’ compensation benefits based upon family history, you need a knowledgeable and experienced workers’ compensation attorney to defend your rights. The attorneys at the Lancaster law firm of Vanasse Law can help.

    There are a number of conditions that have been linked to specific genes, but there is a very big difference between a genetic characteristic being a risk factor and is a direct cause of a specific condition or illness. Though there are certain genes that are tied directly to certain diseases, that is not the same as a risk factor, which is simply something that increases a statistical probability. Risk factors do not cause impairment. From the standpoint of being refused workers’ compensation, employers and their insurance companies have attempted to deny claims for such injuries as onsite heart attacks or strokes, claiming that they were caused by a genetic propensity towards high cholesterol, or that an alcohol dependency or addiction might have been caused by an inherited tendency. In some cases, they may ask an injured worker to provide disclosure of family history or genetic information in order to support their denial of a claim.

    Of particular concern in the state of Pennsylvania is the fact that when a worker seeks to claim that an illness such as cancer or lung disease is caused by occupational exposure, they are required to provide proof that the workplace exposure is more likely to have been the cause of their condition than any and all other possible causes, and genes can work against them. Add to that the requirement that a claim has to be filed within a limited amount of time of a hazardous exposure, and these claims can become even more difficult to prove.

    When you have suffered a workplace injury and fear that family history or genetic information may work against your workers’ compensation claim or appeal, you need to make sure that you have a knowledgeable, experienced, and passionate attorney representing you. Call the attorneys at Vanasse Law today. We will fight for your rights to compensation.

    Learn more about Workers’ Compensation HERE.