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    Archive for the ‘Workers’ Compensation’ Category

    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.

    5 Reasons to Call A Workers Comp Lawyer. You Deserve Compensation for Your Injuries

    Workers’ compensation is a benefits program that is there for workers in the state of Pennsylvania. It provides medical expenses and wage-loss compensation for those who are unable to work until they are able to go back. It also provides death benefits to the dependent survivors of those who suffer work-related deaths. Though almost every worker in the state is covered by the Pennsylvania Workers’ Compensation Act, that does not mean that getting the benefits that you deserve is a straightforward process. Employers and the insurance companies that provide workers’ compensation coverage have 21 days after receiving notice of an injury to either agree that it is work-related and issue a Notice of Compensation or Notice of Temporary Compensation or to deny your claim. Once a claim is denied you have the right to file an appeal, but this process can be complicated and intimidating. If you have been injured or sickened on the job and are considering filing a workers’ compensation claim, you greatly improve your chances of success by calling a workers’ compensation lawyer. When you deserve compensation for your injuries, the attorneys at the Lancaster law firm of Vanasse Law will fight for your rights.

    Though many people attempt to handle their workers’ comp claim and appeal on their own, doing so can be a mistake. The process can be confusing and requires adherence to highly specific deadlines and the gathering and submission of evidence. There are a number of reasons to call a workers’ compensation lawyer to assist you in your claim:

    • A workers’ compensation attorney will make sure that you are aware of all of the deadlines that you are required to meet, including when you need to provide notice of an injury, and how long you are required to receive care from the company-approved physician before being able to choose your own.
    • A workers’ compensation attorney will be able to advise you of whether you are able to hold other parties responsible for your injury. Though you can not generally file a lawsuit against your employer, there are many instances in which third parties may be found liable for your injuries. A workers’ comp lawyer will investigate this possibility and advise you of your rights.
    • A workers’ compensation attorney will be able to provide you with valuable information about other benefits you may be eligible to receive, including Social Security, unemployment or disability, and to help you to coordinate these benefits so that you are within the law.
    • A workers’ compensation attorney will represent you if your employer attempts to terminate, modify or suspend your benefits.
    • A workers’ compensation attorney will stand up to the insurance company’s lawyers during the appeals process.

    At Vanasse Law, we are passionate advocates for the rights of injured workers. If you have been hurt on the job, call us today to ensure that you get the compensation and benefits that you deserve.

    Learn more about Workers’ Compensation HERE.

    What to Expect When You Sue Your Employer for Workers’ Compensation

    Workers’ compensation is a special type of benefit that provides compensation for medical expenses as well as lost wages suffered due to an illness or injury that occurs at work. This is considered a “no-fault” benefit, which means that because it is offered, injured workers are not permitted to file a lawsuit against their employer – or even their coworkers – for negligence. However, the inability to sue an employer for workers’ compensation does not mean that no personal injury lawsuit can be filed, or that an employer can simply deny a worker’s claim and avoid having to provide compensation. When a workers’ compensation claim is denied, a workers’ compensation attorney can assist you in filing a claim petition in which you can appeal the initial decision. Additionally, there are many instances where a third party such as an equipment manufacturer may be in some way liable for your injury, and workers’ compensation does not preclude filing lawsuits against them. If you would like to know what to expect when you pursue your employer for workers’ compensation benefits after they have rejected your initial claim, the attorneys at the Lancaster law firm of Vanasse Law can help.

    There is a very clearly prescribed process to filing a Pennsylvania workers’ compensation claim. An employer or their insurer has just 21 days to issue a denial of a claim that has been submitted to them, and after that, the employee has three years from the time that the injury occurred or illness was diagnosed to file a claim petition. Once a petition has been filed the case is assigned to a workers’ compensation judge and a hearing is scheduled. At this hearing, the judge will listen to all of the evidence that you provide in support of your claim, as well as the evidence for why your employer has denied you benefits. At this point, the judge may refer the case for mediation or settlement. They may also simply hand down a written decision. Once the judge has made their decision, both the employee and the employer or their insurer have the right to file an appeal within twenty days to the Workers’ Compensation Appeal Board asking for reconsideration, and following this, there are other appeals possibilities. Appeals can be made to the Commonwealth Court, or even to the Pennsylvania Supreme Court.

    The Workers’ Compensation process is designed to be accessible to anybody, but the way that the system works, an employee is at a big disadvantage if they do not have an experienced, competent workers’ compensation attorney representing them – especially because there is a certainty that the employer or their insurance company will have legal representation. In order to give yourself the best possible chance of successfully winning your workers’ compensation claim, call the Lancaster law firm of Vanasse Law today.

    Learn more about Workers’ Compensation HERE.

    Farm Worker Injury Compensation: Understanding Workers Compensation for Lancaster, PA Farm Workers

    Pennsylvania is one of America’s most prominent farming states. The state boasts over 63,000 farms and ranks fourth in the country for dairy production, apple production, and grape production, and first for mushrooms. Though farming may evoke an image of a bucolic and peaceful setting, the truth is that it is a very dangerous profession, and agricultural employees are at high risk for work-related injuries. Despite the dangers inherent in the industry, workers’ compensation laws throughout the country do not necessarily apply to those who work on farms, and for those who suffer farm work injuries in Pennsylvania, those protections might be in place, but only under limited circumstances. Understanding worker’s compensation for Lancaster, PA farm workers is complex, but the attorneys at Vanasse Law are dedicated to ensuring that those who are injured on the job get the justice they deserve. If you’ve suffered a farm work injury, call us today and let us tell you how we can help.

    Though Pennsylvania does allow farmworkers to collect workers’ compensation when they have suffered a farm work injury, that is only provided on a limited basis. According to the law, Pennsylvania farm employers are only required to provide workers’ compensation if they pay one agricultural worker wages of $1,200 or more, or furnish employment to one employee in agricultural labor for thirty or more days in a calendar year. Additionally, the state courts have ruled against the rights of undocumented workers to receive replacement wages when they have suffered a farm work injury, though they do provide for medical benefits.  Trying to understand whether your employer is required to provide these benefits can be a complex process, and that is why you need the help of an experienced Lancaster, PA workers’ compensation law firm.

    Farmworkers are at risk for a number of injuries. Accidents can occur when working with heavy machinery or you may be injured while working with power tools. Farm animals can be unpredictable and can expose you to airborne illnesses, chemicals and pesticides can lead to a variety of conditions and toxicities, and you can develop repetitive stress injuries or suffer injuries such as broken bones or back strains. In all of these cases, the medical bills will quickly become overwhelming and you may be required to miss work or be completely disabled.

    Though the exclusions and limitations established by the state with regards to providing workers’ compensation to farmworkers may seem to work against your ability to get the compensation you need following your work injury, the lack of workers’ compensation does not preclude your ability to file a third-party personal injury claim that can provide you with similar benefits or compensation.  The attorneys at the workers’ compensation law firm of Vanasse Law have extensive experience in determining the best way to approach each farm work injury situation in order to maximize your ability to get the compensation that you need. Call us today to see how we can help.

    Learn more about Workers’ Compensation and Vanasse Law HERE.

    Industrial Worker Injuries: How Workers Compensation Helps Protect Lancaster, PA Industrial Workers

    Lancaster, Pennsylvania has a vibrant economy supported by diverse industries, including agriculture, manufacturing tourism, and healthcare. The community boasts hundreds of manufacturers and distributors and produces goods as diverse as farm machinery and linoleum, ball bearings, and a wide range of food products. Though the jobs that these businesses represent make valuable contributions to the financial health of the area, they also put local residents at risk of a variety of industrial worker injuries that can be devastating to physical health. If you are a Lancaster, PA industrial worker who has been injured on the job, the workers’ compensation law firm of Vanasse Law is here to help.

    It is mandatory for employers in the state of Pennsylvania to provide workers’ compensation insurance for their employees, and this insurance can come from a state fund, a private carrier, or employers can opt to provide insurance on their own.  There are highly specific rules regarding both compensation and the process of applying for workers’ comp benefits, and it is essential that anybody who has suffered industrial worker injuries or who is sickened on the job follows these rules in order to maximize their ability to collect the benefits that they deserve.  Injured workers have only 21 days to report their injury to their employer, and the following receipt of the report the employer has only ten days to submit a First Report of Injury to the Bureau of Workers’ Compensation.

    Though employees who are determined to be eligible for benefits are able to receive full medical benefits without limits, in order to be deemed eligible they must first see a physician that comes from their employer’s list of approved doctors, if such a list exists. Once the employers’ insurance company reviews a report of injury, they make a decision as to whether or not to pay the claim. If a claim is not denied within 21 days then the worker is supposed to receive a Notice of Temporary Compensation Payable Form or an Agreement of Compensation Form. Whichever you receive will need to be filled out and filed with the bureau along with a Statement of Wages Form. There is a tremendous amount of paperwork and investigation that often follows a workers’ compensation claim, even when the compensation is agreed to, and it is essential that all of this documentation is properly completed and filed in a timely way in order to ensure that compensation is received as quickly as possible.

    Even when everything is done correctly, the workers’ compensation process in the state of Pennsylvania can be extremely complex. Having an experienced attorney working on your behalf and representing you will give you the confidence and knowledge that your claim is being handled properly from start to finish. Call the Lancaster Pa law firm of Vanasse Law for help filing your initial claim, collecting all of the documentation you need to support your claim, filing an appeal, and representing you during hearings. We are here to help.

    Learn more about how Vanasse Law can Help Industrial Workers HERE.

    White Collar Workers Injuries: Common In-Office Injuries That Can Result in Workers’ Compensation

    When people think about workers’ compensation and the injuries that require applying for these benefits, they generally imagine work setting such as factory floors and construction sites. The truth is that serious work-related injuries can happen in every environment, including offices where white collar workers are employed. Whether an employee is a professional in a supervisory role or a clerical staff member, it is quite common for white collar worker injuries to occur, and as a result they may be eligible to receive workers’ compensation benefits. If you are an employee who has suffered a white collar worker injury and you need legal advice or representation, contact the Lancaster, PA law firm of Vanasse Law to learn more about your rights and how we can help.

    There are a number of ways that an employee can be injured in an office setting. From something as simple as a slip and fall at the office to the development of a repetitive stress injury such as thoracic outlet syndrome or carpal tunnel syndrome, any accidental injury, sickness, or death that is a result of something that happens in the scope of your employment may qualify you for workers’ compensation. In the state of Pennsylvania, having your claim approved means that you can receive medical benefits without limitation, as well as replacement of lost wages where appropriate.

    The most common office injuries that result in workers’ compensation claims are a result of slip and fall accidents. They may be the result of unsafe conditions, unattended spills, exposed cords, loose rugs, or cluttered areas. The presence of inclement weather often contributes to the hazards that are present: slippery stairways, icy parking lots, and water accumulation of floors are frequently the cause of injury. Additionally, many injuries are a result of poor workstation ergonomics that can lead to repetitive stress injuries, poor posture, and strains. Other problems that befall white-collar workers include indoor air-quality problems, the negative impact of too much noise, electrical hazards, insufficient lighting or lighting that is too harsh, and acts of violence in the workplace.

    If you work in an office environment and have suffered a workplace injury, it is important that you familiarize yourself with the proper procedures for reporting and responding to those injuries so that you can avail yourself of the workers’ compensation benefits to which you are entitled. Though many employees are hesitant about filing a claim, it is important to remember that workers’ compensation is a no-fault system – by seeking benefits you are not blaming your employer for your injury, and you are not holding them liable.

    The Lancaster, PA workers’ compensation law firm of Vanasse Law is familiar with all of the processes and procedures of filing a workers’ compensation claim and will guide you through them in order to make sure that you are able to avail yourself of the benefits you need. Call us today to set up a convenient time for a consultation.

    Learn more about Workers’ Compensation HERE.

    Workers Compensation 101 from a Lancaster “Injured at Work” Lawyer

    Workers’ compensation is a form of insurance that provides needed payments to an injured worker to cover hospitalization, medical expenses, rehabilitation, and other expenses needed to help them recover from their injury, regardless of who is at fault. Workers’ compensation is supposed to provide benefits to both employer and employees: The employees receive the compensation that they need and the employer does not have to defend themselves against claims of negligence. Unfortunately, though the system was intended to allow workers to easily file claims and receive the compensation and lost wages that they need, it does not always work that way. Employers and their insurance companies often make the process needlessly difficult, challenging workers’ compensation claims and delaying or rejecting payments. This leaves workers who are already suffering from their injury facing an uphill battle to get the compensation that they deserve. The Lancaster injured at work lawyers at Vanasse Law are here to help.

    In the state of Pennsylvania, the law states that those who are injured or become sick as a result of their job are entitled to workers’ compensation, but in order to get the benefits that they need, they have to follow a certain process.  This includes properly and promptly reporting your injury to your supervisor and to personnel. The state allows benefits after being out of work for seven days as long as you’ve reported the injury within 21 days from the time that the injury occurs. One way or another, you need to provide your employer with the date of the injury, where the accident occurred, and how you were affected within 120 days of the accident or you might lose your right to receive compensation.

    Once you’ve reported your injury appropriately, you are responsible for providing comprehensive documentation. You need to seek medical attention from an approved physician, keeping records of all medical bills and related expenses and following all treatment that is prescribed to you. At Vanasse Law, we have found it extremely helpful if injured workers maintain a diary or journal of all treatment you receive, as well as of the specific ways that the injury that you have sustained has impacted your daily life.

    The injured at work lawyers at Vanasse Law can provide you with legal representation that will help you with every step of the complex Pennsylvania workers compensation process. We will help you file your initial claim if you haven’t already done so, assisting you in collecting and preparing all of the essential documentation needed to prove your case. If you have already filed a claim and it has been rejected, we can assist you in filing an appeal and representing you during administrative hearings. We will also review your case to help determine whether you are eligible to file a personal injury claim against any third parties that may have contributed to your injury. At Vanasse Law, we are here to help. Call us today to set up an appointment to discuss your case.

    Learn more from our “Injured at Work” Lawyer HERE.