Archive for the ‘Workers’ Compensation’ Category

No matter what industry you work in or what type of work you do, when you’ve been hurt on the job you have a lot of challenges in store. We know that your primary goal is to get better, but that’s going to take medical attention and time. Getting the compensation that you need to cover your injuries and your time away from work shouldn’t be a chore, but it often is. In the state of Pennsylvania, the process can be extremely complex and time-consuming, especially if you attempt to go it alone. Having an experienced Pennsylvania Workers’ Compensation law firm by your side to represent you can greatly increase your chances of having your claim approved. At Vanasse Law, we have extensive knowledge of Pennsylvania’s Workers’ Compensation process. We know what needs to be done and will help you at every step along the way.

It can be hard to know what to do after you’ve been hurt at work. The Pennsylvania Workers’ Compensation system can be overwhelming and it’s easy to miss an important step or deadline. That’s why it’s so important to have an experienced attorney to guide you through the process.  The first thing that you need to do is to report your accident and any resulting injury to your employer. You must do this within 120 days of knowing that your condition is work-related – if you miss this deadline, your employer is not required to provide you with these essential benefits. After this, you are required to see one of your employer’s approved workers’ compensation doctors for the first 90 days of your injury. If your employer has a list of these physicians posted and you fail to use one of them, your employer is able to deny paying medical bills incurred during those first ninety days.

Once you have reported your injury, your employer needs to file a “First Report of Occupational Injury” with their insurance company as well as the Bureau of Workers’ Compensation. Upon receipt of this form, the insurance company has 21 days in which to review the claim and accept it or deny it. Your employer also needs to accept or deny responsibility for your injury. Denial will result in you receiving a Notice of Compensation Denial, while acceptance results in a Notice of Compensation Payable. If you are denied you will need to file a claim petition within three years of the day of your injury. This will lead to a hearing in front of a judge to determine whether you are entitled to benefits or not.

As you can see, the Pennsylvania Workers’ Compensation process is highly specific and complicated, but the experienced workers’ compensation attorneys at Vanasse Law have been working with the system for many years and can anticipate and address all of the potential outcomes. Call us today to set up an appointment to discuss your situation and see how we can help.

Learn more about PA Workers Compensation HERE.

As an employee, you have likely seen OSHA posters around your workplace, or perhaps you’ve heard coworkers or employee handbooks talk about OSHA regulations, but do you really know what OSHA is, what it does, or what its purpose is?  OSHA stands for the Occupational Safety and Health Act, which has been federal law since it was passed into law in 1970 under the administration of President Richard M. Nixon. The law’s purpose is to make sure that employers provide their employees with a work environment that is safe. It does this by providing specific guidelines and regulations for what compliance means.

In the state of Pennsylvania, job sites are required to follow federal OSHA regulations because the state does not have its own workplace safety and health standards. The OSHA regulations protect employees at every level, from owners and officers to hourly workers. It also protects the family members of the owners. If you are an employee, OSHA’s protections mean that your employer is required to keep your Jobsite free of hazards, as well as to keep you safe in locations where you are required to go for your job as well.  Despite the intentions of the law, violations of OSHA laws occur frequently. If you have suffered a workplace injury involving an OSHA regulation, the attorneys at Vanasse Law can help. Contact us today to see how the existence of an OSHA violation can provide you with leverage as you seek compensation for your injuries.

Despite the fact that OSHA standards are well-publicized and have been in place for years, violations and failures to maintain appropriate levels of protection occur frequently. Certain violations are more commonly seen than others, and failure to adhere to these standards can lead to serious injuries of employees in the workplace. The ten OSHA standards that employers most frequently fail to meet are:

• Fall protection
• Hazard communication
• Scaffolding
• Respiratory protection
• Powered industrial trucks
• Lockout/Tagout
• Ladders
• Electrical wiring
• Machine guarding
• Electrical systems design

Failure to make sure that these standards are maintained invites preventable injuries and illnesses. Though Workers’ Compensation benefits are not dependent upon negligence, exceptions are sometimes made when an OSHA violation was present, allowing an injured worker to file for additional damages under a third-party claim. When it can be proven that an employer was aware of an OSHA violation and willfully chose not to address it, then those injured as a result of the violation may be able to sue for pain and suffering, and even for punitive damages.

Employers are able to mount aggressive defenses of their lack of action to address OSHA compliance issues, so it is important that if you are filing a claim in conjunction with an OSHA violation, you have an attorney that has extensive familiarity with OSHA and Workers’ Compensation laws in Lancaster. The law firm of Vanasse Law is dedicated exclusively to helping those who are injured or made ill in workplace accidents. Call us today for more information on how we can help.

Learn more about OSHA HERE.

Nobody goes to work anticipating being injured on the job, but accidents in the workplace are an unfortunate fact of life, no matter what industry you work in.  If you have been injured in a work place accident or have been diagnosed with an illness that was caused by your job, then your employer and/or their workers’ compensation insurance company is obligated to provide you with compensation for your loss of earnings and payment of your work-related medical expenses.  If your insurance company is refusing to pay for your work-related medical expenses you should consult with an experienced, certified workers’ compensation attorney from Vanasse Law in Lancaster County, PA.

The Pennsylvania Workers’ Compensation Act provides that an employer/insurance company is responsible for payment of work-related medical expenses, as long as those expenses are deemed reasonable and necessary for treatment of the work-related injury.  Your employer/insurance company can be responsible for payment of the medical expenses even if you do not experience a loss of earnings as a result of your work-related injury.

Additionally, your employer/insurance company cannot unilaterally stop paying medical benefits on your behalf once a claim has been accepted.  An employer/insurance company can only stop payment of the medical expenses if you have agreed to settle your claim, a Workers’ Compensation Judge orders that they are no longer responsible or they have successfully filed a Utilization Review (UR), which determines that the treatment is no longer reasonable and necessary.  If you have an accepted claim and the employer/insurance company have been paying for your medical benefits but have now stopped then you should immediately consult with a certified workers’ compensation attorney from Vanasse Law to make sure that your rights are being protected.  If the insurance company wants to settle your workers’ compensation claim, is litigating to try and stop the claim has filed Utilization Reviews which have stopped the payment of medical expenses then you should consult with a certified workers’ compensation attorney from Vanasse Law as soon as possible to make sure that your rights are fully and completely protected.

Learn more about Workers’ Compensation Medical Benefits HERE.