Medical marijuana has provided a preferable alternative to pharmaceutical drugs for a variety of patients in Pennsylvania. The options available to persons who are experiencing chronic pain and a variety of other medical conditions in the United States were, as recently as the late 20th century, limited largely to opioids, muscle relaxers, injections, and a broad range of other drugs and treatments. These pharmaceutical drugs and treatments often have negative side effects and can lead to life-destroying opioid addictions.
If you have been injured on the job and mandatory drug testing revealed the presence of marijuana in your system, you may encounter difficulty collecting the benefits you need to cover the costs and damages linked to your injuries. Connecting with an experienced workers’ compensation attorney who knows how to navigate the legal complexities surrounding medical marijuana will support the best outcome in your claim.
Medical marijuana is governed by the PA Department of Health, which was signed into state law in 2016 to “provide access to medical marijuana for patients with a serious medical condition.” Despite the fact that a number of states have legalized medical marijuana in addition to variations on recreational markets that resemble alcohol, the Marijuana Policy Project notes that marijuana remains federally illegal.
Insurance companies may refer to federal legislation when attempting to deny or reduce the claims of injured persons who are found to be using federally illegal substances that may have led to them being “intoxicated” when the injury happened.
While medical marijuana might provide patients with legal treatment options, it is also important to understand that THC is different from alcohol in terms of measuring active levels in the body. While a blood or breath test can determine if an individual is chemically intoxicated by alcohol and a variety of other substances, marijuana lingers in the system for days or even weeks after the intoxicating effect has subsided. To collect on your workers’ compensation claim, it is essential to prove that you were not intoxicated by medical cannabis at the time of the accident. Working with an attorney familiar with navigating this complex process successfully can be extremely helpful for your claim.
To learn how an experienced local attorney from Vanasse Law can help you navigate the complex interrelationship between workers’ compensation claims and medical marijuana use, visit our site to schedule your free initial consultation. We’ll go over the important information about your accident and injury and determine what your case might be worth and how we can help if it’s a claim that fits with our focused and dedicated firm.
When you’ve been injured on the job in Pennsylvania and filed for the workers’ compensation benefits you are owed, it is possible that the insurer will request that you submit to a deposition. A deposition is testimony that is given under oath and can be used as evidence in your workers’ comp case. Counsel for the insurer will ask you questions related to your claim, and your ability to recover the compensation you are seeking can depend greatly on your answers. Because of this, the importance of being prepared cannot be overstressed. Following are some tips from our Lancaster hurt at work lawyers on being prepared for a workers’ compensation deposition.
The attorney for the insurer will ask you questions about events leading up to the accident, the accident itself, and events that have occurred since the accident. It is important that you know the facts of what happened and when they happened. Before the deposition, look at all the documents and evidence available to you and write down important dates and events, then commit these facts to memory. The counsel for the insurer may attempt to trip you up so that you will appear confused or that you are being intentionally false. Having a clear timeline committed to memory will help you stay focused and able to clearly and correctly answer the questions you are asked during the deposition.
Being injured and having to go through a deposition to receive the funds you are owed is extremely frustrating, and it is natural to want to be sure your story is heard in full. However, during a deposition is not the time to elaborate or speculate on what happened to you. When you are asked a question, answer it in a straightforward and clear manner. Do not embellish, speculate, or offer more than what has been asked. Keep your answers simple. When asked a “yes” or “no” question, answer verbally either “yes” or “no.” No further explanation is needed or wanted.
You may feel that you are unable to fully express your side of the story when you are forced to give such a direct answer. Keep in mind before the deposition is over, your lawyer will be able to ask you questions. This will be your opportunity to set straight any matter you, or your lawyer, feel has not been properly addressed.
Much of the nervousness brought on by a deposition can be mitigated by being familiar with the deposition process and the people that will be present. While all depositions may vary to a certain degree, in most cases your attorney will ask you questions first. Then, the attorney for the insurer will ask you questions. After that, one of your Lancaster hurt at work lawyers may ask you more questions. In truth, the attorneys may go back and forth several times.
The people at the deposition are generally:
A deposition does not typically occur in a courtroom, but it is a legal proceeding and the testimony taken there is admissible in a court of law. Therefore, it is best to approach the deposition with a serious and respectful attitude. Your attire should be business casual, and your demeanor should be calm and courteous.
Your credibility will have a substantial impact on how your case proceeds. If you appear to be truthful and reasonable, the odds are in your favor. Also, there may be times during the deposition when you feel you are close to losing your composure. When this occurs, you are allowed to ask for a break so that you have a minute or two to calm your nerves before continuing with the deposition.
Being deposed means being asked questions by the attorney for the insurance company. You can rest assured that their attorney will know the law and will be attempting to settle your claim for as little as possible. The last thing you want to do is go through this process without one of your own Lancaster hurt at work lawyers representing your interests and helping you obtain the benefits you deserve. Your lawyer will help you by:
Receiving the compensation you deserve after being hurt on the job shouldn’t be difficult. Unfortunately, it often is. The good news is that you don’t have to do battle alone. One of our Lancaster hurt at work lawyers at Vanasse Law, LLC, can guide you every step of the way to help you recover the compensation you deserve. Contact our firm today to learn more.
We know you have choices when it comes to hiring an attorney to help you with your on-the-job injury. Following are ten qualities we believe you should look for in a Lancaster workers’ comp lawyer before deciding whether or not you will hire them. Just remember, at Vanasse Law, LLC, we are proud of our reputation and the work we do and we don’t mind when you compare us to the competition because we know we will stand up to the test.
When you are considering a Lancaster workers’ comp lawyer, one of the first things you need to look at is their level of experience. How many cases have they handled? You may be able to find the answer on your own, but it is not a bad idea to straight-out ask about it. It is also a good idea to ask if they have handled cases with injuries and circumstances similar to your own.
Word of mouth is sometimes the best way to find out whether or not a certain Lancaster workers comp lawyer is worthy of your case. Simply ask around to friends and family that you trust. If they have a recommendation, find out if they have actually used that attorney. If not, find out if they know someone that has. It is always better to speak to the actual client of the attorney so you can ask specific questions about their experience.
You will want to find out how successful a workers comp attorney has been in prior cases. If you ask a potential attorney about their success rate and they make it clear they do not want to discuss it, keep in mind it may be because they are not allowed to under their professional rules and regulations. Still, it does not hurt to ask and be clear that you are inquiring about their cases in general, not any one specific case.
This is an important quality to look for. Some attorneys just dabble in workers’ compensation while others devote their entire practice to it. Workers’ comp is a niche area of the law and you need counsel that stays on top of what is happening and knows the ins and outs of how it works. It is best to look for a firm that dedicates all its resources to workers’ comp as they are more likely to know the best way to proceed in your case.
Some lawyers are bad communicators, while others have a system in place to address communication with clients. Ask how an attorney addresses client concerns. For example, you may want to inquire how long it takes to receive a response to a question you have. Also, is there an extra fee for questions asked outside of normal business hours? Will your concerns be addressed by the attorney or their staff? How often can you expect status updates? Asking these questions on the front end helps to ensure that you and your Lancaster workers comp lawyer are on the same page from the get-go.
Some firms are local to the area they practice in and their attorneys know the people, companies, and industries that make the area special. Other firms are satellite offices of larger firms and they rotate out-of-town attorneys to the local office. Sometimes these firms have one founding attorney that is the spokesperson, but it is rare that you ever actually see this person.
Having a Lancaster workers comp lawyer that actually knows your town is something that makes most clients feel more comfortable and understood.
When you meet with a potential attorney, gauge how they make you feel. Are you comfortable around them? It is important that you feel like you can talk to your lawyer and that they care about what you are going through. If you feel like you are a bother or that your case is unimportant to them, you should probably look elsewhere for representation.
Many workers’ comp cases settle outside of the courtroom, but others do not. You need a lawyer that knows when they are being lowballed and is not afraid of going to battle in the courtroom when necessary. Ask an attorney you are considering about their courtroom prowess.
Many workers comp cases are settled without going to court as it is typically the most cost-effective solution. An attorney needs to be able to effectively argue your case to ensure you receive a maximum settlement amount, and they need to know how to structure your settlement so that your benefits are maximized. For example, if you are receiving, or plan to receive, any type of government benefits, that will need to be considered when your settlement plan is established.
Is the attorney you are considering able to give your case the attention it needs? Or is their plate so full it is likely your case will be brushed aside? These are questions you need answered when you are choosing a Lancaster workers comp lawyer. Ask any potential counsel about their caseload and address your concerns. This is also a good time to find out about their staff and other resources. Does the attorney handle each case exclusively, or do they have staff to assist? There is no wrong answer to this question. It is just a matter of personal preference, but one that should be addressed.
A Lancaster workers comp lawyer from our firm will ensure you receive maximum compensation for your work-related injury. Contact us to learn more about how we can help you.
Workers’ compensation is a highly specialized area of the law, and like most areas that have their own rules and method of compensation, there are a lot of misconceptions about how the workers’ compensation system operates. Following are 10 common misconceptions the average worker has about their benefits.
Many workers think that their employer decides whether or not they have a valid claim and are able to seek workers’ compensation benefits. This is simply not true. The employer has 21 days from the time the employee provides them with notification of their injury to either deny the claim or issue a notice of compensation. If the claim is denied, the worker can then look at their options for appealing the decision.
This misconception has two parts: that the injury must be received on site and it must be received while actually performing job-related duties. First of all, in Pennsylvania, a worker may be entitled to workers’ compensation benefits if the injury occurred while they were furthering the business or affairs of their employers. In other words, it is not required that the injury occur on-site. However, if the worker was on-site when the injury occurred, they do not have to have been actively engaged in their job when the injury occurred.
Unfortunately, many workers are discouraged from making a workers’ compensation claim because they fear their employer will fire them or otherwise retaliate against them for filing the claim for benefits. Under Pennsylvania law, employers are banned from firing or retaliating in any way against a worker that files a claim for workers’ compensation benefits. If they do, then the employee should seek immediate assistance from an attorney.
A worker in Pennsylvania may be able to receive workers’ compensation benefits for an injury that they caused. This is not to be construed to mean that they will recover benefits for injuries that they intentionally caused to themselves. In other words, if the worker accidentally hurt themselves, they may be entitled to compensation. If, however, they purposely hurt themselves, they will not be entitled to workers’ compensation.
Filing a claim for workers’ compensation does not necessarily mean that the worker is able to stop working altogether. It depends on the nature of the injury, the doctor’s orders, and whether or not the employer is able to accommodate the restrictions put in place by the physician. For example, if the doctor says the worker can work as long as they are able to sit rather than stand while working, and the employer is willing to provide a chair and allow the employee to sit for the duration of their shift, then the employee cannot just quit. Doing so can jeopardize the worker’s ability to receive any benefits through workers’ compensation.
Some workers believe that if they have a previous injury or underlying condition they cannot recover workers’ compensation benefits for an injury. This is not the case. If a worker sustains a new injury that aggravates a pre-existing injury they should be able to recover workers’ compensation benefits.
Employees in Pennsylvania are eligible for workers’ compensation benefits even if they are not employed full-time. As a matter of fact, anyone injured while working is eligible, including part-time and seasonal workers. A worker should not refrain from filing for workers’ compensation benefits because they are not considered to be a full-time employee.
An occupational disease is a condition or disorder that occurs as a result of a person’s work activities or environment. Workers that develop a disease that is related to their occupation are eligible for workers’ compensation benefits. An example would be if a person that works with coal dust is diagnosed with silicosis, a long-term lung disease. This could be considered a work-related occupational disease. Another example is when a person has a job that requires them to consistently be around noise that reaches 85 decibels or higher. This can result in permanent hearing loss for which they may be entitled to workers’ compensation benefits.
Far too many workers mistakenly believe that if their claim for workers’ compensation benefits is denied they have no recourse. There is an appeals process that they are able to go through to have that denial reconsidered. In many cases, claims that should have been approved initially are denied and it is only through the appeals process that the worker is awarded the benefits they are entitled to receive. Workers’ compensation insurance carriers actually count on workers simply accepting the denial and not pursuing an appeal.
Having a workers’ compensation attorney helping you with the claims process is greatly beneficial. Your lawyer will know how the workers’ compensation system works in your state and the steps you need to take to obtain the benefits you deserve. They are also able to clear up any misconceptions you have about your benefits, rights, and responsibilities. Finally, a workers’ compensation attorney will alleviate the stress that comes from fighting for your benefits without the assistance of counsel.
An attorney at Valnesse Law, LLC, can help you understand your rights and what you can expect from the worker’s compensation process. Contact our firm today to schedule a no-obligation initial consultation.
When you have suffered an on-the-job injury, you may feel as if you are at the mercy of your employer as you attempt to recover the compensation you are due. However, you don’t have to be. By retaining a Lancaster work injury lawyer at Vanasse Law, LLC, to assist you with your workers’ compensation claim, you have someone advocating for you and ensuring your rights are protected. Following are 10 specific reasons why you should have a Lanacaster work injury lawyer by your side.
You work hard at what you do; you know your job, and you are good at what you do. You are not, however, experienced in workers’ compensation law and the claims process. For someone new to this area of the law, it can be overwhelming. That’s why you need a Lancaster work injury lawyer from Valasse Law, LLC, to assist you with the process. We know how to deal with employers and the insurance company and we handle the process for you, from start to finish.
Many workers’ mistakenly assume that a prior injury means they cannot recover for a new injury, or aggravation of a previous injury, when an accident occurs. The truth is, you may be able to recover for injuries sustained from a new accident, even if you have a pre-existing condition. Obtaining benefits may be a little more complicated, which is why having an attorney on your side is so beneficial.
Everyone that files for workers’ compensation wants the process to be over as soon as possible so they can move forward with their lives. One way to make certain the procedures moves as swiftly as possible is to provide the correct information when the initial claim is made. A knowledgeable workers’ compensation lawyer will be sure that your claim contains everything it needs to be successful from the get-go.
As a novice to workers’ compensation, you likely don’t know what your injury is actually worth. A well-seasoned lawyer will know what you deserve for the injury you sustained, and will ensure that you recover the correct amount. At times like this, you cannot rely on the insurance company to look out for your best interest. While they may seem to be on your side, in reality they are looking for a way to deny, or reduce, the amount you are owed under your claim.
Under certain conditions, you may be entitled to a one-time payment for the injuries you sustained. If the bills are piling up, it may be in your best interest to go this route and accept a lump sum payment. To be sure you receive the maximum amount, and do not settle for less than you deserve, a Lancaster work injury lawyer should handle the negotiation process on your behalf. Your lawyer will also ensure the agreement, once reached, is worded correctly to protect your ongoing interests.
As an injured worker, there may be other benefits besides workers’ compensation to which you are entitled. This includes Social Security, unemployment, disability, and government sponsored healthcare. Whether or not you are entitled to additional benefits is a matter your attorney can address with you. Without a lawyer working on your behalf, it is likely you would not be made aware of these benefits.
In an ideal world, your employer will agree that you have suffered an injury, report it, and follow through with helping you receive your compensation. Often, however, this is not the case, and the employer fails to report the injury or even denies that the injury occurred. Many employers do this because they feel their worker won’t appeal their decision. When this happens, having a lawyer involved is critical.
Employers and insurance carriers often have teams of attorneys at their disposal, looking out for their interests, including their bottom line. As unfair as it may be, they are much more likely to take you -and your claim- more seriously when you are represented by an attorney. They realize their normal money-saving tactics will not take them far, and that you have a claim they should take seriously.
When a third-party, such as a vendor your company uses, is involved in your injury, the claims process becomes more complicated and you may need to file a lawsuit against the vendor themselves. The correct steps you need to take to maximize your recovery will be explained to you by your attorney, and if a lawsuit needs to be filed against the third-party, they will help you with that process.
Filing a personal injury lawsuit against a third-party may be more beneficial to you as you can recover non-economic losses, such as pain and suffering, which are not allowed in a workers’ compensation claim.
Employers are not legally allowed to retaliate against employees that file workers’ compensation claims. Even so, many do, although they may try to disguise it as something else. If your employer takes retaliatory action against you, you may be entitled to certain damages. Proving the actions of the employer are due to your filing the workers’ compensation claim can be difficult, and the help of an attorney is often required.
Don’t try to negotiate your workers’ compensation claim on your own. Instead, retain a Lancaster work injury lawyer at Vanasse Law, LLC, to handle the process for you. Our legal professionals have the experience and knowledge you are looking for in your attorney. We may be reached by calling 717-397-1010 or via our contact page.
Workers’ compensation rules and regulations can be entirely too complex for the average injured worker, and your employer and their workers’ comp insurance company are of no help whatsoever since their interests directly conflict with an injured worker’s interests.
If you’ve been hurt at work, your very first call should be to a Lancaster workman’s compensation lawyer at Vanasse Law LLC. Most injured workers are not aware that any statements made to their employer or insurance company may jeopardize their chances of obtaining full financial compensation for their injuries.
Below are answers to injured workers’ most common questions regarding workers’ compensation.
Workers’ compensation is, in its most basic sense, a state program designed to compensate employees who are injured on the job. These injuries are commonly referred to as “work-related injuries.”
According to the Pennsylvania Workers Comp Act (the “Act”), a work-related injury is any injury, medical condition, or disease that is caused by a person’s job. There are no examples given by the Act, but it is clear that the condition must be related to the worker’s employment. Additionally, a work-related injury includes occupational diseases and pre-existing conditions that are aggravated by one’s job.
Section 311 of the Act requires notice to be given within 21 days after a work-related injury is sustained. But for a variety of reasons, you should inform your employer immediately.
Under Section 306(f.1)(1)(i) of the Pennsylvania Workman’s Comp Act, an injured worker must be treated by a “company doctor” for 90 days from the first visit, provided that:
An injured worker can receive treatment from any doctor or health care provider upon the employer’s failure to take these steps.
The wage loss benefits are based upon the injured worker’s “average weekly wage,” which is generally 2/3rds of the amount the worker had earned before getting hurt on the job (although there are some exceptions).
There is no hard time limit for receiving benefits. Injured workers may receive benefits until they settle their case or are ready to return to work. Nonetheless, many employers will attempt to limit how long a worker can receive workers’ compensation benefits in any number of ways.
Generally speaking, yes. Healthcare providers, doctors, and hospitals are paid for their services based upon a set fee schedule. You are never required to pay fees, including co-pays, for any medical care related to your work injury. Rather, medical care providers must submit their bills to the employer’s workers’ comp insurance company for payment.
Generally not. Injured workers give up the right to sue their employers, even if the employer’s negligence caused the injury, in exchange for receiving workers’ compensation benefits. However, there are some exceptions to this rule. For example, you may be able to sue third parties that may have been responsible for your injuries, such as in a case where you get hit by a vendor delivery van. You may also be able to sue your employer for intentional torts at work, such as being assaulted by your boss.
Yes. The employer and the employer’s workers’ comp insurance company will have you at a serious disadvantage. Remember that any insurance company’s primary goal is to make money. They make money by denying or delaying your claim, or, most commonly, talking you into an undervalued settlement with the lure of quick cash.
Workers’ comp laws in Pennsylvania are very complicated and difficult to understand, but the insurance company lawyers know them by heart. Attorneys who focus their legal practice on workers’ comp, like a Lancaster workman’s compensation lawyer at Vanasse Law, understand the law every bit as well as the insurance company.
Our team is prepared to level the playing field on your behalf, and often, the fact that you have retained a workers’ comp law firm is enough to force insurance companies into a favorable settlement. If not, we’ll take them to trial. A little-known fact is that insurance companies hate to go to trial, and will settle favorably if put to the test.
Vanasse Law LLC is a law firm that handles only workers’ comp claims in Pennsylvania. With us, you don’t have to worry about taking a back seat to the latest big payout personal injury client. If you have been injured at work or doing any work-related tasks, it’s very important that you call us first.
When the insurance company contacts you after reporting your injury, or even if your employer starts asking you questions related to the injury, you simply say: “Please speak to my attorney” and give them our phone number. We will represent you to your employer and the insurance company, and we will handle your claim for you so that you can realize your best possible outcome.
Our Lancaster workman’s compensation lawyer understands the law surrounding workers’ comp claims in Pennsylvania, and our team will be by your side through what may be a long-term serious injury issue. We’ll work hard to get you all of the financial compensation to which you’re entitled. Contact us today for a same-day response and a free consultation.
The Mayo Clinic defines chronic exertional compartment syndrome as “a…muscle and nerve condition that causes pain, swelling and sometimes disability in the affected muscles of the legs or arms.”
Again according to the Mayo Clinic, the signs and symptoms may include:
Pain caused by chronic exertional compartment syndrome typically follows this pattern:
Taking a complete break from exercise or performing only low-impact activity might relieve your symptoms, but relief is usually only temporary. Once you take up running again, for instance, those familiar symptoms usually come back.
Compartment syndrome is usually associated with athletes or crush injuries, and certainly may be a type of work-related injury, qualifying you for workers’ comp benefits. If you have developed compartment syndrome through work, let a Lancaster workplace injury lawyer help with your workers’ comp claim, so that your employer or their workers’ comp insurance company doesn’t talk you into an undervalued settlement.
If you’ve ever disregarded a simple sprained ankle or stubbed toe suffered at work, but then began to feel a fairly severe and uncomfortable pressure around the area hours later, this inflammation-type pain could easily turn into compartment syndrome. This complication can be deadly.
Generally speaking, compartment syndrome is an injury complication that causes increased pressure and bleeding within muscle tissue groups, which are surrounded by strong connective tissue called fascia. When this fascia is injured, blood and fluids rush toward the muscle tissue group, causing pressure. Any dangerously high pressure in the muscle tissue may impede the flow of blood throughout the affected tissues, and if the pressure is not released, it continues to build up and cause severe pain and muscle deterioration.
Compartment syndrome is a common complication with crush injuries. However, compartment syndrome isn’t confined to one area but may be caused by any number of work-related injuries.
Although compartment syndrome is relatively obscure, any number of work-related injuries may lead to it. After even a seemingly minor injury at work, you should ask your doctor specifically about it during your post-injury exam. The last thing you need is the discovery of compartment syndrome after your case has been settled.
A Lancaster workplace injury lawyer at Vanasse Law LLC understands the dangers of compartment syndrome and can help you be sure your workers’ comp claim accounts for this dangerous condition. Contact us for a same-day response and a free consultation.
A large number of Pennsylvania residents work with scaffolding every day, most commonly in construction jobs or other building sites. If you are one of these workers, you know that scaffolding presents serious risks to workers. Many serious injuries and fatal accidents are caused by scaffold falls.
If you have suffered an injury at work in Pennsylvania due to faulty scaffolding, let a Lancaster workplace injury lawyer help with your workers’ comp claim so that your employer or their workers’ comp insurance company doesn’t talk you into an undervalued settlement of your claim.
Due to the inherent dangers involved in scaffolding work, the Occupational Safety and Health Administration (OSHA) (PDF) has developed strict guidelines for the setup and use of scaffolds on job sites. Employers must follow the guidelines set out by OSHA as part of the requirement to provide all employees a safe work environment. Some of the topics covered by the OSHA guidelines include:
The OSHA guidelines are comprehensive and detailed, but, as is the case with many government agency documents, they are formal and complex. Most construction veterans focus on common-sense safety tips, such as:
Scaffolds on the worksite are among the most dangerous tools at any construction site. Many construction workers simply won’t use them. If you’re a construction worker who has been injured by a scaffolding accident, a Lancaster workplace injury lawyer at Vanasse Law LLC can help you with your workers’ comp claim. After all, workers’ comp is all we do. Contact us for a same-day response and a free consultation.
According to the Center’s Orthopedic & Neurological Care & Research:
If you have suffered from an injury at work in Pennsylvania that requires total knee replacement, a Lancaster job injury lawyer can help you with your workers’ comp claim so that you can recover all the financial losses related to such extensive and extended medical care. We understand the laws in Pennsylvania and have experience dealing with severe, long-lasting injuries of all types.
Total knee replacements have become a regular culprit in Pennsylvania workers’ comp claims. They may occur when a worker has a preexisting condition, such as arthritis, which is then aggravated by a work injury, or when the work injury itself causes damage to a previously healthy knee.
Part of the problem is unrealistic expectations. Candidates for the procedure are often told that total knee replacement is the “cure” for their chronic knee pain or that the procedure will “reduce knee pain by X%.” However, research has suggested that a significant number of total knee replacement recipients are unhappy with the results and that a substantial number of recipients weren’t even ideal candidates in the first place.
Still, it cannot be discounted that most people do well with their total knee replacement. Nonetheless, as is the case with any type of surgery, the procedure does carry certain risks, which may include:
As discussed, all of this comes with the risk that the procedure simply won’t relieve your pain in any meaningful way.
There is a procedure called “minimally invasive total knee replacement,” during which a smaller incision is used and is often performed under general or spinal anesthesia. This procedure causes less damage and is easier to tolerate and recover from. It may not, however, provide adequate repair or relief from pain. A Lancaster Job Injury Lawyer at Vanasse Law LLC can help you discuss your options with your doctor and select the best procedure for your particular circumstances.
Whether you’re considering total knee replacement or minimally invasive total knee replacement, you need to look at all of your options and how each impacts your workers’ comp claim. A Lancaster Job Injury Lawyer at Vanasse Law LLC can help you with your claim; simply contact us for a same-day response and a free consultation.
Many states have seen the gradual erosion of workers’ comp benefits in favor of employers and their workers’ comp insurance carriers. In Pennsylvania, one of the mechanisms available to employers or their insurance companies is to “modify;” in other words, reduce workers’ comp benefits through the Labor Market Survey (LMS), also known as the “Earning Power Assessment” (EPS).
If you have suffered from an injury at work in Pennsylvania, a Lancaster workers comp lawyer will help you recover the maximum benefits allowed by law. This is particularly important as laws change or benefits are reduced, in that understanding your rights under the law is critical in recovering all of the benefits you are entitled to.
An issue arises when injured workers have physical limitations that prevent a return to their previous occupation. One of the changes negatively affecting workers was the creation of the LMS or EPS. Before the change in Pennsylvania law, if an employer or their workers’ comp insurance company wanted to reduce a worker’s benefits, the insurance company was required to refer the injured worker to jobs that were open and available.
If the injured worker made good faith applications to these jobs and was not hired, these jobs were deemed unavailable, and the worker’s benefits would continue. Employers and their workers’ comp insurance companies determined that this process was not favorable enough for them, and subsequently lobbied for changes to the Pennsylvania workers’ comp law.
So, in 1996, the Pennsylvania legislature passed Act 57, which allows benefits to be reduced as long as the employer or insurance company can show that suitable LMS/EPA employment is generally available to the injured worker in the worker’s usual area of employment.
Pennsylvania courts have litigated the LMS/EPA issue and decided that the employer or insurance company may reduce benefits and only has to address the LMS/EPA issue if an injured worker offers evidence that a suitable job is available with the employer, at which point the employer or insurance company has to show no such job exists. This ruling ignores the fact that it is far easier for an employer to show an absence of a job than it is for an injured worker to show a suitable job exists. This seemingly small change to workers’ comp law is reflective of the ways in which the law continues to slowly erode the rights of injured workers.
A reduction in workers’ comp benefits can have a substantial impact on the quality of life for workers who have been injured on the job. A Lancaster workers comp lawyer at Vanasse Law LLC can help you with your claim and be sure that you are receiving all of the benefits allowed by law. Contact us for a same-day response and a free consultation.
30 East Roseville Road, Suite C
Lancaster, PA 17601
Phone: 717-397-1010
Office Hours:
After Hours: 717-471-2168
Fax: 717-397-2644
Vanasse Law LLC is conveniently located just north of center city Lancaster just off Route 30. We are in Sterling Center just off Lititz Pike/Route 501. Our office has plenty of free parking and is handicapped accessible.
Located in Lancaster, Pennsylvania, Vanasse Law LLC serves injured workers throughout Lancaster County and surrounding communities.
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