In Pennsylvania, most employers are required to obtain workers’ comp insurance for their employees to ensure that injured workers receive compensation for medical expenses and wage loss.
The good news for workers is that they are not required to show that their employer was responsible for their injuries through negligence. If they are hurt at work, they receive the benefits. The bad news is that these workers’ comp benefits are employees’ only revenue for compensation. So, they are not allowed to sue their employer for the injuries, even if the employer was at fault.
If you have been injured on the job in Pennsylvania, let a Lancaster workers’ compensation attorney help you with this important process.
Various types of employers are exempt from the workers’ comp requirement. In other words, certain employers do not need to purchase unemployment insurance for their employees. This can have a significant impact on how injured workers go about recovering from their accident-related losses. These exemptions include employer hires only, each under various conditions:
Certain employees also have the option of requesting an exemption from coverage. These include:
In Pennsylvania, you may be able to bring a legal claim against your employer under certain circumstances, including:
Although the issues surrounding injuries and illnesses on the job can be pretty complex, the Lancaster workers’ compensation attorneys at Vanasse Law LLC are experienced in this area. If you have suffered a work-related injury or illness, we can help. Handling workers’ comp claims is all we do. Our experienced workers’ comp attorneys will help you examine your legal options and guide you through your workers’ comp pr legal claims process.
Let us help. Contact us online. You will receive a same-day response.
According to the World Health Organization (WHO), “an ‘occupational disease’ is any disease contracted primarily as a result of…exposure to risk factors arising from work activity. ‘Work-related diseases’ have multiple causes, where factors in the work environment may play a role, together with other risk factors, in the development of such diseases.”
Discussion of workers’ comp issues revolves around work-related injuries, but work-related illnesses can be just as dangerous and arguably more damaging in the long run. Furthermore, work-related illnesses can be harder to prove than a bodily injury claim. This is why it is a good idea to contact a Lancaster workers’ comp attorney for a free case evaluation. If you have what you suspect may be a work-related illness, Vanasse Law LLC can help.
Some common work-related illnesses include:
The main obstacle facing work-related illnesses is that for any particular illness or condition, you have to show it is indeed “work-related.” In other words, you have to show a link between the illness or your job. For example, black lung disease is caused by inhaling coal dust over a long period of time.
If you are a miner working for decades in a coal mine, there is little doubt that your work caused black lung disease. However, if you work in an office building a block or so down the road, showing the link can start to become more difficult.
Furthermore, unlike an injury, there is typically not a single “triggering event” that leads to a work-related illness. The illness may not develop into noticeable symptoms for months, years, or even decades after exposure to an illness-causing toxin. This makes it even more difficult to show a clear link between the job and the illness.
This difficult situation becomes even more difficult if exposure to some toxin at work merely exacerbated a pre-existing illness, as it is not only difficult to establish the link between work and the illness, but you also have to be able to show how much of the illness was pre-existing, and how much was compounded by your exposure at work.
Despite these challenges, there is good news. The Lancaster job injury attorneys Vanasse Law LLC are experienced in this area. If you have suffered a work-related illness, let us help. Handling workers’ comp claims is all we do. Our experienced workers’ comp attorneys will help you examine your legal options, which may include third-party claims, and guide you through the claims process.
Let us help. Contact us online. You will receive a same-day response.
If you are a worker in Pennsylvania with a serious job-related injury or illness, you’ve likely considered this question: “What happens to my workers’ comp benefits if I lose my job?” The good news is, employers cannot retaliate against an employee for filing a workers’ comp claim. In other words, you cannot be fired for simply filing a workers’ comp claim.
However, there may be other circumstances under which you may lose your workers’ comp benefits, and the rules are complicated. If you are receiving workers’ comp benefits and lose your job for any reason, contact a Lancaster job injury attorney at Vanasse Law LLC. We’ll discuss your claim with you for free.
There are a variety of reasons why people quit their jobs after an injury, some of which include:
Remember: accidents are just accidents; nothing more, nothing less. The workers’ comp laws don’t consider who was at fault. Generally, if you suffer a job-related injury or illness, you are entitled to your benefits. For help with your workers’ comp claim, contact the Lancaster job injury attorneys at Vanasse Law LLC.
Your workers’ compensation benefits should not cease simply because you have been laid off or terminated from your employment. Put another way, a workers’ comp insurer should continue paying wage loss and medical benefits even though the employee no longer works for the employer.
If you have suffered a work-related injury, when you return to work is generally determined by your doctors. Most likely, a doctor will release an injured worker to return to work with some restrictions regarding what they can do or cannot do. Providing your doctors with specific information about your job duties will allow them to maintain a good idea of your job’s physical requirements.
Generally speaking, you shouldn’t have to lose your workers’ comp benefits just because you lose your job. If you have suffered a work-related injury or illness, contact a Lancaster job injury attorney Vanasse Law LLC. Workers’ comp claim is what we do. Our experienced workers’ comp attorneys will help you explore your legal options, which may include third-party claims, and help you with your claims.
Let us help. Contact us online for a same-day response and a free case evaluation.
Under the Pennsylvania Workers’ Compensation Act (the “ACT”), most workers are eligible for workers’ comp benefits to help pay for their work-related injury or illness, including compensation for medical expenses and lost wages. However, employers may deny workers’ comp claims for many reasons. The trick is to avoid giving your employer any reason to deny your claim. Let a Lancaster workers comp lawyer at Vanasse Law LLC help.
To avoid the pitfalls of fighting through a denied claim, you should be aware of the most common reasons for denials. Such reasons include:
In Pennsylvania, employees have several rights to appeal a denied workers’ compensation claim. Employees may also have alternative options, such as a personal injury lawsuit or a third-party claim. Still, the appeals process is complicated, and personal injury lawsuits can be quite tricky. That said, we encourage you to speak with our Lancaster workers comp lawyer as soon as possible to learn more about your rights and options under the law.
If you are dealing with a claim denial, you do not need to handle it on your own. Contact a Lancaster workers comp lawyer at Vanasse Law LLC. Workers’ comp is what we do. Our experienced workers’ comp attorneys will help you examine your options and file any claims that are required.
If you have suffered a work-related injury or illness, contact us online for a same-day response.
In most cases, when an employee is injured on the job or develops an occupational illness, it is considered a workers’ comp injury that is eligible for a workers’ comp claim. For help regarding work-related injuries and illnesses, contact a Lancaster job accident lawyer at Vanasse Law LLC.
If the claim is approved, the employee can receive medical coverage, wage replacement, and other benefits as compensation for the injury. However, to access these benefits, both the employee and employer must follow certain steps to ensure the benefits are distributed.
Workers’ comp protects employees in that they do not have to establish fault by the employer. If you are hurt at work, benefits are likely available to you even if your employer did nothing wrong. Workers’ compensation also protects employers in that the benefits are generally the employee’s sole remedy — meaning you typically can’t sue the employer even if they were at fault. This is why workers’ comp is sometimes referred to as “workers’ comp insurance.”
Of course, our Lancaster job accident lawyer knows there are various exceptions to these rules. The process of filing a workers’ comp claim for a workplace injury or illness can be quite complicated because of the multiple parties involved. These parties may include the employee, the employer, the insurance company, the healthcare provider, and the state’s workers’ compensation board.
Workers’ comp covers injuries and illnesses that are within the “course and scope of your employment.” Most courts have interpreted this phrase broadly, in favor of the employee, and have been lenient regarding covered injuries. In general, if you were engaged in an activity that benefits your employer, your injury will be covered.
Some of the most common workplace injuries/illnesses include:
It can be difficult to determine if workers’ comp covers some types of work-related injuries or illnesses. If you have suffered what you suspect is a compensable injury, contact a Lancaster job accident lawyer at Vanasse Law LLC. Workers’ comp is what we do. Our experienced workers’ comp attorneys will help you explore your legal options, which may include third-party claims, and help you with your claims.
Let us help. Contact us online for a same-day response.
If you’re on workers’ comp, you’re already feeling the stress of providing for your family, are likely in some amount of pain, and possibly having trouble merely making it to all of your medical appointments. On top of this, you may be concerned about your company, as thousands of businesses are cutting back or simply going under. What happens to your workers’ comp if your business files for bankruptcy or simply shuts its doors?
If you have been injured on the job in Pennsylvania, and you fear for your company’s long-term viability, let a Lancaster workers comp lawyer help you through this difficult time.
In some cases, your company may seek to cut costs by laying off employees. If you are not working because of a workplace injury, you are not immune from layoffs, but your benefits should not change. Even if you have returned to work on restrictions, your benefits should remain the same. If you continue to receive workers’ comp benefits after you have returned to work, the workers’ comp company must continue to pay reasonable and necessary medical expenses after a layoff.
Your workers’ comp benefits will not necessarily end if your company files for bankruptcy. In many cases, companies enter into what is known as Chapter 11 bankruptcy, during which their debts are reorganized, but the company can remain operational.
Even if the company files for Chapter 7 bankruptcy, during which all assets are liquidated and the company effectively closes, your worker’s comp benefits may not be affected. Workers’ comp payments are generally paid by an insurance company, so as long as your employer stayed current on their payments, you will continue to receive benefits.
In Pennsylvania, it is unlawful for an employer to fire you in response to a workers’ comp claim. However, an employer can fire you if you have a disability that will keep you out of work for an extended period or, having reached MMI, you will never be able to return to your current position, and they do not have another job for you. Even if you are fired for cause, such as repeated tardiness or other policy violations, it is still possible you will be able to collect workers’ comp for your injury.
The rules surrounding workers’ comp in Pennsylvania can be complicated, especially when the company is making significant changes such as bankruptcy. A Lancaster workers comp lawyer at Vanasse Law LLC understands workers’ comp law in Pennsylvania and can help you examine your options and file any workers’ comp or legal claims on your behalf.
Contact us online for a same-day response.
Every state provides for “workers’ compensation,” otherwise known as “worker’s comp” or, perhaps most accurately, “workers’ comp insurance” for workers who are injured on the job.
Workers’ comp insurance is designed to work like this: workers who suffer work-related injuries or illnesses receive workers’ comp benefits for things like medical expenses and lost wages.
The good news for workers is that they are not required to show that their employer was at fault for their injuries; if they are hurt at work, they receive the benefits. The bad news for workers is that these workers’ comp benefits are their only remedy; in other words, they are not allowed to sue their employer for the injuries, even if the employer was indeed at fault.
In some cases, this means they cannot collect money for damages like “punitive damages,” which could potentially add up to millions of dollars. In this way, workers’ comp insurance protects employers as well as employees. Nonetheless, this seemingly simple arrangement can be more complicated than it appears to be.
If you have been injured on the job in Pennsylvania, let Lancaster hurt on the job lawyers help you with this important decision process.
There are some limited circumstances under which you are allowed to bring a lawsuit against your employer for job-related injuries:
If you have been hurt at work, the Lancaster hurt on the job lawyers at Vanasse Law LLC will help you understand the current state of Pennsylvania law regarding workers’ comp, help you understand your options, and file any workers’ comp or legal claims on your behalf.
Contact us online for a same-day response.
Workers’ compensation is designed to cover all reasonable and necessary medical treatment for work-related injuries and/or illnesses, including doctors’ appointments, medications, surgeries, physical therapy, etc.
Your treating doctor is a key player in your workers’ comp treatment, from your actual treatment to overseeing all of your medical care to giving opinions that will affect what treatments to which you are entitled. Therefore, it’s important to find a treating doctor you can trust. However, that search may be complicated by your particular state’s limits on doctor selection.
If you have been injured on the job in Pennsylvania, let a Lancaster workman’s compensation lawyer help you with this important decision.
You should be careful when selecting the best treating doctor for you, even if you’re limited to a network or a list of physicians. To the extent you are allowed to choose your own doctor, consider:
Typically, in Pennsylvania, you must see an approved doctor for the first 90 days of your treatment. Nonetheless, you are still allowed input on this decision. Employers generally have a panel of doctors posted at your worksite. If the posted panel has six or more doctors listed, you must see a doctor from that list for those initial 90 days after your injury.
The employer doctors must be qualified professionals licensed to practice medicine and provide reasonably competent treatment. If your employer does not have a panel of doctors posted anywhere at your job site, you can choose your own doctor from the beginning.
After the initial 90 days, you can choose your own doctor as long as you provide notice to the workers’ compensation insurer within five days of changing physicians. Keep in mind that there is some value in the continuity of your treatment, so, from a practical standpoint, you should only change doctors if you feel strongly that the change will benefit you.
The workers’ comp process is complex, and selecting your treating doctor is a small but relatively important part of that process.
A Lancaster workman’s compensation lawyer at Vanasse Law LLC will not only help you select your treating doctor but will also help you understand the current state of Pennsylvania law regarding workers’ comp. We will also help you explore your options, protect your rights and file any necessary claims on your behalf. Additionally, even if your injuries do not qualify for workers’ compensation, you may have other legal options.
If you have suffered a work-related injury or illness, contact us online for a same-day response.
As people all across the world are staying at home to try and slow down the spread of COVID-19, first responders and other essential workers who are manning the frontlines do not have that option. They risk exposure to COVID-19 every day as they provide essential services for their communities.
If you or a loved one have contracted the virus through their essential work, let a Lancaster workers comp lawyer at Vanasse Law LLC help you explore your possible options, including workers’ comp and Pennsylvania’s Heart and Lung Act.
Pennsylvania’s Heart and Lung Act (HLA) protects various types of employees in Pennsylvania if they become sick or injured at work. This protection supplements Workers’ Compensation insurance, providing additional financial support for employees diagnosed with COVID-19 and other temporarily debilitating conditions.
The HLA provides a full tax-free weekly salary without overtime for certain types of employees in Pennsylvania. The HLA also covers medical expenses related to any work-related injury or occupational illness suffered while performing official employment duties.
The HLA covers municipal employees in law enforcement and firefighting. This includes the following types of job classifications:
The title “Heart and Lung Act” is not entirely accurate, as the HLA covers many types of illnesses and injuries. In fact, the HLA covers any injuries and illnesses that occur “within the course and scope of employment” for all qualified Pennsylvania employees.
Furthermore, certain groups of employees in Pennsylvania may be granted a presumption that COVID-19 is an “occupational disease” for their profession under certain provisions of the workers’ comp law. Nonetheless, while the HLA covers temporary illnesses or injuries, including COVID-19, permanent disabilities are not covered.
Both the workers’ comp laws and the HLA are complicated pieces of legislation. If you are working during the pandemic and may be exposed to COVID-19, it is important that you understand your rights under workers’ compensation law and potentially the HLA.
A Lancaster workers’ comp attorney at Vanasse Law LLC will help you understand the current state of the law regarding workers’ comp and the HLA, explore your options, protect your rights, and file any necessary claims on your behalf. If you need our help, please contact us online for a same-day response.
Workers’ compensation law is designed to compensate employees who have been hurt at work. But what if you contract COVID-19 at work? Can you file a workers’ compensation claim? This issue is complex and rapidly evolving.
If you have contracted or fear you may contract COVID-19 from work, let a Lancaster job accident lawyer at Vanasse Law LLC help you explore your possible options.
Although many workers’ compensation issues are the same, the rules can vary from state to state. Aside from protecting employees, workers’ compensation insurance is also designed to benefit employers by providing coverage with predictable payments and reduced legal costs.
Recently, the COVID-19 pandemic has created numerous challenges for state legislatures across the country. One of the most challenging questions is: Does workers’ compensation insurance cover employees who have contracted the disease?
Naturally, the answer is complicated. Generally, workers’ compensation insurance does not cover routine community-spread illnesses, such as a cold or the flu. This is because they usually cannot be directly tied to the workplace. Some states have made exceptions for employees who have developed chronic illnesses, such as cancer, resulting from repeated exposure to toxic or carcinogenic materials.
However, it is unclear if COVID-19 illnesses fall into the former or the latter category. The unique issue presented by COVID-19 is that it presents a circumstance in which many jobs that have not historically been considered hazardous have suddenly become very dangerous for employees. Essential business employees, such as transit operators, health care workers, and grocery store workers are at a high risk of exposure to the virus while at work. But the more hazardous working conditions do not guarantee that a COVID-19 infection would be covered under workers’ compensation in most states.
Expanding workers’ compensation benefits appears to be high on the agenda in several states, usually specifically for first responders. An approach adopted by many states is to amend state policy so that COVID-19 infections in certain types of employees are presumed to be work-related and covered under workers’ compensation, thereby placing the burden to establish that the infection was not work-related on the employer and insurer. This burden-shifting technique makes it much easier for those employees to file successful claims.
A bill in Pennsylvania seeks to create a grant program for fire companies and emergency medical services companies to provide services during the COVID-19 pandemic.
Do not hesitate. If you are working during the pandemic and may be exposed to COVID-19, it is critical for you to understand your rights under workers’ compensation law. Workers’ compensation law can be complicated and difficult to navigate, especially when it comes to unsettled issues like COVID-19 coverage.
A Lancaster job accident attorney at Vanasse Law LLC will help you understand the current state of the law, examine your options, protect your rights, and file any necessary claims on your behalf. If you need our help, please contact us online for a same-day response.
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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