It’s that time of year. Office supply stores and Target have dedicated aisle after aisle to binders and crayons and backpacks, and teachers are back in the classroom, putting the final touches on their lesson plans and making sure that their classrooms are color-coordinated and ready. We all think of teachers as underpaid heroes, but few of us are aware that their profession is among the most at-risk of on-the-job injury and illnesses. Not only do a large percentage of our schools represent unhealthy environments that put teachers at risk of toxic exposure, but teachers are facing new challenges that may lead to workers’ compensation claims, including the risk of injury caused by interactions with their students.
The top causes of teacher workers’ compensation claims in the United States include:
Beyond the same types of slips, trips, and strains that are seen in almost every work environment, the other major on-the-job-injury risk that teachers face comes from violence in the classroom or on campus. Roughly 25% of school employee injuries arise from interactions with students, and experts say that teachers are victimized far more frequently than the public realizes — in fact, they have indicated that the problem has reached the level of being a national crisis. A report issued by the Department of Education in 2015 indicated that injuries suffered by teachers led to more than $2 billion in losses included both lost workdays and workers’ compensation benefits.
Teachers are also exposed to a number of toxins in their classrooms, but the most concerning is the risk of exposure to asbestos. Most of America’s school buildings were constructed prior to the 1970s, and that means that asbestos-contaminated products were used in their construction. Asbestos ceiling and floor tiles and asbestos insulation are extremely common, and though they are not a concern when they are intact, as soon as those items begin to break down, there is a risk of microscopic asbestos particles being inhaled or ingested and leading to an increased risk of malignant mesothelioma, asbestosis, and other asbestos-related diseases. Other toxic exposures in schools include mold, mildew, and lead.
There are a number of actions that school districts can take to guard against the most common workplace injuries, including:
If you are a teacher or school employee who has suffered an on-the-job injury, contact us to set up a free consultation to discuss your rights.
Spring, summer, fall and winter. Each season offers different seasonal job opportunities for people looking for extra money. Whether you’re a college student home on break or a homemaker looking to earn a little extra gift money before the holidays, it’s important that you understand your rights as a seasonal employee as well as the risks that are involved. For example, did you know that seasonal workers are at a much higher risk for workplace injuries than is true of full time or part-time workers who are in the same job through the course of the year? It’s true. Whether you’re talking about helping out during the harvest or retail sales during the Christmas shopping season, you need to focus on safety and understand what your rights are in the event that you get hurt on the job.
There are a few reasons why seasonal workers are at greater risk than others. The most common reason is that workers who are viewed as being short-term help, and who are hired to fill in during the busiest times of the year, are often not given the same amount of training as those who employers view as long-term employees. Where companies are willing to invest in people who will be staying with them for an extended period of time, those who are only going to be with the company for a few months aren’t seen as worth the time or money. Though this may not seem like a big deal to the seasonal worker, safety should always be a priority: you need to know what the hazards of the job are, what to do in an emergency, and proper use of equipment. Cutting back on training and safety instructions for seasonal employees is short-sighted. When this type of on-the-job training isn’t provided, it leaves employees far more vulnerable to injury, and far more likely to end up needing to file for workers’ compensation from their employees.
Workers’ compensation is not only available to employees who work throughout the year. When seasonal workers are hurt on the job, they are just as eligible for this benefit as the rest of a company’s employees. Workers’ compensation provides relief by paying for medical expenses and can also provide a portion of lost wages. If you have been hurt on the job and need information about your right to file for this important benefit, contact us today to set up an appointment.
When you think of all the different types of work and work environments that exist in the state of Pennsylvania, it is easy to imagine that there is a wide variety of injuries that are suffered by the state’s workers. But according to the Pennsylvania Bureau of Worker’s Compensation, though the state agency tracks claims in a way that is broken down by industry and occupation job descriptions may vary, the injuries suffered across different occupations remain largely the same. The following are the state’s most commonly reported work-related injuries and illnesses reported each year that result in workers’ compensation claims.
Back Injuries
More than any other type of injury, workers in Pennsylvania are at risk for hurting their back, and especially their lower back. Though the work setting may vary, in most cases back injuries are a result of overexertion. Back pain affects most people at some point in their lives, so it is not a surprise that workers who are required to push, pull, or lift as part of their job description would be particularly vulnerable to this type of injury.
Finger Injuries, Wrist and Arm
At first glance, finger injuries may seem too minor an injury to warrant a workers’ compensation claim, but many occupations’ workers rely on their hands, whether they are in a construction or industrial setting or typing on a keyboard. Our fingers are vulnerable, and so are our wrists and arms. When they are injured and we are unable to use them, it can lead to a real disability.
Knee Injuries
The knee is a particularly vulnerable part of the body, and when workers’ job responsibilities involve standing, walking, or climbing they are put under stress. When the structural elements of our knees undergo strains or tears, recovery can be time-consuming and workers often need surgery or a long period of rehabilitation before they can return to work
Head Injuries
When workers fall or are struck from above by falling objects, they often suffer skull injuries. Those who work with chemicals or flame are vulnerable to materials being splashed in their eyes or faces, and this can result in disfiguring scars, while those who work in high noise environments are vulnerable to hearing loss.
If you have suffered a work-related injury in the state of Pennsylvania and you need assistance filing a workers’ compensation claim, contact our Lancaster law office today to set up a convenient time for a consultation.
Whether you’re a student or teacher who is off for the summer, a full-time year-round employee looking for extra work, or a person who relies on seasonal employment as your source of income, the summer season brings big opportunities. Theme parks and farms, ice cream stores, and golf courses are all looking for extra help to manage the increased flow of business that warmer weather and vacation season brings. Unfortunately, summer’s seasonal jobs leave you vulnerable to countless workplace injuries. Though many people think of seasonal work as providing fewer protections than full-time employment, when it comes to workers’ compensation, most employees are covered. Though nobody wants to incur a work-related injury, it’s nice to know that your employer is required to provide compensation for medical expenses, as well as for lost wages and other expenses depending upon the situation.
Each type of job has its own risks, and not all summer seasonal job injuries are related to the weather or weather-related activities, but some are. Here are the four most common summer seasonal job injuries.
You’ve heard the warnings about needing to drink more water, but most people don’t take them seriously, and that includes employers. Everybody needs to drink plenty of water each day, but if you are working in a high-heat situation or outside in the sun, it becomes even more essential. Your employer should provide you with a break time and you and your coworkers should be checking with each other to make sure you’re staying hydrated.
If your job has you working in the sun or in a space that is not cooled or well-ventilated, you stand a good chance of suffering from hyperthermia. When a person becomes too overheated, the body can shut down its symptoms. You need to make sure you are hydrated, take breaks, and have the opportunity to cool down frequently.
You may think that accidents are more likely to happen in the wintertime, but statistically speaking the summer is the most dangerous time to be in the car. If your job involves you driving or riding in a vehicle, you need to be aware of this risk, especially around construction sites, which tend to be more prevalent when the weather is warm.
Falls are one of the most common workplace injuries all year long, but they are especially common when it’s warm out. You need to stay alert to avoid serious injury, but if you do fall and get hurt, workers’ compensation should reimburse you for your expenses.
Whatever your on-the-job injury, workers’ compensation is there to provide for your needs. For representation and information about your case, contact us today to set up an appointment.
The hottest days of the year are right around the corner, and with high heat comes additional risk for those who work outside. Whether your job is under the baking sun or inside in high-heat conditions, both situations put you at risk for heat-related injuries or illnesses. Though workers who are injured or sickened at work are entitled to workers’ compensation benefits including compensation for medical expenses and lost wages, the best answer is always to avoid injury in the first place. Here are some tips for dressing to work in extreme heat.
How Heat Can Lead to Fatalities, Injuries and Illnesses
Heat can take several different forms, from high air temperatures or humidity to radiant heat and direct physical contact with hot objects. The human body is made to maintain a constant temperature and when it comes into contact with too much heat or overheats itself, it attempts to cool itself. When the air temperature is warmer than the body it makes it difficult for the body to do that, and instead, it absorbs the heat’s energy. From a localized standpoint this results in a burn and from a whole-body standpoint it can raise the heart rate and cause whole-body symptoms. Heat-related illnesses include:
If your job demands that you work outside in the sun, the following type of clothing can provide you with much-needed protection:
The fact sheet offers these tips for workers who must work in the heat:
In all cases, high heat workers are reminded to hydrate frequently and to take breaks if they believe that they are overheating. If you suffered a heat-related injury on the job and need information about workers’ compensation, contact us today to set up a convenient appointment.
Working in food service can be extremely rewarding and offers a wide range of opportunities. From fast food spots to four-star restaurants and from serving or busing tables to working behind the line as a sous chef or head chef, you can earn a fair income, learn a lot, and spend time with interesting people. Unfortunately, these jobs come with risks and food service injuries are common.
Those who work in customer-facing roles can hurt themselves reaching across tables to serve or clear. They can trip on a slippery fall, or even find themselves face-to-face with robbers. Those who work in the kitchen are subject to the risk of burns and other injuries from stoves and ovens, knives, and electrical appliances, as well as exposure to hazardous chemicals. Even the employees that work at drive-thru windows or who deliver food can end up injured on the job.
No matter what your position or how you were hurt, if you were injured while working in a food service establishment you may be entitled to workers’ compensation.
Workers’ compensation is a no-fault insurance policy that covers nearly every worker in America. It represents an agreement between employer and employee that means that injured workers will not need to file a personal injury lawsuit against their employer, and in exchange, their employer will insure them and provide compensation for medical expenses, as well as for any time needed away from work to recuperate and recover.
For those who work in foodservice, some injuries are more common than others. According to Cintas Corporation, one in every 20 on-the-job injuries occur at eating and drinking establishments, and the top four restaurant injuries are:
When you’ve been hurt on the job, you need to know your workers’ compensation rights to make sure that you receive the benefits to which you are entitled. Contact our office today to learn more.
Summer is on the horizon, and that means that students and teachers are going to be searching for employment. Whether you’re enmeshed in the 9-months-per year world of education or seek temporary or seasonal work for any other reason or at any other time of year, temporary workers are an important part of the workforce. Where full time and part-time employees are entitled to workers’ compensation insurance in case they get hurt on the job, many seasonal workers wonder whether temporary workers also have access to these important protections.
Workers’ compensation insurance exists to provide medical expenses and wage replacement for injuries or illnesses that occur on the job or as a result of the job. Injured workers can file claims to have their medical expenses fully compensated, while wages are reimbursed at a specified rate and percentage based on established schedules. In the state of Pennsylvania, this coverage is extended to temporary and seasonal workers, though there can sometimes be questions as to who is responsible for providing them with coverage.
The reason for this confusion revolves around who has actually hired the employee. If a temporary worker has applied directly to a company for a job and that company has employed them, then that company is responsible for providing their workers’ compensation coverage: the injured employee would report their injury directly to them and they would be listed as their employer on their workers’ compensation claim. But many temporary workers are placed in jobs through staffing or placement agencies that they list themselves with, and that means that the agency is their employer. Their workers’ compensation insurance is provided by the staffing agency unless their contract with the employee or the contracting client specifically states otherwise.
To apply for workers’ compensation, a temporary worker needs to report their injury to the company that has hired them. The notification should include details such as when and where the injury took place and how the injury occurred. Workers’ compensation is a no-fault type of insurance, so workers do not need to worry about attributing blame or having made a mistake before their injury. If you are a temporary or seasonal worker who has suffered an injury and you need more information on your rights, contact us today to set up a convenient time to meet and discuss your case.
When employees in the state of Pennsylvania are injured on the job, they can rest secure in the knowledge that their medical expenses and time away from work is covered by Workers’ Compensation insurance. But few realize that if they are working for a company owned by either Amish or Mennonite owners, there is a chance that no such insurance coverage has been purchased for them. This is because Pennsylvania’s religious exemption laws permit participation in what is an otherwise mandated form of protection.
The Amish and Mennonite religions specifically bar against insurance. The religious sects make it an employer’s responsibility to pay the expenses for an injured worker on their own. The religions emphasize personal responsibility and, as a result, Amish businesses also don’t have to purchase commercial liability insurance. Ironically when considering companies that do not have to pay workers’ compensation, they are also granted an exception to U.S. Department of Labor workplace safety rules involving the use of hard hats.
The Amish have long argued against having to pay insurance premiums, as they say they will never make a claim because it is against their religious beliefs, which mandate taking care of their own liabilities. They also believe that filing an insurance claim goes against the Biblical principles of trusting in God. Many pay into separate church aid funds, which they are able to tap if they are unable to afford an injured workers’ expenses on their own.
An article published in the Philadelphia Inquirer several years ago highlighted this practice while discussing the disparity of prices charged between Amish businesses and non-Amish businesses. Though owners of the non-Amish businesses blamed the price differential on the Amish not having to purchase workers’ compensation insurance, the paper’s investigation revealed that not all firms take advantage of the religious exemption. Those who do generally set up their businesses as partnerships, with each member named as an owner. This exempts them from having to have workers’ compensation.
The religious exemption for Amish employers that nullifies their requirement to provide workers’ compensation coverage for their employees can create a dilemma for an employee working for the firm who is injured on the job. What are they to do if they are injured and their employer has not purchased insurance to cover their injuries? In instances like these, you need an experienced and knowledgeable workers’ compensation attorney who can work as your advocate. Contact us today to learn how we can help.
We’ve all heard of PTSD or Post-Traumatic Stress Disorder. It first came into the lexicon in association with military personnel who had witnessed trauma that affected them psychologically or physically, but the term has now been extended to apply to anybody that has been exposed to a severe shock such as an accident or a terrorist attack. Just as injuries that can happen outside of work can also happen on the job, the same is true of PTSD. This means that if a traumatic event occurs in the workplace an employee requires treatment or is unable to function as a result, it is a valid basis for a workers’ compensation claim.
It is important to understand that there is a significant difference between PTSD and other mental injuries that might result from an unpleasant workplace. An employee who finds themselves experiencing anxiety because of a disruptive co-worker or depression because of losing their job is not entitled to workers’ compensation benefits. Hating your job is not the same as PTSD. Post-Traumatic Stress Disorder that is work related is very specifically a psychological injury that is caused by a psychological stimulus that represents an abnormal working condition: a person cannot successfully be approved for workers’ compensation benefits because their boss favors other employees over them but may be able to if they witnessed their boss physically attacking another employee.
PTSD can also be a result of having suffered a physical injury or illness on the job. In other words, an employee who suffered a horrific burn, or who fell off a scaffold and was badly injured, as a result, could conceivably suffer the symptoms associated with PTSD in the aftermath. These symptoms include:
PTSD is generally treatable through medication, therapy, or a combination of the two. Workers’ compensation benefits can provide for these medical expenses, as well as for temporary disability if the condition prevents you from returning to work. For more information on filing a workers’ compensation claim for your PTSD diagnosis following a workplace event or injury, contact us today.
Though the vast majority of workers’ compensation claims are filed by people who have suffered legitimate injury or illness on the job, there is a small percentage of people who file fraudulent claims. As a result, workers’ compensation insurers need to investigate suspicious filings to make sure that they are valid. Though it may feel intrusive to those who simply want to get better or get the compensation they deserve, the work is also necessary: workers’ compensation fraud perpetrated by both employers and employees account for 25 percent of all insurance fraud. The news media has covered some of the most notorious of these crimes, including a woman who claimed to have been disabled and then appeared doing something strenuous on a daytime television game show, and another employee who was videotaped water skiing.
To rout out this type of crime, investigators use several different investigative techniques, including:
Though workers’ compensation insurance investigators may seem like the enemy, it is important to understand that workers’ compensation attorneys also investigate insurers and employers to make sure that claims are being appropriately paid. It is also important to note that there are limits to how far investigators for workers’ compensation insurance companies are allowed to go while pursuing their investigations. They are not permitted to be deceptive in their approach, and those that have used deceptive tactics have faced successful legal action.
Workers’ compensation insurance fraud is a crime that costs all of us. It drives up the rates of workers’ compensation insurance premiums and makes it more challenging for those who have been legitimately hurt on the job to get the compensation and benefits that they deserve. If you have been hurt on the job, contact us today to set up a consultation to discuss your case.
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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