Archive for the ‘Workers’ Compensation’ Category

If you are an employee working in the state of Pennsylvania and you have suffered an on-the-job injury or illness, then you may be entitled to benefits from Workers’ Compensation. Workers’ Compensation is a type of no-fault insurance that provides those who have been hurt or sickened on the job with compensation for medical expenses as well as wage loss benefits when applicable. It also provides certain benefits to the survivors of workers who have been killed on the job. Workers’ compensation is a no-fault insurance – that means that you have no requirement to prove that your employer or coworker is at fault for the damage that you’ve suffered, and that you are entitled to benefits even in cases where your injury is a result of your own actions or negligence. There are certain restrictions on eligibility and coverage, and there are specific procedures that must be followed and adhered to in order to maximize your ability to successfully claim your benefits. Some employers are cooperative when a workers’ compensation claim is filed against them, and others are less so. If your employer or their insurance company responds to your claim for benefits with a denial, an experienced workers’ compensation attorney can provide you with the counsel and assistance you need.

When an employee’s injury is disabling enough to keep them from work, whether they are totally disabled or partially disabled, they are entitled to wage loss benefits. There are several types of disability benefits available to workers in Pennsylvania. The wage-loss benefits are calculated based on two thirds of the workers’ average weekly wage, and are defined by both a minimum and maximum amount. They include:

• Total disability benefits – These benefits are provided to workers whose injuries will keep them from returning to the job temporarily, for as long as they have to stay off the job. If the injury keeps them from being able to perform their job duties for 104 weeks, the injured worker will be evaluated to determine whether the disability is partial and impacts less than half of their body, or total, impacting more than 50 percent of their body. For those injuries deemed as being partially disabling, the benefits are limited to a period of no longer than an additional 500 weeks. For those injuries determined to impact more than 50 percent of the body, the disability and benefits are effectively considered permanent.
• Partial disability benefits – When an injured worker is evaluated and assessed at having less than 50 percent of their body impaired, they are deemed able to perform light-duty work and able to earn again. If there is a difference between what their new assignment pays and their pre-injury wages they can receive partial disability benefits calculated at two thirds of the difference, capped at a maximum weekly rate. This benefit is limited to a 500-week period, during which time they may be reassessed as totally disabled.
• Specific Loss benefits – These are provided to compensate for permanant loss of use of specific body parts or for serious and permanent disfigurement.

Determining what type of benefits you should be seeking can be complicated. The workers’ compensation attorneys at Vanasse Law have extensive experience in representing injured Pennsylvania workers and getting them the benefits that they deserve. Contact us today to learn more.

Workers’ compensation is a form of no-fault insurance that employers are required to carry for their employees. It provides a safety net for those who are injured on the job, giving them the promise of reimbursement of medical expenses and the replacement of lost wages in exchange for the loss of ability to file a personal injury or negligence lawsuit against their employer. In the state of Pennsylvania, most employers are required to carry this insurance, but there are some notable exceptions, and this includes many agricultural employers. The state does not exempt all agricultural employees from access to workers’ compensation, but there are strict guidelines that outline who is and who is not required to provide this coverage for their employees. Making matters even more frustrating is the fact that even when coverage is provided, some workers are hesitant about filing a claim for fear of being fired. If you are an agricultural worker, you need to know your rights – in many cases a lack of knowledge is how the threat of employer retaliation discourages agricultural workers from filing workers’ compensation claims in Pennsylvania.

In the state of Pennsylvania, employers who hire agricultural workers are required to provide workers’ compensation if they pay even one worker wages of $1,200 or more. They are also required to provide this coverage if the employ even one agricultural worker for thirty or more days in a calendar year. But even in cases where this coverage is offered, there are several factors that can prevent injured workers from filing a claim for the benefits to which they are entitled. These include concerns about benefits being denied to workers who are undocumented and the difficulty in having an employer-endorsed physician sign off on the need to recuperate. In some cases, a worker may be afraid that their employer will retaliate against them for filing a claim. Retaliation for filing a workers’ compensation claim most frequently takes the form of firing an employee within days or weeks of a claim being filed, and this is obviously enough to be an effective deterrent against filing a claim. It is bad enough for a worker to have to pay for medical expenses without also having to face the fear of having their entire economic support system.

If you have been injured in the course of your work for an agricultural employer and are concerned about filing a workers’ compensation claim, you need a knowledgeable attorney to help you navigate the system. Likewise, if your position has been terminated after having filed a claim for workers’ comp benefits, then you may be the victim of retaliation. In either case, you need a powerful and aggressive advocate who will stand up for your rights and make sure that you get what you deserve. Vanasse Law is a Lancaster law firm that specializes in protecting the rights of injured workers. Call us today to learn how we can help.

The cost of healthcare is one of the biggest issues that Americans face today. Treatment of injuries and illnesses is far more expensive than it ever has been, and many people are forced into severe financial hardship as a result of trying to balance their previously-existing bills and trying to pay for emergent care. When a person is injured on the job and their injuries require professional treatment, there is good reason for them to be concerned about who is going to pay for the medical bills, especially if their injury or illness keeps them from being able to report to work and continue earning wages. Workers’ compensation benefits were created specifically to address these worries. If you have been hurt or sickened on the job and need information on the benefits to which you are entitled, contact the Lancaster workers’ compensation law firm of Vanasse Law today.

Workers’ compensation is a specialized insurance policy provided by employers to their employees. The benefits provided by workers’ compensation include reimbursement for all medical expenses, as well as compensation for time away from work as a result of the injury or illness. The availability of these benefits can provide injured workers with a real sense of confidence and security, as they provide the promise of not having to shoulder medical bills on their own, and even provides at least a portion of their normal weekly wages. Those who suffer long-term disabilities that keep them from returning to work, or any of a highly specific list of injuries including the loss of a limb or disfigurement are also entitled to additional compensation. The trade-off for being provided with these benefits is that the employee is not able to pursue a personal injury claim against their employer. This can be a positive for both sides, as it avoids a drawn-out and animosity-driven lawsuit in which the employee would need to prove that the employer is at fault and the employer would need to defend themselves. Unfortunately, over the years many employers have lost sight of the trade-off, seeing workers’ compensation benefits as a burden and arguing against having to provide its benefits.

Getting the workers’ compensation medical benefits that you deserve should be a straightforward and easy process, but that is not always the case. Though some employers will quickly and willingly approve your workers’ compensation claim, others will drag their feet or deny your claim, forcing you to either pay for your expenses on your own or go through a challenging appeals process. If your employer denies your claim, the best way for you to ensure that you get the benefits you deserve is to work with an experienced Pennsylvania workers’ compensation attorney who knows the system and who knows how to ensure that your paperwork is filed correctly and your documentation is presented in a way to support your claim.

If you need workers’ compensation benefits, contact the Lancaster law firm of Vanasse Law to learn more about how we can help.

It would be nice if every employee in the state of Pennsylvania had the sense of security provided by having their employer provide them with workers’ compensation coverage. This no-fault form of insurance means that when a workplace injury or illness occurs, the employee can get compensation for their medical expenses and care, their lost wages, and even compensation for specific injuries or total disability. Workers’ compensation even provides benefits to survivors of employees who are killed on the job. Unfortunately, workers’ compensation is not required of every Pennsylvania employer. As experienced workers’ injuries attorneys, the law firm of Vanasse Law is dedicated to providing you with the answer to all of your workers’ compensation questions. If you need to know whether your employer is required to have workers’ compensation insurance, you may find the information you’re looking for below. If you still have questions, we invite you to call our office to set up a consultation.

The rules regarding workers’ compensation would be fairly straightforward if there were not so many exceptions. They set out that any employer that employs at least one employee who could possibly be injured or develop a work-related illness has to provide this important benefit. This is true whether the injury occurs while in the state or outside of the state to an employee who is principally based within Pennsylvania.  This also includes those who are working under a contract made in Pennsylvania.

The exceptions that make Pennsylvania’s workers’ compensation requirements difficult to understand are numerous. Employers do not have to provide workers’ compensation coverage if all of their workers are federal workers, railroad workers, or longshoremen. They do not have to provide coverage for casual workers who are not working for the business on a regular basis or for those who work out of their own homes or another location who is responsible for working on items that the business has given to them that the business will end up selling. There is no requirement that employers provide coverage to agricultural laborers making less than $1200 per year in circumstances where no single worker works 30 days or more per year and/or the employer’s spouse or children under the age of 18 have not specifically requested coverage.  There are other exemptions, including sole proprietor or general partnership businesses, domestic workers who haven’t requested inclusion, persons whose religious beliefs have granted them exemption or executive officers who have been granted exclusions. Interestingly, licensed real estate salespersons or associate real estate brokers who are affiliated with them are also excluded.

What is important to remember is that these exclusions only apply if all of the business’ requirements meet one or more of the requirements listed above – otherwise the business needs to provide coverage. If you are confused as to whether you are supposed to be receiving coverage or not, the attorneys at Vanasse Law can help. Contact us today for more information.

Some work-related injuries are relatively minor: they require medical attention, perhaps some rehabilitation, and maybe some time off of work for follow-up appointments. But there are also much more serious injuries that make it impossible for the injured worker to return to their job, whether temporarily or permanently. Though all injured workers are entitled to compensation for their medical expenses, as well as for lost wages, there are different classifications, definitions and limitations placed on injured Pennsylvania workers. At the Lancaster law firm of Vanasse Law, we are dedicated to making sure that you have you of the information that you need so that you can get the compensation that you deserve.

• Temporary partial disability – These benefits are for workers who are able to do modified or light duty work, and provide compensation until the worker is able to return to their original position as determined by a physician chosen by the employer or their insurance company. The worker may be assigned to a lower paying job, in which case they are able to receive compensation of two thirds of the difference in pay.
• Temporary total disability – These benefits are for those who are more seriously injured, and are unable to work as a result of their injury and who a physician has determined is a minimum of 50 percent impaired as a result of their injury and disability. The benefits are available for an extended period of time, but have a maximum duration of 500 weeks. After 104 weeks, the employer can require the injured worker to submit to a medical examination to determine whether they are still at least 50 percent impaired. If they have fallen below the 50 percent threshold, they then return to a partial disability status.
• Permanent total disability – When a worker is determined to be more than 50 percent disabled and deemed unable to return to any type of employment, they may qualify for permanent total disability, which provides payments for as long as they are considered unable to work. These payments may be offered as either a lump sum or in weekly payments.

In addition to these benefits, there are specific loss benefits available for those who have suffered particular injuries that lead to the loss of use of a body part. These benefits are strictly prescribed based upon the loss that is suffered. There are also benefits for loss of hearing, loss of a finger in a work-related accident, scars and marks to the head, face and neck above the collarbone, and more. You do not have to be kept from work by these losses to qualify for the benefit.

Pennsylvania’s workers’ compensation disability benefits can be difficult to understand and the system can be a challenge to navigate. If you need answers regarding what you are entitled to, contact the experienced workers’ compensation law firm of Vanasse Law today.

In 2015, Fitch & Associates’ Ambulance Service Manager Program conducted a research project aimed at determining the prevalence and severity of EMS provider stress in the workplace. A survey of more than 4,000 participants revealed that 86% of those who had responded had experienced what was defined as “stress we undergo either as a result of a single critical incident that had a significant impact… or the accumulation of stress over a period of time.” More of a concern, thirty-seven percent of those who responded indicated that they had thought about committing suicide, and 6.6 percent had actually made an attempt. Post-traumatic stress (PTSD) is a very real issue for our police officers, firefighters and emergency medical technicians, as they all too often witness horrific events or their aftermath. If you are a first responder who is one of the many experiencing symptoms typical of PTSD, the attorneys at the Lancaster law firm of Vanasse Law want you know your rights regarding PTSD and workers’ compensation claims for first responders.

As a police officer, EMT or firefighter, you have a right to file a workers’ compensation claim for a physical injury, a mental condition, or both. Sometimes an accident that causes a physical injury will result in post traumatic stress, and workers’ compensation benefits will cover your expenses and lost wages that result from both.

There are a number of symptoms of PTSD, and not everybody will experience the condition in the same way. Some of the most common symptoms include:

• Difficulty in sleeping or frequent nightmares
• Flashbacks of the precipitating event
• Depression
• Emotional detachment
• Irritability
• Self-destructive behavior
• High level of anxiety or fear

You may also experience many of the physical symptoms that are often associated with stress, including headache, fatigue, high blood pressure or ulcers.  Workers’ compensation benefits cover both physical and mental conditions, but it is important that you are properly diagnosed and follow all of the correct procedures in filing your workers’ compensation claim.

First responders who believe that they may be suffering from post traumatic stress syndrome need to speak to an experienced PTSD workers’ compensation attorney. This is because in the state of Pennsylvania, the presentation of a mental injury as a compensable claim sometimes requires a greater burden of proof than is the case when a physical injury or physical stimulus is present. What the state Workers’ Compensation Board needs to see is that the working condition was objectively abnormal rather than subjective or perceived – they want to make sure that the situation isn’t simply that an employee is complaining that their boss has been consistently mean to them and claiming that it caused a mental injury. As a first responder,  you are exposed to unpredictable events on a daily basis, and if it causes you a mental injury, then you deserve workers’ compensation benefits. he best way to ensure that your claim properly communicates this is with the help of a knowledgeable lawyer from Vanasse Law.

Getting seriously hurt on the job is a nightmare scenario for most American workers. Nobody wants to face the repercussions of an injury that could conceivably keep them off of the job, whether temporarily or over a long period of time. Neither do they want to go through the hassle of filing a claim for workers’ compensation for their medical expenses or lost wages. But accidents or injuries happen, and it is important that those who are entitled to workers’ compensation not only know the rights and benefits that workers’ compensation provides, but also what additional benefits may be available that fall outside of the scope of workers’ compensation. Workers’ compensation is a form of no fault insurance that provides injured workers with the ability to file a claim for compensation from their employers and their employers’ insurers to pay for their medical expenses, some of their lost wages and other expenses, all without having to pursue a personal injury lawsuit. But for those work injuries that fall outside the scope of workers’ compensation, an experienced attorney will be your most valuable resource for making sure that you get all of the reimbursement and compensation to which you are entitled. If you’ve been injured on the job, call the workers’ compensation attorneys at Vanasse Law today.

There are specific injuries and acts of negligence that provide injured workers with additional opportunities for seeking compensation beyond workers’ compensation benefits. These include:

• Illnesses or injuries caused by exposure to toxic substances on the job. These can include materials like asbestos, harmful chemicals, radioactive materials and other items. Rather than falling under the umbrella of workers’ compensation, these types of injuries would fall into the category of toxic torts.
• Injuries caused by failures or defects caused by products that have been designed or manufactured in a faulty way, without the manufacturer having provided warnings against the dangers posed by using the equipment.
• Injuries that are a result of intentional acts on the part of the employer. If the injuries result from intentional acts of fellow workers or third parties that are present on the worksite, those individuals or the companies for whom they work may be held liable.
• Injuries that are a result of negligence on the part of a third party. This may include contractors or their employees who are working onsite, equipment manufacturers, those responsible for providing maintenance for equipment that is used on the job site, and others.

If you have been injured on the job and your injury requires medical attention, time away from the job, rehabilitation, or long-term or permanent disability, then you need to protect your rights to file for workers’ compensation as well as any compensation that you may be entitled to beyond what is provided by workers’ compensation. For experienced legal counsel, contact the Lancaster law firm of Vanasse Law to learn more about your rights.

When you have been injured at work and file a workers’ compensation claim, there are a few possible resolutions of your case. Your employer may agree to pay the claim without any type of litigation or appeals process, for as long as the need exists. Alternatively, your employer or their insurance company may deny your claim, and this can lead to you filing an appeal. The process of arguing for the validity of your claim and the benefits that you are entitled to can be long and involved, and can end in either a decision made by the workers’ compensation board or in a settlement offer from your employer’s insurance company.  Workers’ compensation settlements are usually paid out in a lump sum to the person who has been injured, and because lump sums are generally large amounts, it can be tempting to agree to an offer. It is important that you work with a qualified workers’ compensation attorney who can advise you about whether the offer that you have received is reasonable and fair, or whether you should continue to fight for the rights to which you are entitled. At Vanasse Law, we are experienced workers’ compensation attorneys who are dedicated to ensuring that you get the benefits that you deserve.

There are a number of different factors that can impact the amount of a settlement offer made by your employer or their insurer, but the most important factor is the validity and strength of the case that you have filed on your own behalf. The more straightforward your evidence proving that you have suffered an injury in the workplace, the more likely it is that your claim would win within the system, and the more likely it is that the insurer will offer to settle. The insurance companies do a calculation that is based upon what will cost them the least amount of money – arguing against you in court or offering you a settlement that will fall under the amount that the amount that the workers’ compensation board is likely to agree that you deserve. One way or another the insurer is going to try to get out of the situation with the lowest possible payout, and that is why it is so important for you to have an experienced advocate working on your behalf and providing you with sound legal advice.

Workers who have been injured on the job in the state of Pennsylvania have the right to settle their workers’ compensation claim rather than receiving weekly or biweekly benefits through the system, and though your employer’s insurance company is always likely to offer a settlement with a lump payment instead of working through the claims process, it is important to remember that in doing so they will offer an amount that is lower than what you would likely be awarded in court.  Contact the Pennsylvania workers’ compensation attorneys from Vanasse Law to ensure that you are well represented and get the benefits that you deserve.

If you are considering hiring a law firm to represent you in a workers’ compensation claim against your employer, there are a lot of different options that you need to consider. You want to start by looking for a firm that has a significant amount of experience in labor-oriented lawsuits, as well a record of success in winning the cases that they pursue. You want to find an attorney that you feel understands the damage that has been done to you and is sympathetic to your situation. You want a practice that is convenient for you to get to and that has a strong reputation within the community. When considering all of these aspects of different firms, you also need to decide whether you want to use one of the big law firms that has dozens of attorneys available to work on your case, or whether you’d prefer a smaller firm. At the Lancaster law firm of Vanasse Law, we believe that a smaller firm is the better option for handling your workers’ compensation case. We are happy to provide you with the reasons why.

There was once a time when a big law firm simply had better resources then small firms. They had enormous law libraries and could spend money on technology to help them work smarter and faster. But with the arrival of the internet and affordable technology, large and small law firms are on an even playing field in terms of resources. The content of the world’s most expansive law libraries are available through digital subscriptions, and legal software, computers, tablets, smart phones and other innovations are affordable for all. That means that rather than looking at what a big firm can buy, you need to look at the experience that each individual attorney has, as well as how they treat their clients.

When you work with a smaller law firm, there is a very good chance that you will be working directly with a senior attorney, and perhaps even a partner, who has tremendous experience and is able to offer it to you without the various levels of fees that you find in a larger firm.  Smaller fees by nature have smaller expenses – that means that when you consider a big firm and look at the fees that they are charging, they have built in the costs of office rent, staff, attorneys and other overhead costs that smaller firms do not incur.

Perhaps most importantly of all, when you work with a smaller law firm, you get the benefit of personal attention from the staff. Working with a large firm often means that even if you meet with a senior level attorney, there is a good chance that your case will be handed off to a lower level associate, whether you are aware of it or not. You are likely to be charged more for incidental extra fees, simply by virtue of the ‘big business’ nature of a larger firm.  At Vanasse Law, we take pride in our ability to provide you with high quality legal representation without the pressure that many larger law firms put on their attorneys to bump up billable hours. Our mission is to provide you with the legal counsel you need to win your workers’ compensation case. Call us today for more information.