Post-Traumatic Stress Disorder (PTSD) can develop after a trauma in any setting. Despite this fact, not all states allow Workers’ Compensation claims based on PTSD. For the states that do, the worker must have experienced or witnessed an event that is deemed traumatic while acting the scope of employment, then show symptoms of PTSD that interfere with the ability to work in that employment. Furthermore, there must be an official diagnosis of PTSD from a certified psychiatrist or psychologist.
Some examples of what is considered a traumatic event at work include, but are not limited to:
These types of events can trigger PTSD symptoms that greatly affect ones’ ability to perform their job.
Not every traumatic event results in PTSD. On the other hand, not everyone with PTSD has been through a dangerous event. Symptoms can show up years after the event or right after it happens. Symptoms that last more than a month and are severe enough to interfere with relationships are considered PTSD.
For diagnosis, an adult must have the following for at least a month:
Re-experiencing symptoms include, but are not limited to, flashbacks where the trauma is relived, bad dreams, and frightening thoughts. Avoidance symptoms include staying away from places, events, or objects that remind the person of the event, or avoiding thoughts or feelings about the event.
Arousal and reactivity symptoms include being easily startled, feeling tense or on edge, trouble sleeping, or angry outbursts. Cognition and mood symptoms include trouble remembering important parts of the event, negative thoughts about themselves or the world, guilt or blame, or loss of interest in formally enjoyable activities.
If you are suffering from PTSD as the result of a traumatic event that happened on the job, you could be entitled to compensation. Contact our attorneys at Vanasse Law today to find out how we can help.
Under the Workers’ Compensation Act, workers who are injured on the job are entitled to recover lost wages equal to two-thirds of their weekly wages. The Act also highlights the minimum and maximum adjustments with the benefit rate being set using the annual maximum that was in place when the injury occurred. This maximum is decided by the Department of Labor and Industry by calculating a maximum based on a state’s average weekly wage.
For the year of 2017 in Pennsylvania, the maximum weekly compensation rate for the calendar year is $995, which is a 1.7% increase from last year. This has been determined under the Workers’ Compensation Act, Section 105.1 and 105.2 by the Department of Labor & Industry. This new rate applies to injuries that were sustained on or after January 1, 2017.
This year, those whose average weekly wages are between $1,492.50 and $746.25 will be compensated for 66 2/3rds of their weekly wages. Workers who earn between $746.25 and $552.78 will receive a flat rate of $497.50 each week. For earnings under $552.77 each week, the injured worker will receive 90 percent of their average weekly wages.
Since Workers’ Compensation is the loss of one’s earning capacity, the benefits are not taxable unless under specific criteria, such as when someone is also receiving SSDI or SSI benefits. Unfortunately, wage increases an employee would typically receive are not factored into these benefits. This means those living off these benefits for an injury from years ago don’t have the same opportunity to negotiate their salary or have increased for cost of living raises.
Each case for Workers’ Compensation is unique. If you are starting a claim, contact us today. At Vanasse Law, we have an experienced legal team that can guide you through the process to ensure you get the most benefits possible to help your recovery.
Under the Workers’ Compensation Act, a Worker Compensation Judge is able to award a claimant attorney fees when after an unreasonable content is a petition. This type of award is based on the facts and legal issues that were involved in needing an attorney for the petition. A WCJ will also decide the amount and the length of time allowed for the claimant to be reimbursed for such fees and weigh the skills needed, how long the proceedings took, along with the time and effort expended.
This becomes complicated when an appeal on the award is successful. When a WCJ awards the claimant attorney fees and the decision is reversed, the claimant is technically no longer entitled to that compensation. However, there was no clear precedent on refunding that compensation. A decision in 2016 by the Commonwealth Court of Pennsylvania determined the Employer and Insurer could request that a WCJ order can direct claimant counsel to refund those contest fees when the Employer is successful in their appeal.
The Court based its decision on Barrett v. WCAB (Sunoco Inc.) (Pa. Cmwlth. 2010). In the case, it was held that an employer and insurer can request reimbursement of litigation costs that were awarded and paid in the case when an appeal is successful. In Barrett, it was decided that allowing the claimant to keep the legal costs in which they were no longer entitled would be unjust enrichment. Furthermore, the Employer would be unable to recover legal cost awards from the supersedeas fund, meaning they would be deprived of any meaningful appeal after an incorrect award.
This reimbursement doesn’t put the claimant in any hardship as recovery is sought directly from the claimant’s counsel as opposed to the claimant. Prior to this decision, the Court believed the same reasoning could be considered just as applicable to the unreasonable contest attorney fee issue.
If you had an appeal go through successfully and are being asked to reimburse attorney fees directly, we can help. At Vanasse Law, our team understands the intricacies of these laws and will put together a defense in your favor. Contact us today to find out how we can help.
The Employee Retirement Income Security Act (ERISA) aims to protect the assets of your plan, but many are not well-informed on the responsibilities of the fiduciary who control or have authority over their plan. The first thing to understand is what a fiduciary is. Simply put, a fiduciary is someone who acts in your interests when it comes to your retirement plan.
The second part is understanding ERISA regulations of employee benefits.
ERISA has a specific set of standards of conduct for a fiduciary that acts on behalf of a plan’s beneficiary. These include:
If you have concerns about your retirement plan funds, talk to one of our Pennsylvania Workers Compensation lawyers at Vanasse Law today. We will help you navigate the intricacies of ERISA law.
In a recent ruling, the Fifth Circuit Court of Appeals has reaffirmed that not returning to work is not considered a reasonable accommodation. The ruling came from a case where an employee felt he had accrued enough time and benefits to leaving until the day after he was set to retire.
When there is no way to provide reasonable accommodations for an employee or their leave has been deemed indefinite by a medical professional, the options in returning to work are limited. However, this does not leave the employer on the hook with an empty desk chair, even under the ADA.
Even if a worker is not considered permanently disabled, how well they can function in their essential duties can heavily impact whether they can be afforded accommodations. Additionally, an employee cannot leave work without a specific date on which they will return, nor can they leave without any intention of returning, even in the case where they have accrued time enough to retire.
Sometimes, returning to work is not an option. However, workers still have options to help them through these difficult times. If you are physically able to work but cannot perform the essential function of your job, you may qualify for the Supplemental Job Displacement Benefit. This is issued when you have reached Maximum Medical Improvement but your employer does not offer a job in which you can perform.
This benefit program helps to pay for necessities to return to work, such as a computer and re-vocational training. In some cases, you may also be able to get a re-vocational counselor to help with the transition.
It is important to know employers are not required to offer the same position as they do under FMLA leave. This means an employer can get a worker back in the workplace sooner under a new role, or training for a different position may be available. However, it could also mean a worker may not be as happy upon return. Planning ahead for these nuances could help both the employer and the employee find a solution to work best for the situation.
If you are unable to return to work, contact our Pennsylvania Workers’ Compensation lawyers at Vanasse Law today to find out your options. We will help develop a plan for your next stage of life.
When you go to work each day, you do so with the best of intentions. No matter what your industry or occupation, it’s your goal to get through the day’s projects as best you can. There are things that can get in the way – unexpected roadblocks can take many forms. One of the biggest roadblocks you might encounter is a nagging injury. In a way, hidden or subtle injuries are far more insidious and damaging to you and your employer than an acute injury that comes from an on-site accident. This is because when you are confronted with an emergency situation, the impact of an injury is clear and predictable. In the case of a less visible problem like a back injury or a chronic lung condition, it may take time for you to link the condition to your work, or to make a decision to seek reimbursement through workers’ compensation. Holding off is fine, but you need to make sure that you don’t let so much time go by that you lose your workers’ compensation benefits. You need to keep aware of the time limit for filing a workers’ compensation claim in Pennsylvania, and to consult with an experienced workers’ compensation law firm.
The statute of limitations that the state of Pennsylvania has imposed for filing a workers’ compensation claim is three years. This specifically applies to how long you have between the time that you are injured – or become aware of your injury – and the time that you complete and submit a claim petition. Failure to give this paperwork to the appropriate authority will preclude you from getting the compensation that you deserve.
In addition to the statute of limitations for filing the actual claim, Pennsylvania has prescribed specific time limitations on other aspects of the process. These include:
There are certain exceptions to each of these rules, including for those instances where a disease is occupational and takes an extended period of time to begin to manifest symptoms. Another is for those situations where an employer may have provided payments without the benefit of a workers’ compensation order being in place.
Every individual situation is different and has different requirements, so it is important that you speak with an experienced workers’ compensation attorney to ensure that your rights are preserved. The Pennsylvania workers’ compensation attorneys at Vanasse Law are here to help. Contact us today to learn more.
Alternative Dispute Resolution is a fancy term for mediation. It offers an option outside of litigation when two parties are having a dispute about how to resolve an issue. When Alternative Dispute Resolution is used to settle a legal disagreement, the two parties involved take their case to a mediator who has experience in the issue at hand, who will listen to both sides, then try to ask as a go-between to arrive at a mutually agreeable way to settle the matter. Alternative Dispute Resolution has become increasingly popular in a number of arenas for several reasons: it is generally a faster and less expensive process than going to court, and both sides generally end up feeling that they’ve had the opportunity to have their say during the proceedings, and to work together to come up with an answer – but that is not always the case. When it comes to Workers’ Compensation awards, the use of Alternative Dispute Resolution offers a couple of advantages. At Vanasse Law, we are happy to provide you with some helpful information on the process.
In Pennsylvania the Alternative Dispute Resolution Process provides the ability for both the injured worker and their employer to sit down and have an information discussion about their differences. A workers’ Compensation judge participates, working to help them each see the other’s side. This can happen through mediation, an informal conference, or a settlement conference. Many people prefer this process to the more formal workers’ compensation hearings because they can save both time and aggravation. Mediation is generally a faster process and the conversations are less formal: there is no sworn testimony, no need to prepare or provide exhibits, and no conversations are recorded. The lack of formality allows for a more open line of communication gives both sides the ability to speak directly and without interruption or formal framework about their concerns and their needs. Not only does this give both sides a sense of being heard, but also provides the ability to understand one another.
Perhaps most importantly, when Alternative Dispute Resolution is used, people feel that they have a better sense of control of the outcomes, a clearer sense for what to expect, and they are all able to do so without having to constantly appear at different hearings or to file appeals.
If you are considering choosing Alternative Dispute Resolution to resolve your Workers’ Compensation Award, remember that you always have the right to work with an attorney and to have them represent you throughout the proceedings. An attorney from the Lancaster law firm of Vanasse Law can provide you with both experience in negotiations and knowledge of workers’ compensation law that will work to your advantage. For more information, call us today to set up a convenient time for an appointment.
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:
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.
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.
© 2018 by Vanasse Law LLC. All rights reserved. Sitemap | Disclaimer | Privacy Policy
