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    Archive for the ‘Workplace Accidents’ Category

    Your Boss Is Lying About Workers’ Comp: 5 Myths Employers Use to Scare Injured Workers

    Suffering an injury on the job is stressful enough without your employer trying to mislead you about your rights. Unfortunately, many Pennsylvania employers try to discourage workers from filing for workers’ compensation benefits by spreading misinformation. If you’ve been hurt at work, you deserve to know the truth. Below, our Lancaster workers’ comp lawyer debunks five of the most common myths employers use to scare injured workers.

    Myth #1: You Will be Fired if You File a Workers’ Comp Claim

    One of the biggest fears injured workers have is losing their job if they file a workers’ compensation claim. Employers often imply—or outright say—that seeking benefits will result in termination. However, in Pennsylvania, it is illegal for an employer to fire you simply because you filed a legitimate workers’ comp claim. This would be considered retaliation, and there are legal protections in place to prevent it.

    That being said, Pennsylvania is an at-will employment state, meaning employers can fire employees for almost any reason that is not illegal. While they may try to find another excuse to terminate your employment, an experienced workers’ comp attorney can help you identify and fight back against wrongful termination.

    Additionally, if you experience retaliation, you may be able to file a separate legal claim against your employer. This could include compensation for lost wages, reinstatement, and other damages. Keeping detailed records of any retaliation and seeking legal counsel as soon as possible can strengthen your case.

    Myth #2: Someone Else Has to Be at Fault to Get Benefits

    Some employers tell workers that they can only receive workers’ compensation if their injury is someone else’s fault. This is completely false. Pennsylvania operates under a no-fault workers’ compensation system, meaning you are entitled to benefits regardless of who caused the accident—whether it was you, a co-worker, or even your employer’s negligence.

    The only exceptions to this rule are if you were intoxicated, under the influence of drugs, or engaging in intentional misconduct at the time of your injury. Otherwise, your fault does not impact your right to receive medical treatment and wage-loss benefits through workers’ compensation.

    It’s also important to note that even if you believe your actions contributed to your injury, you should still report the accident and file a claim. Trying to determine fault on your own could lead to unnecessary delays or loss of benefits.

    Myth #3: You Must Use the Company’s Doctor for All Treatment

    Employers often tell injured workers that they are required to see a company-approved doctor for all of their medical care. While it is true that, under Pennsylvania law, you may have to see an employer-designated physician for the first 90 days after your injury, you are not required to stay with that doctor beyond that period.

    Even within those 90 days, you have rights. You can choose from a list of approved doctors provided by your employer, and if your employer does not provide a list, you can seek treatment from any doctor of your choice. After the 90-day period, you are free to see any doctor you prefer for continued treatment.

    If you feel the company’s doctor is not providing appropriate care, you may be able to seek a second opinion or request a change in medical providers. Keeping documentation of your treatment and any concerns about the quality of care can help protect your rights.

    Myth #4: If Your Claim Is Denied, There’s Nothing You Can Do

    Many employers and insurance companies try to discourage workers by claiming that a denied workers’ comp claim is the end of the road. This is far from the truth. In Pennsylvania, you have the right to appeal a denial through the Workers’ Compensation Appeal Board.

    The appeals process can be complex, but with the help of a knowledgeable workers’ comp attorney, you can challenge the denial, present evidence, and argue your case before a judge. Many initial denials are reversed on appeal, particularly when workers have legal representation to navigate the system and counter insurance company tactics.

    Understanding the reason for the denial is crucial. Common reasons include lack of medical evidence, disputes over whether the injury is work-related, or missing paperwork. Addressing these issues and gathering the necessary documentation can significantly increase your chances of a successful appeal.

    Myth #5: You’re Better Off Using Your Health Insurance Instead of Filing a Claim

    Some employers try to convince injured workers that it’s easier or better to use their personal health insurance rather than filing a workers’ compensation claim. This deceptive tactic is meant to save the company money at your expense.

    Workers’ compensation covers all necessary medical treatment related to your injury, with no out-of-pocket costs to you. If you use your health insurance instead, you could end up paying co-pays, deductibles, and other expenses that workers’ comp should have covered. Additionally, health insurance won’t cover lost wages due to your injury, whereas workers’ compensation provides wage-loss benefits while you’re unable to work.

    Furthermore, using health insurance instead of workers’ compensation could create medical billing and reimbursement complications. If your insurance company learns that your injury was work-related, they may refuse to cover the costs, leaving you with unexpected medical bills.

    Know Your Rights—Don’t Let Your Employer Scare You

    Employers and their insurance companies often rely on misinformation and intimidation to keep workers from seeking the benefits they deserve. If you’re injured on the job, don’t take your employer’s word as the final authority. Instead, educate yourself about Pennsylvania workers’ compensation laws and seek legal guidance if necessary.

    If you’ve been injured at work and believe your employer is misleading you about your rights, don’t hesitate to contact a workers’ compensation attorney. You deserve fair treatment, medical care, and financial support while you recover. The law is on your side—don’t let fear keep you from getting the benefits you’re entitled to. Taking the right steps from the start can make all the difference in securing the compensation you need for your recovery and financial well-being.

    Workers’ Comp Horror Stories: What NOT to Do After a Workplace Injury in Pennsylvania

    When you get hurt on the job, the decisions you make in the first few days and weeks can determine whether you receive the workers’ compensation benefits you deserve or end up struggling financially, mentally, and medically. Unfortunately, many injured workers unknowingly make mistakes that cost them their claims. To illustrate this point, our Lancaster workers’ compensation attorney explores a few workers’ comp horror stories—hypothetical but realistic cases based on common pitfalls—and explains how a skilled workers’ compensation lawyer could have saved the day.

    Horror Story #1: The Case of the Tough Guy Who Didn’t Report His Injury

    Meet Joe. He works in a warehouse outside of Pittsburgh. One day, while lifting a heavy box, he felt a sharp pain in his lower back. Being the tough, no-nonsense guy he is, Joe shakes it off, thinking, “It’ll get better in a few days.” He doesn’t report the injury to his supervisor because he’s afraid of looking weak.

    Then, the nightmare began. A few weeks later, the pain becomes unbearable, and Joe finally sees a doctor. The diagnosis? A herniated disc requiring surgery. Joe files a workers’ compensation claim, but his employer denies it, arguing that there’s no record of the injury occurring at work. Since Joe had waited weeks to report it, his employer insisted that the injury must have happened outside of work.

    What Joe Should Have Done

    Under Pennsylvania law, workers must report their injuries to their employer within 120 days to qualify for workers’ compensation benefits. However, waiting even a few days can make insurers suspicious. A workers’ compensation lawyer would have advised Joe to report the injury immediately and seek medical treatment to establish a clear link between the injury and his job.

    Horror Story #2: The Social Media Sabotage

    Meet Lisa. She’s a restaurant server in Philadelphia who slips on a wet floor while carrying a tray. She injures her knee and files a workers’ comp claim. The doctor recommends rest and physical therapy.

    A few weeks later, Lisa’s friend threw a birthday party, and she posted a picture on Facebook of herself dancing. The workers’ compensation insurance company saw this and argued that if Lisa could dance, she must not have been as injured as she claimed. As a result, her benefits were suspended, and she was left without medical coverage or wage replacement.

    What Lisa Should Have Done

    Workers’ compensation insurers monitor social media for evidence they can use to deny claims. Even innocent pictures can be taken out of context. A workers’ comp lawyer would have advised Lisa to avoid social media during her case and to be mindful of how her activities could be misinterpreted.

    Horror Story #3: The “Independent” Medical Exam Trap

    Meet Mark. He’s a construction worker in Harrisburg who fell from scaffolding and injured his shoulder. His doctor diagnoses him with a torn rotator cuff and recommends surgery. His employer’s insurance company sends him to an independent medical exam (IME) for a second opinion.

    The IME doctor, who is chosen and paid by the insurance company, determines that Mark’s injury is not as severe as his own doctor claims and that he is fit to return to work. Based on this report, the insurer denies the surgery and cuts off his benefits. Mark is left in pain and without income.

    What Mark Should Have Done

    IME doctors often favor insurance companies, downplaying injuries to save money. Our Lancaster workers’ comp lawyer would have challenged the IME results, gathered additional medical evidence, and fought to reinstate Mark’s benefits.

    Horror Story #4: The Light Duty Trap

    Meet Sarah. She’s an office worker in Allentown who develops severe carpal tunnel syndrome. After weeks of treatment, she receives a letter from her employer stating they have a light-duty job available for her, which consists of answering phones.

    Sarah is still in pain, but she fears losing her benefits if she refuses the job. She tries the light-duty work, but her pain worsens. Eventually, she was forced to quit, and since she voluntarily left the position, the insurance company stopped her benefits entirely.

    What Sarah Should Have Done

    Light-duty offers are often used to force injured workers out of the system. A workers’ compensation lawyer would have reviewed the job offer, ensured it was within Sarah’s medical restrictions, and, if necessary, had her doctor certify that she was unable to perform it. This could have prevented her from losing her benefits.

    Horror Story #5: The Settlement Scam

    Meet Tom. He’s a truck driver in Scranton who suffers a severe back injury. The insurance company quickly offered him a lump-sum settlement that seemed like a lot of money. Wanting to move on with his life, Tom accepts it without consulting a lawyer.

    A year later, his injury worsens, and he requires another surgery. Since he already accepted a settlement, he can no longer receive workers’ comp benefits. Tom is now stuck with massive medical bills and no income.

    What Tom Should Have Done

    Once you accept a workers’ compensation settlement, you typically give up your right to future benefits. A lawyer would have helped Tom evaluate the true value of his claim and negotiated a better settlement that accounted for future medical expenses and lost wages.

    How a Pennsylvania Workers’ Compensation Lawyer Can Help You Avoid These Nightmares

    Many injured workers believe they can handle their claims alone, only to fall into traps set by employers and insurance companies. A workers’ compensation lawyer in Pennsylvania can:

    • Ensure you report your injury properly and on time.
    • Guide you through medical treatment requirements to protect your claim.
    • Defend against unfair IME results and insurer surveillance.
    • Advise on light-duty job offers to prevent benefit termination.
    • Negotiate settlements to maximize compensation and avoid future financial hardship.

    If you’ve been injured at work, don’t let your case turn into a horror story. Contact a Pennsylvania workers’ compensation attorney to protect your rights and secure the benefits you deserve.

    Need Help? Contact a Lancaster Workers’ Compensation Attorney

    These horror stories may be fictional, but the mistakes are real—and they happen to Pennsylvania workers every day. If you or someone you know is dealing with a workplace injury, the best way to avoid a legal nightmare is to contact a workers’ compensation lawyer before making any major decisions.

    When to Hire a Lancaster Job Accident Lawyer: Key Signs You Need Legal Representation

    Workplace accidents can be catastrophic.  They can cause physical injuries, emotional trauma, and even financial strain. In Pennsylvania, the workers’ compensation system is put in place to provide for an injured employee, and while it holds the potential for stellar results, going through the system to get the benefits you deserve can be a daunting task. Knowing when to hire a Lancaster job accident lawyer may make all the difference for your case. Below are some key signs that you may need legal representation.

    1. Severe or Permanent Injuries

    Sign: You were seriously injured or permanently disabled by a work-related accident.

    If your injuries are serious and cause you permanent or long-term disability, matters are a lot more serious. For serious job-related injuries, medical treatment and care may be a lengthy process, and your earning capacity may be significantly impeded for the rest of your life. A competent lawyer will help you get all the benefits and compensation to which you are entitled and which are necessary to cover your medical expenses and provide you with an income while you recover. An attorney will also guide you through the workers’ compensation system and help you negotiate a settlement deal.

    2. Denied or Delayed Claims

    Sign: Your employer or the employer’s insurance company has denied or delayed your workers’ compensation claim.

    Many employers or insurers will deny or delay workers’ compensation benefits, betting that the injured worker will simply give up. If you have been injured at work and receive notice of denial or experience unreasonable delays, contact a job accident lawyer immediately to discuss the possible reasons for denial, help you gather the necessary documentation to appeal, and represent you at a hearing or negotiations with the insurance carrier.

    3. Disputes Over Benefits

    Sign: There are two different opinions on whether or not you should be entitled to a particular type or amount of benefit.

    You can disagree with the carrier over the extent of your injuries, the appropriate medical treatment, or the amount of your disability benefits. A Lancaster job accident lawyer may be able to resolve those disputes for you using evidence to support their positions, negotiating with the insurance company, and fighting on your behalf in court, if necessary. They will help to make sure you get the correct benefits to address your specific situation.

    4. Retaliation or Discrimination

    Sign: You think your employer is treating you badly – possibly by retaliating against or discriminating against you – because you have submitted a workers’ compensation claim.

    It is illegal for employers to retaliate against employees for filing a workers’ compensation claim. Retaliation can take many forms, including termination, demotion, reduced hours, or harassment. If you believe you are being retaliated against or discriminated against for exercising your rights, a job accident lawyer can help protect you. They can file a retaliation claim on your behalf and ensure that you are not subjected to further unfair treatment.

    5. Pre-Existing Conditions

    Sign: Your employer or their insurer is saying that the injury for which you’re claiming is the result of a prior injury.

    Employers and insurance companies often try to deny claims by arguing that the injury was pre-existing and not caused by the workplace accident. A job accident lawyer can help you prove that the workplace accident aggravated or contributed to your condition. They can gather medical evidence, expert testimony, and other documentation to support your claim and ensure you receive the benefits you deserve.

    6. Involvement of Third Parties

    Sign: You suffer from an occupational illness, but because you worked evenings, the doctor your boss sent you to didn’t catch it. You’ve got a sign A third party – someone who is not your boss or your colleagues – caused or contributed to your work injury.

    Some common examples include a member of the public who caused your accident at work, a contractor or manufacturer that provided defective goods or equipment, or a member of the public who owns or occupies the premises you were injured in. This can make the claims process more complex, as it can open up the possibility of you bringing a personal injury claim, as well as your workers’ compensation claim to ensure your injuries are fully compensated. A job accident lawyer can work on these claims at the same time, completing both at the same time.

    7. Complex or Multi-Party Cases

    Sign: Your case involves multiple parties or complex legal issues.

    Some workplace accidents involve multiple parties, such as contractors, subcontractors, and other third parties. These cases can be legally complex and require careful coordination and negotiation. A job accident lawyer with experience in handling complex cases can ensure that all responsible parties are held accountable and that you receive fair compensation from all sources.

    8. Lack of Legal Knowledge

    Sign: You are unfamiliar with the workers’ compensation process and your legal rights.

    Navigating the workers’ compensation system is often difficult, especially when you’re trying to recover from an injury that changed your life forever. When you’re not sure about your rights to compensation, the claims process, or the next steps in case of a dispute, it helps to have the guidance of a job accident lawyer. They will explain your rights, submit the forms, communicate with the insurer, and litigate your claims for you.

    9. Settlement Offers

    Sign: You have received a settlement offer from your employer or their insurance company.

    It’s easy to be tempted by a settlement offer, especially when you are in need of money. However, you will always be offered less than your claim is worth. If you have received a settlement offer, contact a job accident lawyer before you accept it. The attorney will examine the terms of the settlement, compare it to where your claim could realistically be taken, and negotiate a settlement that fully compensates you for your injuries and loss.

    10. Protection of Future Benefits

    Sign: You are concerned about protecting your future benefits and financial security.

    In short, workers’ comp benefits can affect your financial future permanently. If you are permanently disabled but you settle your benefits for a lesser sum, you could leave yourself heading to a life of poverty in the future. A lawyer brings to your case experience navigating the complicated laws governing your situation. A lawyer knows what it means to have lost wages on a permanent basis and will guide your decisions in a way that will benefit your long-term financial security.

    Speak to a Lancaster Job Accident Lawyer Right Away

    We advise hiring a Lancaster job accident lawyer if you are injured at work and facing problems with your workers’ compensation claim, such as claims that have been denied or delayed, issues over benefits, retaliation, or getting proper compensation for your injuries. Contact our office today to discuss your legal rights and options.

    Understanding the Psychological Impact of Workplace Injuries

    Workplace injuries are not just a matter of physical harm; they carry profound psychological effects that can significantly impact an individual’s mental health and overall well-being. Every year, countless workers in various sectors experience accidents and injuries that leave them grappling with not only physical recovery but also a spectrum of emotional responses. Below, our Lancaster hurt-at-work lawyers discuss the psychological impact of workplace injuries and take a deeper look at some of the common emotional responses, the factors influencing these psychological effects, and strategies for managing and mitigating their impact.

    What are Some Common Emotional Responses to Workplace Injuries?

    A workplace injury can trigger a wide range of feelings. For instance, shock and denial are often the first responses, especially if the injury is severe or life-altering. People who have been hurt at work may struggle to accept the reality of their situation, believing that the whole thing was just a bad dream from which they’ll soon awaken. However, this denial can be a coping mechanism to deal with the initial emotional pain.

    After the shock and denial of the situation, reality sets in, and anger and frustration can rear its ugly head. That said, injured workers might direct their anger towards their employer, the circumstances that led to the accident, or even themselves by asking, “Why me?” Such anger and frustration can stem from feelings of unfairness and the disruption to their life and livelihood.

    Anxiety and fear can also exist, particularly when there are concerns about recovery, financial stability, and the potential for future injuries. Additionally, the uncertainty about the ability to return to work or maintain a standard of living can be paralyzing, affecting one’s recovery process and mental health.

    Depression is another significant psychological effect of workplace injuries. Sadly, the loss of independence, changes in lifestyle, and the strain on personal relationships can lead to feelings of hopelessness and despair. In severe cases, injured workers might experience post-traumatic stress disorder (PTSD), reliving the trauma through flashbacks and nightmares, which further complicates their path to recovery.

    Our Lancaster Hurt-at-Work Lawyers Take a Brief Look at the Factors Influencing the Psychological Effects of Workplace Injuries

    The psychological impact of a workplace injury can vary widely among workers and may be influenced by several factors such as:

    • Severity of the Injury: More severe injuries often lead to more significant psychological effects, partly due to the longer recovery time and greater impact on the individual’s ability to work and engage in daily activities.
    • Support Systems: The presence or absence of a strong support system, including family, friends, and professional mental health support, can influence the emotional well-being of the injured worker.
    • Workplace Culture: An employer’s response to the injury and the overall workplace culture regarding safety and support can significantly affect the psychological recovery of the injured worker.
    • Previous Mental Health Conditions: Individuals with a history of mental health issues may be more susceptible to experiencing severe psychological effects following a workplace injury.

    Our Lancaster hurt-at-work lawyers understand how devastating workplace injuries can be to injured workers and their families. That said, if you or someone you love has been hurt while on the job, do not hesitate to contact us to discuss the particulars of your situation.

    How Do You Manage the Psychological Impact?

    The road to emotional and mental recovery following a workplace injury has several paths beyond the necessary physical healing. It involves addressing the psychological scars that can hinder a person’s return to normalcy. Here are some key strategies that can facilitate the complex healing process:

    • Engage with Mental Health Professionals: Seeking help from therapists or psychologists offers more than just a healing touch; it equips injured workers with robust emotional management tools. Such professional guidance provides a confidential environment for workers to freely express their fears, frustrations, and feelings. Through therapy, injured workers learn coping mechanisms tailored to their unique situations, which helps facilitate a healthier psychological recovery.
    • Peer Support: Joining support groups where members share similar experiences of workplace injuries can be incredibly therapeutic. Such communities offer a platform for mutual understanding and empathy, significantly diminishing feelings of loneliness and alienation. The exchange of stories and strategies for overcoming adversity not only fosters emotional healing but also empowers individuals with knowledge and advice that can aid in their recovery journey.
    • Adopting Mindfulness and Stress-Reduction Practices: Incorporating mindfulness techniques, such as meditation, yoga, and controlled breathing exercises, into daily routines can dramatically improve mental health. These practices help center the mind, reduce stress levels, and enhance emotional regulation, promoting a sense of peace and well-being amidst the chaos of recovery.
    • Fostering Open Communication with Employers: Building a transparent and supportive dialogue with one’s employer is crucial for navigating the post-injury landscape. Discussing workplace adjustments, phased return-to-work plans, and available support systems can mitigate anxiety related to job security and financial concerns. Employers who are informed and involved can play a significant role in creating a conducive environment for the injured worker’s gradual reintegration into the workforce.

    In addition to these strategies, injured workers must recognize the importance of self-compassion and patience throughout their recovery process. Healing, both physical and emotional, requires time, understanding, and support. Acknowledging progress, no matter how small, and setting realistic goals can foster a positive outlook and resilience. Furthermore, engaging in hobbies and activities that bring joy and satisfaction can significantly contribute to emotional well-being and a sense of identity beyond the workplace.

    Seek Legal Guidance from Our Skilled Lancaster Hurt-at-Work Lawyers

    The journey to recovery after a workplace injury is not solely a physical one; it encompasses the need to heal emotionally and mentally. Acknowledging and addressing the psychological impact is a vital component of the rehabilitation process. By understanding the common emotional responses to workplace injuries and implementing strategies to manage these effects, injured workers can navigate their recovery path with resilience and support. As society continues to recognize the importance of mental health, especially in the context of workplace injuries, it is crucial for employers, healthcare providers, and communities to offer comprehensive support systems that cater to both the physical and emotional well-being of those affected. Contact us today to discuss your legal rights and options with our Lancaster hurt-at-work lawyers after a workplace accident.

    Hurt on the Job? Get the Answers You Need From a Workplace Injury Lawyer

    Workplace injuries can have significant implications for both employees and employers. Understanding the legal aspects surrounding such injuries is crucial for ensuring fair treatment and appropriate compensation. Our knowledgeable workplace injury lawyer addresses some of the more common questions related to workplace injuries and the law in Lancaster, PA.

    What should I do if I get injured at work in Lancaster?

    If you sustain an injury at your workplace in Lancaster or elsewhere in Pennsylvania, the first step is to seek immediate medical attention. Next, report the injury to your employer as soon as possible. Please note that Pennsylvania law requires you to notify your employer within 21 days of the injury to qualify for workers’ compensation benefits. Failure to report the injury promptly may jeopardize your ability to obtain benefits.

    What is workers’ compensation and am I eligible for it?

    Workers’ compensation is a system that provides benefits to employees who suffer work-related injuries or illnesses. In Lancaster, PA, most employers are required to carry workers’ compensation insurance. If you are injured on the job, you are generally eligible for workers’ compensation benefits, regardless of fault. This includes coverage for medical expenses, wage loss, and rehabilitation services. Speak to a skilled workplace injury lawyer in Lancaster about the specifics of your situation.

    Can I choose my own doctor for a workplace injury?

    In Pennsylvania, your employer or their workers’ compensation insurance carrier typically has the right to choose the initial treating healthcare provider. However, if you are dissatisfied with the care you receive, you may be able to switch to a different healthcare provider within the network. Consult with your employer or the insurance carrier for guidance on the process.

    What steps should I take to file a workers’ compensation claim in Lancaster?

    To file a workers’ compensation claim in Lancaster, PA:

    Report the Injury:

    Notify your employer of the injury within 21 days, providing details of the incident and your injuries.

    Seek Medical Attention:

    Obtain medical treatment promptly from an approved healthcare provider.

    Complete the Claim Form:

    Fill out the necessary workers’ compensation claim forms provided by your employer or their insurance carrier.

    Submit the Claim:

    Submit the completed forms to your employer and the Pennsylvania Bureau of Workers’ Compensation.

    Follow Up:

    Keep detailed records of all medical treatments and follow any instructions from your employer, insurance carrier, or legal counsel.

    Can I be fired for filing a workers’ compensation claim in Lancaster, PA?

    Pennsylvania law prohibits employers from retaliating against employees for filing workers’ compensation claims. If you believe you were terminated or faced adverse actions due to filing a claim, you may have legal recourse. Consult with an employment law attorney in Lancaster to explore your rights and potential remedies.

    Are there situations where I can file a personal injury lawsuit instead of a workers’ compensation claim?

    Generally, workers’ compensation is the exclusive remedy for workplace injuries in Pennsylvania. However, there are exceptions. If your injury resulted from the intentional actions of your employer or a third party, you may be eligible to file a personal injury lawsuit. 

    How long do I have to file a workers’ compensation claim in Lancaster, PA?

    In Pennsylvania, the statute of limitations for filing a workers’ compensation claim is three years from the date of the injury. However, it is advisable to report the injury and file the claim as soon as possible to ensure timely access to benefits and a smoother claims process.

    Can an undocumented immigrant in Lancaster, PA, file a workers’ compensation claim?

    Yes, undocumented immigrants in Lancaster, PA, are generally entitled to workers’ compensation benefits. Pennsylvania law does not distinguish between documented and undocumented workers when it comes to accessing workers’ compensation coverage. All employees injured on the job are eligible for benefits.

    How much compensation can I receive for a workplace injury in Lancaster, PA?

    The amount of compensation you receive for a workplace injury in Lancaster, PA, depends on various factors, including the nature and severity of your injury. Workers’ compensation benefits typically cover medical expenses, partial wage loss, and rehabilitation costs. Consulting with a workers’ compensation attorney can help you understand the specific benefits available in your case.

    Should I hire a workers’ compensation attorney in Lancaster?

    While it’s not required, hiring a workers’ compensation attorney in Lancaster can be beneficial, especially if your claim is complex or if issues arise. An attorney can guide you through the process, help you understand your rights, negotiate with insurance companies, and represent you in any legal proceedings.

    Speak to a Lancaster Workplace Injury Attorney Today

    Understanding your rights and obligations regarding workplace injuries is crucial for a smooth and fair resolution. If you have specific legal concerns or need personalized advice, consider consulting with a qualified workplace injury attorney in Lancaster as soon as possible.

    Tips to Prepare for Your Pennsylvania Workers’ Compensation Deposition

    When you’ve been injured on the job in Pennsylvania and filed for the workers’ compensation benefits you are owed, it is possible that the insurer will request that you submit to a deposition. A deposition is testimony that is given under oath and can be used as evidence in your workers’ comp case. Counsel for the insurer will ask you questions related to your claim, and your ability to recover the compensation you are seeking can depend greatly on your answers. Because of this, the importance of being prepared cannot be overstressed. Following are some tips from our Lancaster hurt at work lawyers on being prepared for a workers’ compensation deposition. 

    Know Your Timeline

    The attorney for the insurer will ask you questions about events leading up to the accident, the accident itself, and events that have occurred since the accident. It is important that you know the facts of what happened and when they happened. Before the deposition, look at all the documents and evidence available to you and write down important dates and events, then commit these facts to memory. The counsel for the insurer may attempt to trip you up so that you will appear confused or that you are being intentionally false. Having a clear timeline committed to memory will help you stay focused and able to clearly and correctly answer the questions you are asked during the deposition. 

    Stick to the Facts and Do Not Speculate

    Being injured and having to go through a deposition to receive the funds you are owed is extremely frustrating, and it is natural to want to be sure your story is heard in full. However, during a deposition is not the time to elaborate or speculate on what happened to you. When you are asked a question, answer it in a straightforward and clear manner. Do not embellish, speculate, or offer more than what has been asked. Keep your answers simple. When asked a “yes” or “no” question, answer verbally either “yes” or “no.” No further explanation is needed or wanted. 

    You may feel that you are unable to fully express your side of the story when you are forced to give such a direct answer. Keep in mind before the deposition is over, your lawyer will be able to ask you questions. This will be your opportunity to set straight any matter you, or your lawyer, feel has not been properly addressed.  

    Know the People & Process

    Much of the nervousness brought on by a deposition can be mitigated by being familiar with the deposition process and the people that will be present. While all depositions may vary to a certain degree, in most cases your attorney will ask you questions first. Then, the attorney for the insurer will ask you questions. After that, one of your Lancaster hurt at work lawyers may ask you more questions. In truth, the attorneys may go back and forth several times. 

    The people at the deposition are generally:

    • Injured worker (you)
    • Attorney for the injured worker (your lawyer)
    • Attorney for the insurer
    • Court reporter

    Dress Appropriately & Remain Calm

    A deposition does not typically occur in a courtroom, but it is a legal proceeding and the testimony taken there is admissible in a court of law. Therefore, it is best to approach the deposition with a serious and respectful attitude. Your attire should be business casual, and your demeanor should be calm and courteous. 

    Your credibility will have a substantial impact on how your case proceeds. If you appear to be truthful and reasonable, the odds are in your favor. Also, there may be times during the deposition when you feel you are close to losing your composure. When this occurs, you are allowed to ask for a break so that you have a minute or two to calm your nerves before continuing with the deposition.

    Have One of Our Lancaster Hurt at Work Lawyers Represent You

    Being deposed means being asked questions by the attorney for the insurance company. You can rest assured that their attorney will know the law and will be attempting to settle your claim for as little as possible. The last thing you want to do is go through this process without one of your own Lancaster hurt at work lawyers representing your interests and helping you obtain the benefits you deserve. Your lawyer will help you by:

    • Asking you questions before the deposition so you will be prepared when they are asked at the deposition. 
    • Objecting when an inappropriate or illegal question is asked by opposing counsel. As a layperson, you will likely not know when a question should be objected to. 
    • Helping all parties stay focused and professional. Tensions can escalate during a deposition, and your attorney can help ensure attention stays on the issues that matter and everyone keeps on track. 
    • Asking you questions to be certain a complete and accurate picture of what happened to you is presented. There may be issues that are unclear after opposing counsel questions you, and your attorney can remedy that with their line of questioning. 
    • Making certain you understand the deposition process and what is happening every step of the way. It is likely you will have questions, and your attorney will be able to answer those for you. 
    • Deterring inappropriate conduct. Sometimes, just the actual presence of your lawyer is enough to deter opposing counsel from asking certain questions or using intimidation tactics against you. 

    Speak with One Of Our Lancaster Hurt at Work Lawyers

    Receiving the compensation you deserve after being hurt on the job shouldn’t be difficult. Unfortunately, it often is. The good news is that you don’t have to do battle alone. One of our Lancaster hurt at work lawyers at Vanasse Law, LLC, can guide you every step of the way to help you recover the compensation you deserve. Contact our firm today to learn more.

    What to Do (and Not Do) After a Work Injury

    When you have been injured on the job, there are certain actions you should, and should not, take to make certain your right to recover any compensation you are due is not compromised. 

    Our Lancaster job injury lawyer explains. 

    What To Do After An On-The-Job Injury

    Following are the steps that you should take when you have been injured on the job. 

    Report the Injury

    You are required by law to notify your employer of your injury. While you technically have up to 

    120 days, our Lancaster job injury lawyer advises telling them as soon as possible, as this will help you when you apply for workers’ compensation benefits. It is also important that you notify someone with authority, such as your supervisor or an HR representative. Telling a coworker is not enough. Also, while verbally telling your employer about your injury is acceptable, it may save you problems in the long run if you also submit a letter or report that verifies your injury.

    Seek Medical Attention

    It is important that you seek medical attention for your injury, and that you follow up with any care recommendations made by the physician. Failure to do so may have a negative impact on your ability to collect your workers’ compensation benefits. While you may wish to visit with your own physician, if your employer has complied with certain regulations, and has posted a list of doctors on their website, you are required to visit one of those doctors if it is within the first 90 days after your accident. For guidance on your ability to choose your own doctor, it is best to speak with a Lancaster job injury lawyer at Vanasse Law, LLC. 

    Follow Up With Your Employer

    Within 21 days of reporting your injury to your employer, your employer’s workers’ compensation carrier is required to notify you whether or not your claim for coverage has been accepted or denied. If your claim is accepted, you should receive a Notice of Compensation Payable. If your claim is denied, you should receive a Notice of Compensation Denial. 

    Document Everything

    It is important to document everything that happens in case your claim is denied or you do not receive the full value of your claim. Listed below are some of the items it is important to keep handy:

    • Pictures and videos of your injury as well as the area where the injury occurred 
    • Copies of medical notes and prescriptions
    • Copies of all medical bills
    • Proof of time missed from work due to the injury

    What Not To Do After An On-The-Job Injury

    As important as it is to make certain you do certain things, it is just as important to make sure there are certain actions you refrain from taking, as explained by our Lancaster job injury lawyer below.

    Ignore or Delay Reporting Your Injury

    It is imperative that you do not ignore or delay in reporting your injury to your employer. Doing so seriously jeopardizes your ability to recover under your workers’ compensation claim. If you miss certain deadlines, it can even result in your claim being barred. Do not allow anyone, including the employer, to convince you that you should not report an injury. Even minor injuries can later become serious in nature, and you want to be sure that you can recover the compensation you are owed. 

    Exaggerate or Minimize Your Injuries

    Although it may be tempting to exaggerate your injury, keep in mind that the insurance company will welcome any reason to deny your claim. If they are able to prove that you are being intentionally dishonest, they could very well use that dishonesty to deny you the benefits to which you are entitled. 

    Just as it is not a good idea to exaggerate your injury, it is also inadvisable to minimize the extent of your injury. Sometimes, injured workers minimize their injuries because they are embarrassed to discuss the full extent of the harm they experienced, or because they do not want to appear weak. No matter the reason, it is always best to be honest and disclose all information related to your injury. 

    It is important to be truthful about your injuries at every stage of the claims process, as it is possible that your injuries may spread or become more localized after the initial hurt. It is also possible that the injury has made an old injury worse. In other words, this injury has aggravated a pre-existing injury. Make sure you tell your physician if this is the case and of any other updates or changes.  

    Rely On The Insurance Company & Its Representatives

    Many of the clients that our Lancaster job injury lawyer represents are hard-working, loyal employees, and they trust their employer to take care of them when they become injured. Unfortunately, this is not the way that it works. Even if you do have a great relationship with your employer, it is not them that you will be dealing with. Instead, you will be contacted by a representative, typically an adjuster, from the insurance company. This person is not your friend, even if they appear to be legitimately concerned with your well-being. The same is true for anyone else that works for the insurance company, including a nurse or medical case manager. You should expect that anything you say, no matter how unimportant in your eyes, will be used against you if possible. Because of this, it is best to refer any questions, inquiries, forms, or requests from the insurance company to your Lancaster job injury lawyer

    Speak With A Lancaster Job Injury Lawyer At Vanesse Law, LLC

    If you have suffered a work-related injury, you are likely left feeling overwhelmed and unsure as to what you should do next. At Vanesse Law, LLC, we help people just like you recover the workers’ compensation benefits they are owed. Contact our firm today to schedule an appointment to discuss your potential claim with a knowledgeable Lancaster job injury lawyer.

    How to Prevent Deadly Scaffolding Accidents

    A large number of Pennsylvania residents work with scaffolding every day, most commonly in construction jobs or other building sites. If you are one of these workers, you know that scaffolding presents serious risks to workers. Many serious injuries and fatal accidents are caused by scaffold falls.

    If you have suffered an injury at work in Pennsylvania due to faulty scaffolding, let a Lancaster workplace injury lawyer help with your workers’ comp claim so that your employer or their workers’ comp insurance company doesn’t talk you into an undervalued settlement of your claim.

    OSHA Guidelines

    Due to the inherent dangers involved in scaffolding work, the Occupational Safety and Health Administration (OSHA) (PDF) has developed strict guidelines for the setup and use of scaffolds on job sites. Employers must follow the guidelines set out by OSHA as part of the requirement to provide all employees a safe work environment. Some of the topics covered by the OSHA guidelines include:

    • Fall protection or fall arrest systems
    • Guardrail height
    • Crossbracing
    • Midrails
    • Footings
    • Guying ties and braces
    • Capacity
    • Training
    • Inspections
    • Erecting and Dismantling

    Safety Tips for Working with Scaffolding

    The OSHA guidelines are comprehensive and detailed, but, as is the case with many government agency documents, they are formal and complex. Most construction veterans focus on common-sense safety tips, such as:

    DOs:

    • Make sure a competent person; i.e., an experienced scaffolding veteran has thoroughly inspected the scaffold before anyone climbs it
    • If you’re not sure that a scaffold is safe, ask a supervisor 
    • Use a personal fall arrest system whenever required
    • Wear sturdy shoes with nonslip soles
    • Always wear a hard hat upon or around any scaffold
    • Be aware of any co-workers sharing the scaffold as well as other workers below
    • Move around the scaffolding slowly and carefully
    • Use common sense! If it doesn’t feel safe, it probably isn’t

    DON’Ts

    • Don’t overload a scaffold
    • Don’t leave debris, tools, and other materials lying around the scaffold where someone could accidentally knock them off the platform or trip over them. Keep tools where they’re supposed to be
    • Be careful driving anything heavy, such as a forklift or refuse truck, too close to a scaffold.
    • Avoid using a scaffold entirely during windy or stormy weather, or if the scaffold is covered with ice or snow
    • Don’t take chances! It’s not worth it!

    Let a Lancaster Workplace Injury Lawyer Help You Understand Scaffolding Safety 

    Scaffolds on the worksite are among the most dangerous tools at any construction site. Many construction workers simply won’t use them. If you’re a construction worker who has been injured by a scaffolding accident, a Lancaster workplace injury lawyer at Vanasse Law LLC can help you with your workers’ comp claim. After all, workers’ comp is all we do. Contact us for a same-day response and a free consultation.

    Are Total Knee Replacements Used Too Often?

    According to the Center’s Orthopedic & Neurological Care & Research:

    • By 2030, total knee replacement surgeries are projected to grow 673% to 3.5 million procedures per year
    • About 60% of all knee replacement operations are performed on women
    • Approximately 85% of knee replacements will last for 20 years
    • Nearly half of American adults will develop knee osteoarthritis in at least one knee in their lifetime
    • 80% of osteoarthritis patients have some degree of movement limitation
    • More than 90% of people who have knee replacement surgery experience a dramatic reduction in knee pain

    If you have suffered from an injury at work in Pennsylvania that requires total knee replacement, a Lancaster job injury lawyer can help you with your workers’ comp claim so that you can recover all the financial losses related to such extensive and extended medical care. We understand the laws in Pennsylvania and have experience dealing with severe, long-lasting injuries of all types.

    About Total Knee Replacements

    Total knee replacements have become a regular culprit in Pennsylvania workers’ comp claims. They may occur when a worker has a preexisting condition, such as arthritis, which is then aggravated by a work injury, or when the work injury itself causes damage to a previously healthy knee.

    Part of the problem is unrealistic expectations. Candidates for the procedure are often told that total knee replacement is the “cure” for their chronic knee pain or that the procedure will “reduce knee pain by X%.” However, research has suggested that a significant number of total knee replacement recipients are unhappy with the results and that a substantial number of recipients weren’t even ideal candidates in the first place.

    Still, it cannot be discounted that most people do well with their total knee replacement. Nonetheless, as is the case with any type of surgery, the procedure does carry certain risks, which may include:

    • Injury to related nerves
    • Unexpected bleeding
    • Infection
    • Clots
    • Limited motion of the knee

    As discussed, all of this comes with the risk that the procedure simply won’t relieve your pain in any meaningful way.

    Minimally Invasive Total Knee Replacement

    There is a procedure called “minimally invasive total knee replacement,” during which a smaller incision is used and is often performed under general or spinal anesthesia. This procedure causes less damage and is easier to tolerate and recover from. It may not, however, provide adequate repair or relief from pain. A Lancaster Job Injury Lawyer at Vanasse Law LLC can help you discuss your options with your doctor and select the best procedure for your particular circumstances.

    Learn More About Knee Replacement Surgery From a Lancaster Job Injury Lawyer

    Whether you’re considering total knee replacement or minimally invasive total knee replacement, you need to look at all of your options and how each impacts your workers’ comp claim. A Lancaster Job Injury Lawyer at Vanasse Law LLC can help you with your claim; simply contact us for a same-day response and a free consultation.

    How Can I Help Prevent Scaffolding and Ladder Accidents at Work?

    Scaffolding, also known as staging, is a temporary metal structure used to provide a platform for a work crew to perform its work at heights that are too high to work on from the floor. It can be a supporting structure made of poles, frames, or platforms that are suspended from above. Because scaffolds are high up by their very nature, they are also inherently dangerous.

    According to the U.S. Occupational Safety and Health Administration (OSHA), 2.3 million construction workers, or 65% of the U.S. construction workforce, work on scaffolds. With numbers this high, scaffold and ladder-related accidents are, for the most part, inevitable. 

    In Pennsylvania, OSHA safety regulations regarding scaffolding apply to those who work in the construction industry, but there are also additional legal options for such workers. For example, construction workers may also be protected by Pennsylvania’s product liability laws. A defective product can cause serious injury, and unfortunately, if scaffolding is defective, the end results can be deadly.

    If you have suffered from an injury at work In Pennsylvania, a Lancaster workplace accident attorney at our law firm can help. Whether it is a workers’ comp claim or a legal claim, we understand the Pennsylvania workers’ comp laws and strategy behind the burden of proof and will use these standards to help you establish your claim.

    How Can We Avoid Scaffolding and Ladder Accidents?

    Scaffold and ladder workers can maximize their safety with a few simple steps, including:

    • Always use a spotter for balancing heaving loading
    • Always use protective gear, including life jackets, and check your ladders and scaffolds
    • Organize power tools, toolboxes, and various types of clutter to keep a clean, safe workspace 
    • Clean up spills immediately to avoid slip-and-fall accidents
    • Use designated access areas to climb scaffolding and ladders, and never stand on storage trunks, old ladders, or boxes
    • Know the load capacities of the ladders and scaffolding and do not exceed them
    • Report safety violations or concerns to a supervisor
    • Use single-rail ladders
    • So not exceed the maximum intended load beyond any manufacturer’s rated capacity,
    • Secure ladder feet are on slippery surfaces
    • Use ladders with worn steps
    • Use ladders without nonconductive side rails, which increase the chances of exposure to electrical equipment

    Learn More About Workers’ Comp Claims From a Lancaster Workplace Accident Attorney

    Scaffolding and ladders have been extremely dangerous in the workplace for far too long and can be even more dangerous when they’re used together in unsafe conditions. It is the employer’s responsibility to ensure you know how to use all equipment properly and in a safe manner. However, it is always best to lookout for our own protection and safety needs. That said, you are encouraged to use your own common sense based on the specific situation at your workplace and always follow any instructions or guidance provided to the letter. It’s a good idea for you to practice a bit with an experienced scaffold or ladder worker before you go up on your own.

    If you have been injured at work because of a scaffolding or ladder accident, let a Lancaster workplace accident attorney at Vanasse Law LLC help you with your claim. You can contact us for a same-day response and a free consultation.