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.
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.
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.
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:
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.
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:
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.
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.
Following are the steps that you should take when you have been injured on the job.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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:
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:
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.
According to the Center’s Orthopedic & Neurological Care & Research:
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.
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:
As discussed, all of this comes with the risk that the procedure simply won’t relieve your pain in any meaningful way.
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.
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.
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.
Scaffold and ladder workers can maximize their safety with a few simple steps, including:
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.
The Occupational Safety and Health Administration’s (OSHAs) regulations regarding trenching and excavations have made getting rid of potential and actual trench and excavation hazards on construction sites a top priority. Trench collapses and subsequent cave-ins pose a great risk to trench workers’ lives. That said, it is important for workers to know and understand their rights under the law.
Some typical ways to prevent cave-ins include:
Employers should also provide safe ways to enter and exit. Additionally, all workers should be on constant lookout for hazardous materials or leaks. And if there’s ever any question or concern, NEVER enter a trench unless and until it has been properly inspected.
There are other hazards related to trenching and excavations that workers need to know about before beginning any construction project. For instance, the atmosphere itself may be a health hazard for workers. OSHA requires testing for all excavations that are more than four feet deep, as well as in situations where oxygen levels may be low or other hazardous atmospheric conditions may exist. If this safety step is skipped, workers could be exposed to toxic chemicals or even worse — they could suffocate.
Further, heavy machines, trucks, backhoes, etc. are typically used on excavation and trenching sites. Employers have an obligation to ensure all workers on the project know how to properly use such equipment, as improper use could result in serious and severe injuries.
If you have been injured at work in Pennsylvania, a Lancaster workplace accident attorney can help you with your workers’ comp claims and review the circumstances surrounding the trench collapse and/or excavation accident. as well as advise on other potential legal claims you may have. We understand the laws and strategies needed for such cases and will use that to help you establish your claim.
Construction site managers and workers can maximize their safety by ensuring the following has occurred:
If you have been injured at work because of a trench or excavation 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.
Workers’ comp in Pennsylvania, like most states, is a double-edged sword. The good news is that if you’re hurt on the job, you don’t have to show negligence or any type of fault by the employer. If you are hurt at work, you receive the benefits. The bad news is that your compensation is strictly limited to your workers’ comp benefits; in other words, the workers’ comp benefits are your exclusive remedy. This is known as the “Exclusive Remedy Rule.”
This is problematic for injured workers because workers’ comp only pays for medical expenses, lost wages, and disability. Yet, a typical negligence lawsuit also pays non-economic damages, such as pain and suffering and emotional distress. So, the key to recovering the most financial compensation is to find a way around workers’ comp and file a negligence or intentional tort claim. If you have suffered a work-related injury in Pennsylvania, let a Lancaster work injury lawyer help you be sure you’re recovering the maximum financial compensation you are legally entitled to.
Exceptions are rare in Pennsylvania. You are only allowed to bring a lawsuit for your work-related injuries if:
Third-party injuries are more common than you may think. For example, some third parties that may be responsible for work-related injuries include:
Third parties are commonly responsible for work-related injuries and are not exempt from liability by workers’ comp laws. However, it can be difficult to identify who these third parties may be. That’s where a Lancaster work injury lawyer at Vanasse Law LLC can help. Contact us for a same-day response and a free consultation.
According to the National Library of Medicine’sNational Center for Biotechnology Information, there is a “substantial overlap between chronic pain and posttraumatic stress disorder (PTSD) symptoms in individuals who sustain accidental injury.” In subsequent studies, “[m]ost participants reported chronic pain and all were receiving workers compensation. Results indicated that 34.7% and 18.2% of the sample reported symptoms consistent with PTSD and partial PTSD.”
More simply speaking, evidence shows that work-related injuries can cause chronic pain, which leads to PTSD. An increasing number of states are passing new laws, rules, and regulations that allow the general workforce to receive workers’ comp benefits for mental health conditions caused by a person’s job, including PTSD.
While there has been substantial progress in recent years, much more needs to be done. Workers often face disheartening roadblocks when filing for their PTSD workers’ comp benefits, and many simply give up. If you have suffered a work-related injury in Pennsylvania, let a Lancaster workplace accident lawyer at Vanasse Law LLC help you recover the financial compensation to which you’re entitled.
Pennsylvania is one of the few progressive states that recognize “mental-mental” injuries as workers’ comp injuries. A mental-mental workers’ comp injury is an injury that is the result of psychological trauma that was experienced in the workplace. For example, say your workplace was the scene of a shooting or an explosion or was robbed at gunpoint. These types of incidents can cause severe depression, abnormally high stress levels, and anxiety, particularly if your life was endangered.
PTSD can manifest itself through a wide variety of symptoms, including:
PTSD can also result in physical symptoms, such as:
PTSD has only been recognized in recent years, and for people other than military survivors and first responders, it is still only starting to gain traction as a very real and serious problem. PTSD can cause not only serious mental issues but genuine physical injuries as well.
As a result, PTSD workers’ comp claims can be problematic if these injuries are challenged. If you’ve had PTSD as a result of a work-related incident, contact a Lancaster workplace accident lawyer at Vanasse Law LLC for a same-day response. We offer a free consultation.
In most cases, when an employee is injured on the job or develops an occupational illness, it is considered a workers’ comp injury that is eligible for a workers’ comp claim. For help regarding work-related injuries and illnesses, contact a Lancaster job accident lawyer at Vanasse Law LLC.
If the claim is approved, the employee can receive medical coverage, wage replacement, and other benefits as compensation for the injury. However, to access these benefits, both the employee and employer must follow certain steps to ensure the benefits are distributed.
Workers’ comp protects employees in that they do not have to establish fault by the employer. If you are hurt at work, benefits are likely available to you even if your employer did nothing wrong. Workers’ compensation also protects employers in that the benefits are generally the employee’s sole remedy — meaning you typically can’t sue the employer even if they were at fault. This is why workers’ comp is sometimes referred to as “workers’ comp insurance.”
Of course, our Lancaster job accident lawyer knows there are various exceptions to these rules. The process of filing a workers’ comp claim for a workplace injury or illness can be quite complicated because of the multiple parties involved. These parties may include the employee, the employer, the insurance company, the healthcare provider, and the state’s workers’ compensation board.
Workers’ comp covers injuries and illnesses that are within the “course and scope of your employment.” Most courts have interpreted this phrase broadly, in favor of the employee, and have been lenient regarding covered injuries. In general, if you were engaged in an activity that benefits your employer, your injury will be covered.
Some of the most common workplace injuries/illnesses include:
It can be difficult to determine if workers’ comp covers some types of work-related injuries or illnesses. If you have suffered what you suspect is a compensable injury, contact a Lancaster job accident lawyer at Vanasse Law LLC. Workers’ comp is what we do. Our experienced workers’ comp attorneys will help you explore your legal options, which may include third-party claims, and help you with your claims.
Let us help. Contact us online for a same-day response.
Every state provides for “workers’ compensation,” otherwise known as “worker’s comp” or “workers’ comp insurance” for workers who are injured on the job. Workers’ comp insurance works like this: employees who suffer work-related injuries or illnesses receive workers’ comp benefits for things like medical expenses and lost wages.
The trade-off is that these workers’ comp benefits are the sole remedy for these employees. In most cases, they cannot sue their employer for these injuries, even if the employer was at fault.
If you have been injured on the job in Pennsylvania, let a Lancaster workplace accident attorney help you with this important decision process.
MMI, or Maximum Medical Improvement, is the point at which your doctor believes that your condition has improved as much as it ever will. You may be healed, or it may mean that your medical condition will not change in any meaningful way in the future. Your treating doctor is the one who determines whether you have reached MMI.
The first consequence of reaching your MMI is that your insurance company will likely want you to be examined by one of its physicians for an independent medical examination (IME) to determine whether you have really reached your MMI. You may also be offered a settlement in the form of either:
Remember that your insurance company does not have your best interests in mind.
In Pennsylvania, reaching MMI is a prerequisite for the performance of an Impairment Rating Evaluation (IRE). When workers have been getting workers’ comp benefits for 104 weeks, a medical impairment rating is needed to verify the existence and extent of a worker’s injuries and whether he or she can return to work. If you have not reached MMI at this time, the IRE would be invalid.
Assessing the loss of physical function determines the impairment rating. If, according to the IRE, it is determined that an employee has an impairment of less than 35%, then wage loss payment benefits will be capped at a maximum of 500 weeks.
If you have reached MMI, and your IRE determines that you are healthy enough to return to work, your benefits will stop, and you will return to your job.
If the IRE shows that you are left with an ongoing medical problem that prevents you from going back to work at all or only lets you work part-time on a limited basis, you may then qualify for benefits that may include:
Under Pennsylvania law, there is no limit on how long an injured employee can receive total disability payments.
If your doctor and the IME doctor disagree on your condition, you do not have to accept the IME doctor’s determination, and a Lancaster workplace accident attorney at Vanasse Law LLC can negotiate for further benefits. If both physicians agree that your MMI has been reached, but you still have an ongoing disability, your attorney can help you reach a settlement with your employer’s workers’ comp insurance company.
The rules surrounding workers’ comp in Pennsylvania can be complicated. A Lancaster workplace accident attorney at Vanasse Law LLC will help you understand Pennsylvania law regarding workers’ comp, help you identify your options, and file any workers’ comp or legal claims on your behalf.
Contact us online for a same-day response.
30 East Roseville Road, Suite C
Lancaster, PA 17601
Phone: 717-397-1010
Office Hours:
After Hours: 717-471-2168
Fax: 717-397-2644
Vanasse Law LLC is conveniently located just north of center city Lancaster just off Route 30. We are in Sterling Center just off Lititz Pike/Route 501. Our office has plenty of free parking and is handicapped accessible.
Located in Lancaster, Pennsylvania, Vanasse Law LLC serves injured workers throughout Lancaster County and surrounding communities.
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