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    Archive for the ‘Workplace Injuries’ Category

    Workplace Injuries: Your Rights and Responsibilities When Returning to Work

    Suffering a workplace injury can be a life-altering experience, affecting not only your physical and mental well-being but also your financial stability. If you’re a Pennsylvania worker, understanding your rights and responsibilities when returning to work after an injury is crucial. This knowledge ensures that you make informed decisions about your health, employment, and benefits. In this blog, our Lancaster job accident lawyer explores key aspects of returning to work after a workplace injury, focusing on Pennsylvania’s workers’ compensation laws and what you need to know.

    Your Rights When Returning to Work After an Injury

    Returning to work after an injury involves navigating a complex intersection of medical advice, employer policies, and workers’ compensation rules. As an injured worker in Pennsylvania, you have several rights designed to protect you during this transitional period.

    Right to Medical Clearance

    Your first right as an injured worker is to receive medical clearance before returning to work. Pennsylvania workers’ compensation laws require that your treating physician or an independent medical examiner determine your ability to resume work. This clearance ensures you are not returning to work prematurely, which could exacerbate your condition.

    What This Means for You:

    • You cannot be forced to return to work if your doctor has not approved it.
    • If your employer disputes your ability to return, they may request an independent medical examination (IME), but this must be conducted by an approved physician.

    Right to Modified or Light-Duty Work

    If you’re not fully recovered, your employer may offer a modified or light-duty position. This is work that accommodates your physical limitations, as documented by your physician.

    Key Points to Consider:

    • Your employer must provide a written job description that aligns with your medical restrictions.
    • You have the right to refuse tasks that exceed your physical limitations as outlined by your doctor.
    • If you attempt a light-duty role and find it too challenging, you can notify your employer and doctor to reassess your situation.

    Protection Against Retaliation

    Pennsylvania law prohibits employers from retaliating against employees for filing workers’ compensation claims or being unable to work due to injury.

    Examples of Retaliation:

    • Termination or demotion due to your injury or workers’ comp claim.
    • Unfair treatment, such as being denied opportunities given to other employees.
    • Harassment or pressure to return to work prematurely.

    If you suspect retaliation, you can file a complaint with the Pennsylvania Human Relations Commission (PHRC) or consult a workers’ compensation attorney.

    Right to Ongoing Benefits if You Can’t Work

    If your injury prevents you from returning to work, even in a light-duty capacity, you are entitled to continue receiving workers’ compensation benefits. These benefits typically cover:

    • Medical expenses related to your injury.
    • Wage-loss compensation equal to two-thirds of your average weekly wage (up to the state maximum).

    Your employer or their insurance carrier cannot cut off your benefits without proper justification and due process.

    Your Responsibilities When Returning to Work

    While you have significant rights as an injured worker, you also bear responsibilities when returning to work. Failing to meet these obligations could jeopardize your benefits or employment.

    1. Follow Your Doctor’s Recommendations

    One of your primary responsibilities is to adhere to your doctor’s treatment plan and restrictions. This includes attending follow-up appointments, undergoing recommended therapies, and avoiding activities that could delay your recovery.

    Why It Matters:

    • Deviating from your treatment plan may be viewed as non-compliance, giving your employer or their insurer grounds to challenge your benefits.
    • Following your doctor’s advice helps you heal more effectively and reduces the risk of reinjury.

    2. Communicate with Your Employer

    Maintaining open communication with your employer is essential throughout the recovery process. Notify them promptly of your ability to return to work, any restrictions, and your progress.

    Tips for Communication:

    • Provide updates from your doctor about your recovery and work capabilities.
    • If you’re offered a light-duty role, ensure you fully understand the job requirements and communicate any concerns about your ability to perform them.

    3. Attempt Suitable Work

    If your employer offers you a position that aligns with your medical restrictions, you are generally expected to attempt the role. Refusing suitable work without justification may lead to the suspension of your benefits.

    Important Considerations:

    • If you find the tasks aggravate your injury, notify your supervisor and doctor immediately.
    • Document any difficulties or incidents that occur while performing light-duty tasks.

    4. Report Changes in Your Condition

    If your condition improves or worsens, it is your responsibility to inform your doctor, employer, and the workers’ compensation insurance carrier. This ensures that your medical records and work capacity assessments are accurate.

    Challenges You May Face When Returning to Work

    Returning to work after an injury is not always straightforward. Understanding potential challenges can help you prepare and seek appropriate support.

    1. Employer Disputes Over Work Capacity

    In some cases, employers or their insurance companies may challenge your doctor’s assessment, claiming you are fit to return to full duties. They may rely on an IME that contradicts your treating physician’s recommendations.

    What to Do:

    • Consult an experienced workers’ compensation attorney to challenge unfair IME findings.
    • Gather medical evidence, including detailed reports from your treating physician.

    2. Pressure to Return Too Soon

    Some employers may pressure injured workers to return before they are fully healed, especially in industries with tight labor demands. This can lead to reinjury or prolonged recovery.

    How to Handle It:

    • Stand firm in following your doctor’s advice.
    • Notify the Pennsylvania Bureau of Workers’ Compensation if your employer forces you to return prematurely.

    3. Difficulty Adjusting to Work

    Even with medical clearance, returning to work after an injury can be physically and emotionally challenging. You may struggle with reduced stamina, pain, or fear of re-injury.

    Tips for Adjustment:

    • Take breaks as needed and pace yourself within your restrictions.
    • Seek counseling or support groups if anxiety or stress becomes overwhelming.

    What Happens If You Can’t Return to Work?

    In some cases, your injury may prevent you from returning to any type of work. If this happens, you may qualify for additional benefits, such as:

    • Permanent Total Disability Benefits: If your injury permanently prevents you from working.
    • Vocational Rehabilitation Services: Assistance in training for a new career or finding alternative employment.
    • Social Security Disability Benefits (SSDI): Federal benefits for workers with long-term or permanent disabilities.

    When to Seek Legal Help

    Navigating workers’ compensation laws and employer expectations can be daunting. If you encounter any of the following situations, it’s wise to consult a workers’ compensation attorney:

    • Your employer denies your claim or disputes your medical restrictions.
    • You face retaliation for your injury or workers’ compensation claim.
    • Your benefits are unfairly reduced or terminated.
    • You need help negotiating a settlement.

    Returning to work after a workplace injury is a significant milestone in your recovery journey. By understanding your rights and responsibilities, you can protect your health, secure your benefits, and ease your transition back to the workforce. Pennsylvania workers’ compensation laws are designed to support you, but challenges may arise. In such cases, seeking legal guidance ensures your rights remain protected, allowing you to focus on what matters most—your recovery. Contact us today.

    Choosing the Right Lancaster Work Injury Lawyer for Your Case

    Suffering a work-related injury can be a traumatic and life-altering experience, particularly when it disrupts your ability to earn a living and manage daily life. In Lancaster, PA, many workers are employed in industries that involve physical labor and potential hazards, such as construction, manufacturing, and agriculture. When injuries occur, having the right legal representation can make all the difference in securing the benefits and compensation you deserve.

    Choosing a work injury lawyer can be challenging, as the decision involves not only finding a competent attorney but also one who understands your specific needs and the intricacies of Pennsylvania’s workers’ compensation laws. Here’s a comprehensive guide to help you make an informed decision when selecting the best Lancaster work injury lawyer for your case.

    1. Experience and Specialization in Workers’ Compensation Law

    One of the most important factors to consider when choosing a work injury lawyer is their experience and specialization in handling workers’ compensation cases. Pennsylvania workers’ compensation laws are complex, and an attorney with experience in this area will understand the nuances of the legal system and the tactics insurance companies use to reduce or deny claims.

    • Experience in Work Injury Cases: It’s crucial to choose a lawyer who has successfully handled cases similar to yours. Ask about the attorney’s track record and inquire how many work injury cases they’ve managed, particularly in Lancaster and the surrounding area. Local experience is valuable because they’ll be familiar with local courts, judges, and other lawyers, which can be beneficial to your case.
    • Specialization: Workers’ compensation law is a specific legal area, and while many lawyers handle personal injury cases, not all are equipped to navigate the complexities of a work injury claim. Look for attorneys who specialize in workers’ compensation and workplace injury cases. Specialized knowledge of workers’ compensation statutes, benefits, and the claims process is critical in securing the compensation you deserve.

    2. Reputation and Client Testimonials

    An attorney’s reputation in the legal community and among former clients can give you significant insight into their capabilities and level of client service. A highly regarded work injury lawyer will have a history of satisfied clients and a solid standing among their peers.

    • Client Testimonials and Reviews: Take the time to read online reviews and client testimonials. Many law firms feature these on their websites, but you can also find unbiased reviews on platforms like Google, Avvo, or Yelp. Pay attention to the overall satisfaction of clients and whether they felt their attorney was responsive, knowledgeable, and dedicated to their case.
    • Peer Recognition and Awards: Recognition from fellow attorneys and legal organizations can be a good indicator of a lawyer’s expertise and professionalism. Look for accolades such as inclusion in Super Lawyers, Best Lawyers, or other reputable legal directories. These honors typically reflect high levels of achievement and respect in the legal community.

    3. Availability and Communication

    One of the biggest frustrations injured workers face when dealing with legal representation is poor communication. The process of pursuing a workers’ compensation claim can be stressful, and having a lawyer who keeps you informed and answers your questions in a timely manner is essential.

    • Accessibility: Choose a lawyer who is readily accessible to you throughout the course of your case. This includes having open lines of communication via phone, email, and in-person meetings. Ask potential attorneys about their communication policies and how frequently they will provide updates on your case.
    • Personal Attention: Many larger firms assign cases to junior attorneys or paralegals. While delegating some work is common, you should still expect the lead attorney to be actively involved in your case. Ensure that you’ll have direct access to the lawyer you hire and that they will be handling the key aspects of your case personally.

    4. Track Record of Success with Workers’ Compensation Claims

    When selecting a Lancaster work injury lawyer, it’s essential to choose someone with a proven track record of success in workers’ compensation claims. While past success doesn’t guarantee a win in your case, it does indicate that the attorney has the skills and experience to navigate the legal process effectively.

    • Settlement vs. Trial Experience: Some workers’ compensation cases are settled through negotiations, while others may go to trial. It’s important to know that your lawyer has experience in both areas. A skilled negotiator can secure a favorable settlement without the need for a lengthy trial, but if your case goes to court, your attorney must be confident and experienced in the courtroom.
    • Winning Appeals: Not every workers’ compensation claim is approved on the first attempt. If your claim is denied, you’ll want an attorney who has experience with appeals. Ask the lawyer about their success rate in appealing denied workers’ compensation claims and taking cases to the Pennsylvania Workers’ Compensation Appeal Board.

    5. Fee Structure and Costs

    Another key consideration when choosing a work injury lawyer is understanding how their fees and costs are structured. Most workers’ compensation lawyers work on a contingency fee basis, meaning they don’t get paid unless they win your case. This can alleviate some financial stress since you won’t need to pay upfront for legal services.

    • Contingency Fees: Typically, workers’ compensation attorneys in Pennsylvania are entitled to a percentage of the compensation you receive. The standard rate is often around 20%, but it’s important to confirm this with the attorney. Ask for a clear explanation of how their fees will be calculated and what percentage of your settlement or award they will take.
    • Additional Costs: In addition to attorney fees, there may be additional costs associated with your case, such as filing fees, expert witness fees, or medical record retrieval costs. Make sure the lawyer provides you with a breakdown of any potential expenses so that you know what to expect.

    6. Familiarity with Lancaster’s Workers’ Compensation Process

    Lancaster has its own local nuances when it comes to handling workers’ compensation claims. Having an attorney who is familiar with the local legal landscape, including Lancaster’s judges, workers’ compensation offices, and insurance companies, can give you an advantage.

    • Local Knowledge: Attorneys with experience in Lancaster are likely to have relationships with local professionals who play a role in workers’ compensation claims. This can include familiarity with local doctors, vocational experts, and medical specialists who may testify or provide assessments in your case.
    • Knowledge of Pennsylvania Laws: Workers’ compensation laws vary from state to state, and Pennsylvania’s system has specific rules regarding wage loss benefits, medical treatment, and partial disability benefits. Choose a lawyer who thoroughly understands Pennsylvania’s laws and can apply them to your advantage.

    7. Consultations and Case Evaluation

    Most workers’ compensation attorneys offer a free initial consultation. This meeting is a valuable opportunity for you to evaluate the lawyer and determine whether they are the right fit for your case.

    • Ask Questions: Prepare a list of questions to ask during the consultation. These should include inquiries about the lawyer’s experience, their strategy for handling your case, potential outcomes, and how they plan to communicate with you. The consultation will also give you a sense of the attorney’s personality and whether you feel comfortable working with them.
    • Case Evaluation: During the consultation, the lawyer should provide a preliminary evaluation of your case. While they can’t guarantee a specific outcome, they should be able to offer an honest assessment of your chances and any potential challenges you may face.

    8. Comfort and Trust

    The attorney-client relationship is built on trust, and it’s essential to choose a lawyer with whom you feel comfortable. Work injury cases can take time to resolve, and you want to be confident that your attorney is looking out for your best interests.

    • Personal Rapport: The consultation will give you a sense of whether the lawyer is someone you can trust. Do they listen carefully to your concerns? Do they answer your questions thoroughly? Are they empathetic to your situation?
    • Transparency: Transparency is key when dealing with legal matters. Choose an attorney who is open about the challenges of your case and who sets realistic expectations for the outcome.

    Contact a Lancaster Work Injury Lawyer To Learn How We Can Help

    Choosing the right work injury lawyer in Lancaster is a critical decision that can have a significant impact on the outcome of your workers’ compensation claim. By considering factors such as experience, reputation, communication, and familiarity with the local legal system, you can ensure that you have the best possible representation. Take your time to research and meet with potential attorneys before making your decision. The right lawyer will not only fight for your rights but will also provide the support and guidance you need throughout the legal process. Contact us today.

    Staying Safe at Work: The Top 10 Most Common Workplace Injuries

    Job locations and work areas are environments where productivity and safety often intersect. Despite strict regulations and safety protocols, workplace injuries remain a significant concern across all types of industries. That being the case, gaining an understanding of the most common workplace injuries, their causes, impacts, and prevention strategies is crucial for ensuring a safe and healthy work environment for all workers in Lancaster and throughout Pennsylvania. Our Lancaster job accident lawyer discusses the top 10 most prevalent workplace injuries and provides insight into the underlying factors and effective preventive measures.

    1. Strains and Sprains

    Strains and sprains constitute a significant portion of workplace injuries, often resulting from overexertion, lifting heavy objects, or repetitive motions. These injuries primarily affect muscles, tendons, and ligaments, leading to discomfort, reduced mobility, and decreased productivity. Implementing various ergonomic practices, providing proper training on lifting techniques, and encouraging regular breaks can mitigate the risk of strains and sprains.

    2. Falls

    Falls are one of the leading causes of workplace injuries, encompassing slips, trips, and falls from heights. Additionally, wet or slippery surfaces, cluttered walkways, and inadequate fall protection systems contribute to fall-related accidents. Employers can minimize these risks by maintaining clean and dry floors, installing handrails and guardrails, and regularly inspecting work areas to identify potential hazards.

    3. Cuts and Lacerations

    Sharp objects, machinery, and tools pose a constant threat of cuts and lacerations in the workplace. Our Lancaster job accident lawyer has found throughout the years of handling workers’ compensation cases that inadequate training, improper use of equipment, and lack of personal protective equipment (PPE) increase the likelihood of these injuries. Implementing safety protocols, providing appropriate PPE, and ensuring employees receive comprehensive training on equipment usage and handling can help keep everyone safe in an effort to avoid cuts and lacerations.

    4. Repetitive Strain Injuries (RSIs)

    Repetitive strain injuries, such as carpal tunnel syndrome and tendonitis, arise from repetitive motions or prolonged exposure to awkward postures. Office workers, assembly line workers, and individuals engaged in manual tasks are particularly susceptible to RSIs. Employers can address this issue by implementing ergonomic workstation designs, promoting rotation of tasks, and conducting ergonomic assessments to identify and address risk factors.

    5. Struck by Objects

    Depending on the industry, some workers face the risk of being struck by objects, including falling tools, flying debris, or moving machinery parts. Why? Failure to use proper protective gear, inadequate signage, and lack of spatial awareness contribute to these incidents. Employers should enforce strict safety protocols, provide appropriate PPE, and implement barriers or guardrails to prevent workers from being struck by objects. If you work in an environment that lacks such protections, we encourage you to speak with a Lancaster job accident lawyer as soon as possible to learn more about your legal rights and options if you’ve been involved in an on-the-job accident.

    6. Electrical Accidents

    Electrical accidents pose a significant risk in industries where workers come into contact with live wires, faulty equipment, or inadequate wiring systems. Lack of proper training, failure to de-energize equipment before maintenance, and inadequate lockout/tagout procedures increase the likelihood of electrical injuries. Employers must prioritize electrical safety by providing comprehensive training, conducting regular inspections, and ensuring compliance with electrical codes and standards.

    7. Burns

    Burn injuries can occur due to exposure to hot surfaces, chemicals, or flames in the workplace. Improper handling of hot liquids, malfunctioning equipment, and inadequate ventilation systems contribute to burn incidents. Employers need to have strict safety protocols in place for handling hazardous materials, provide appropriate PPE, and conduct regular maintenance checks to prevent burn injuries.

    8. Falls from Heights

    Workers in construction, maintenance, and other industries involving elevated workspaces face the risk of falls from heights. Failure to use fall protection equipment, unstable working surfaces, and lack of proper training exacerbate the risk of such accidents. Employers must prioritize fall prevention measures, such as providing fall protection systems, conducting regular safety training, and ensuring compliance with OSHA regulations.

    9. Exposure to Harmful Substances

    Workers may be exposed to harmful substances, including chemicals, fumes, and biological agents, which can cause respiratory problems, skin irritations, or long-term health issues. Inadequate ventilation, improper storage of hazardous materials, and lack of proper PPE contribute to exposure-related injuries. Employers and worksite supervisors alike should have strict safety protocols in place for handling and storing hazardous substances and provide appropriate PPE as well as conduct regular monitoring to prevent exposure incidents.

    10. Caught in or Between Objects

    Workers risk being caught in or between objects, such as machinery, vehicles, or collapsing structures, leading to crushing injuries or amputations. Inadequate machine guarding, improper lockout/tagout procedures, and lack of training on equipment operation increase the likelihood of these accidents. Employers should prioritize machine safety by installing proper guards, providing comprehensive training on equipment usage, and enforcing strict lockout/tagout procedures.

    Hurt on the Job? Help is Available. Speak to a Lancaster Job Accident Lawyer Today.

    Workplace injuries significantly threaten employee safety, productivity, and overall good health. By understanding the most common types of workplace injuries and implementing proactive prevention strategies, employers can create a safer work environment and reduce the incidence of accidents. Prioritizing employee training, implementing safety protocols, and fostering a culture of safety awareness are essential steps toward mitigating workplace injuries and promoting a culture of health and well-being in the workplace. If you have any questions or concerns, do not hesitate to contact a Lancaster job accident lawyer at our office for immediate assistance. We’re here to help.

    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.

    5 Types of Injuries That You May Not Realize Can Qualify For Workers’ Compensation Benefits

    Most people relate workers’ compensation to injuries caused by accidents on the job, such as when an employee breaks their back when falling off a ladder at work. While these types of accidents do generally qualify for workers’ comp benefits, benefits are also available to workers injured in less typical ways.

    If you have questions about whether or not your illness or injury is covered by workers comp in Pennsylvania, contact Vanasse Law, LLC, and speak with a Lancaster workers’ compensation attorney.    

    #1 Pre-Existing Conditions

    Many employees are not aware that under certain conditions they may be able to recover workers’ comp benefits for a pre-existing condition. Benefits are generally available when your current employment has aggravated a pre-existing injury and you are able to prove that you are experiencing an increase in symptoms. The aggravation itself is viewed as a new injury and workers comp benefits may be available. It is not a requirement that the previous injury was work-related, but the aggravated condition must be related to your employment. 

    A Lancaster workers’ compensation attorney from Vanasse Law, LLC, can speak with you about your pre-existing condition and whether or not you are able to collect workers’ compensation benefits. Benefits could include lost wages, medical bills, medications, and doctor office visits. Documentation will be key in obtaining benefits, so be sure to maintain all medical records that prove the aggravation of your injury and provide the documentation to your lawyer. 

    #2 Repetitive Injuries

    A repetitive, or stress, injury occurs when you perform the same motion over and over again. Typically, these injuries occur over a length of time and without treatment can cause permanent damage to nerves, muscles, or tendons. These types of injuries occur in places of movement on the body, such as the knees, hands, lower back, and elbows. An example of a repetitive injury is carpal tunnel syndrome. 

    Certain jobs tend to have more repetitive injuries than others, including:

    • Manufacturing jobs
    • Office and clerical jobs
    • Construction jobs

    At Vanasse Law, LLC, our attorneys are well-versed in repetitive injuries and can assist you when you are seeking the compensation you deserve for them. 

    As these injuries occur over time, there are some signs that you should be aware of that can indicate you have developed a repetitive injury. These symptoms include:

    • Loss of sensation
    • Tingling
    • Muscle weakness
    • Pain
    • Throbbing

    If you are suffering from any of these symptoms and you think they are caused by a repetitive injury, seek assistance from your medical doctor. Then, contact a Lancaster workers’ compensation attorney.

    #3 Off-Site Injuries

    While it is true that most work injuries occur at the place of employment, it is not required that it happen on the job site. There are situations where an employee can be injured somewhere other than work but still qualify for workers’ compensation benefits. §301(c) of the Penn Workers Comp Act states that the act is meant to apply to an employee that suffers an injury “arising in the course of his employment and related thereto.” It also states that it applies to “all other injuries sustained” “whether upon the employer’s premises or elsewhere.”

    An example of this would be if an employer asked an employee to go to the post office to mail a package, and on the way to the post office, the employee was struck by a distracted driver. The employee in this situation would be acting in the course of their employment and as such, should be entitled to workers’ comp benefits even though they were not located on the employer’s premises when the injury occurred. 

    A Lancaster workers’ compensation attorney from Vanasse Law LLC can address any concerns you may have regarding your injury and whether or not you are entitled to workers’ compensation benefits. 

    #4 Occupational Diseases

    Occupational diseases are illnesses that are caused by an employee’s exposure to certain toxins and health hazards due to their work environment. §108 of the Penn Workers Comp Act defines what an occupational disease under the act is, and certain diseases and illnesses are presumed to be connected to employment under certain circumstances. For example, for nurses, tuberculosis and hepatitis are assumed to be related to their occupation. For firemen with four or more years of experience, diseases of the heart and lungs are related to their occupation. 

    Even if a certain disease is not listed in the act as being related to a certain occupation, it may still be compensable under certain circumstances. A Lancaster workers’ compensation attorney from Vanasse Law, LLC, can advise you as to whether or not the disease you are diagnosed with is compensable under Pennsylvania workers’ comp. 

    #5 Loss of Hearing & Vision

    Some Pennsylvania workers may be eligible to receive workers’ compensation benefits for loss of hearing and vision. For the loss to be compensable under workman’s comp, it must be for a minimum of 10%. Loss can be from long-term exposure to loud conditions or due to an accident. The cause of the loss will determine how the percentage is calculated. 

    Vision loss is considered a specific loss under the statute and you may be able to recover compensation for that loss. Injuries to the eye are treated just as any other injury under the workers’ comp statute. 

    With a loss of vision or hearing, a Lancaster workers’ compensation attorney from Vanasse Law, LLC, can help you determine the benefits to which you may be entitled. 

    Consult With An Experienced Lancaster Workers’ Compensation Attorney At Vanasse Law, LLC

    If you have suffered an injury or accident related to your employment, and you have questions regarding your ability to recover under a workers’ comp claim, contact our firm and schedule a consultation with a Lancaster workers’ compensation attorney. We concentrate our practice on assisting injured workers and have the experience necessary to help you obtain the compensation and benefits to which you are entitled.

    What You Need to Know About Workers’ Compensation and Medical Marijuana in Pennsylvania

    Medical marijuana has provided a preferable alternative to pharmaceutical drugs for a variety of patients in Pennsylvania. The options available to persons who are experiencing chronic pain and a variety of other medical conditions in the United States were, as recently as the late 20th century, limited largely to opioids, muscle relaxers, injections, and a broad range of other drugs and treatments. These pharmaceutical drugs and treatments often have negative side effects and can lead to life-destroying opioid addictions. 

     

    If you have been injured on the job and mandatory drug testing revealed the presence of marijuana in your system, you may encounter difficulty collecting the benefits you need to cover the costs and damages linked to your injuries. Connecting with an experienced workers’ compensation attorney who knows how to navigate the legal complexities surrounding medical marijuana will support the best outcome in your claim. 

    While Medical Marijuana is Legal Under PA Law, It Remains Illegal Federally

    Medical marijuana is governed by the PA Department of Health, which was signed into state law in 2016 to “provide access to medical marijuana for patients with a serious medical condition.” Despite the fact that a number of states have legalized medical marijuana in addition to variations on recreational markets that resemble alcohol, the Marijuana Policy Project notes that marijuana remains federally illegal. 

    Insurance Companies May Reduce or Deny Claims Based on Violation of Federal Law

    Insurance companies may refer to federal legislation when attempting to deny or reduce the claims of injured persons who are found to be using federally illegal substances that may have led to them being “intoxicated” when the injury happened. 

    THC Lingers in the Body After the Intoxicating Effect Has Subsided

    While medical marijuana might provide patients with legal treatment options, it is also important to understand that THC is different from alcohol in terms of measuring active levels in the body. While a blood or breath test can determine if an individual is chemically intoxicated by alcohol and a variety of other substances, marijuana lingers in the system for days or even weeks after the intoxicating effect has subsided. To collect on your workers’ compensation claim, it is essential to prove that you were not intoxicated by medical cannabis at the time of the accident. Working with an attorney familiar with navigating this complex process successfully can be extremely helpful for your claim. 

    Discuss Your Workers’ Compensation Case with an Experienced Lawyer

    To learn how an experienced local attorney from Vanasse Law can help you navigate the complex interrelationship between workers’ compensation claims and medical marijuana use, visit our site to schedule your free initial consultation. We’ll go over the important information about your accident and injury and determine what your case might be worth and how we can help if it’s a claim that fits with our focused and dedicated firm.

    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.

    9 Common Work Related Accidents & Injuries In Pennsylvania

    Being hurt on the job often leaves workers unable to continue to perform their duties, causing financial strain on top of the physical injury. Fortunately, there is help available to Pennsylvania residents. At Vanasse Law, LLC, a Lancaster job accident lawyer will meet with injured workers and explain the options and benefits available to them. 

    While there are many different accidents and injuries that can cause Pennsylvania workers to miss work, there are some that are more common than others. Our Lancaster job accident lawyer explains 9 common work-related accidents and injuries in Pennsylvania.   

    #1 Strains & Sprains

    Strains and sprains are, unfortunately, very common in the workplace. Use of excessive force, awkward positioning, lifting, pushing, and overreaching are leading causes of these injuries. One of the reasons strains and sprains are a top cause of work-related injuries is because they can occur in a wide variety of work environments, from offices to warehouses and construction sites.   

    Employers should provide training to employees on the proper way to lift and pull when these activities are required for their employment. They should also provide any necessary equipment needed to lift and pull safely. 

    #2 Overexertion

    When the physical demands placed on a worker exceeds their body’s ability to perform that job, overexertion occurs. Moving or lifting heavy objects can cause overexertion, as can working in a hot environment and poor ventilation. Symptoms of these injuries include stiffness, numbness, chronic pain, and swelling. Our Lancaster workers comp lawyer has seen overexertion affect different areas of the body, including the back, neck, and knees. 

    Employers should ensure they are not asking their employees to perform tasks that are too physically taxing for them. They should also provide workers with adequate time to take breaks and rest. 

    #3 Contusions & Bruises

    A contusion is a bruise, and serious contusions can be debilitating. Contusions typically occur in manual labor, and the most serious types of contusions are those that occur to the head. Brain contusions are when there is bleeding on the brain and this can cause a myriad of symptoms and problems. A brain contusion may require surgery, and there can be problems associated with the contusion after the procedure. 

    No matter where the bruise or contusion occurs, it should be reported. Injuries do not always present themselves immediately. 

    #4 Cuts, Lacerations & Punctures

    Cuts that occur in the workplace are typically minimal and can be treated with simple first aid. Lacerations are a more serious type of cut and can require extensive treatment. A deep laceration can injure tendons and ligaments and cause significant bleeding. 

    Punctures, like cuts and lacerations, also penetrate the skin. However, unlike the other two, punctures generally create a much narrower opening on the skin, and the wound goes much deeper. 

    Cuts, lacerations, and punctures can happen in most lines of work, but our Lancaster workers comp lawyer has seen them occur most often in places that use sharp objects, such as construction sites and meatpacking plants. 

    #5 Struck By An Object

    Falling, flying, swinging, and rolling objects are some of the top causes of injuries that our Lancaster job accident lawyer has seen require the collection of workers’ compensation benefits. When objects become loose and strike a person, they can cause a wide variety of injuries, including:

    Common objects involved in these injuries are power tools, pieces of wood and other building materials. 

    #6 Trips, Slips, & Falls

    Trips, slips, and falls can happen in a wide variety of work areas. From kitchen workers slipping on wet floors to a construction worker falling from scaffolding, these types of injuries pervade many different work environments. Injuries caused by these types of accidents can be minor or catastrophic, according to our Lancaster workers comp attorney

    Many of the trips, slips, and falls that occur are completely preventable. Proper training and protective gear go a long way to stopping these accidents. The use of proper flooring as well as simple housekeeping is also very helpful. 

    #7 Moving Machinery

    Moving machinery can cause severe injuries or even death. Workers may be hit by a large machine, or they can be caught in between a machine and a stationary object. Another risk is when a worker has a part of their body caught inside of a machine. 

    Moving machinery accidents are most prevalent in the construction industry. Common causes include:

    • Fatigue of the machinery operator
    • Failure to maintain equipment
    • Failure to use protective gear
    • Inadequate training

    #8 Fires & Explosions

    Fires and explosions in the workplace can cause many different serious injuries and even death. While they may not be a risk at most places of employment, they are a significant risk in some work areas, including:

    • Construction sites
    • Oil and gas sites
    • Chemical plants
    • Manufacturing plants
    • Mining industry work sites

    Injuries caused by fire and explosions are generally catastrophic, and the assistance of a Lancaster job accident lawyer is needed to ensure the injured worker recovers the compensation they are due. 

    #9 Repetitive Stress

    Repetitive stress injuries are those that happen over a period of time due to a worker performing the same motions over and over again. Common symptoms include numbness, tingling, stiffness, and weakness. These types of injuries generally occur in the hands and wrists, and a common example is carpal tunnel syndrome. These injuries cause extensive pain and make it difficult for a worker to continue to work as normal. If you are suffering from repetitive stress injuries, it is best to seek the advice of a Lancaster workers comp lawyer.

    Speak With A Lancaster Job Accident Lawyer At Vanasse Law, LLC

    If you have been injured at work in Pennsylvania, you do not have to battle alone for the compensation you deserve. Contact a Lancaster job accident lawyer at Vanasse Law, LLC, to find out how they can help you every step of the way in recovering what you are owed.

    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.