Workplace injuries are far too common, considering how preventable most of them are. Throughout the day, some workers think about things that have nothing to do with work, such as what they’re doing after work, how many hours they have left to work that day, their weekend plans, or, quite commonly, how they’re not getting paid enough in this economy. But that’s just human nature.
If you have been injured or suffered illness on the job in Pennsylvania, let the Lancaster hurt at work lawyers at Vanasse Law LLC help you recover what you’re entitled to under Pennsylvania workers’ comp laws.
Both employers and employees have a vested interest in preventing workplace injuries. To accomplish this, it’s good to know what to look out for. Some of the most common workplace injuries/illnesses include:
The best way to avoid the costs and resources necessary to deal with workplace injuries is to avoid them altogether. Some simple steps you can take to prevent workplace injuries include:
Injuries at work are, to a certain extent, unavoidable. However, they can be drastically reduced in terms of numbers and seriousness by following the workplace safety tips described above. If you’ve been injured at work, contact the Lancaster hurt at work lawyers at Vanasse Law LLC for a same-day response.
Although the Workers’ Compensation Act language indicates that psychological or mental work injuries are compensable, different states interpret the language differently — some more strictly than others. In the strict interpretation states, mental injuries like stress and anxiety are not compensated for. However, Pennsylvania is more progressive than many other states regarding mental injury claims. The Pennsylvania Department of Labor and Industry describes when and what type of mental injuries are compensable under Pennsylvania’s workers’ comp laws.
If you have suffered a mental injury on the job in Pennsylvania, let a Lancaster work injury lawyer at Vanasse Law LLC help you recover your rightful financial compensation.
If you have suffered a work-related mental injury in Pennsylvania, your claim will likely be categorized as follows:
In Pennsylvania, any individual or business employing more than one person is required to participate in the Pennsylvania workers’ comp system. So, most workers are eligible for mental injury claims.
However, unless there is a physical injury that directly causes a mental injury, injured workers may be required to prove that the mental injury resulted from an “abnormal” working condition. This may be difficult to prove, and you’ll need the help of a Lancaster work injury lawyer at Vanasse Law LLC to maximize your chances of recovering compensation in these types of difficult situations. Stress, anxiety, depression, and other symptoms of mental illnesses may be hard to detect, but their effect on workers can be just as serious as physical injuries.
Mental injuries can be every bit as serious as physical injuries. Nonetheless, they can be problematic if workers’ comp claims for these injuries are challenged. If you’ve suffered any type of mental injury at work, contact a Lancaster work injury lawyer at Vanasse Law LLC for a same-day response.
According to the World Health Organization (WHO), “an ‘occupational disease’ is any disease contracted primarily as a result of…exposure to risk factors arising from work activity. ‘Work-related diseases’ have multiple causes, where factors in the work environment may play a role, together with other risk factors, in the development of such diseases.”
Discussion of workers’ comp issues revolves around work-related injuries, but work-related illnesses can be just as dangerous and arguably more damaging in the long run. Furthermore, work-related illnesses can be harder to prove than a bodily injury claim. This is why it is a good idea to contact a Lancaster workers’ comp attorney for a free case evaluation. If you have what you suspect may be a work-related illness, Vanasse Law LLC can help.
Some common work-related illnesses include:
The main obstacle facing work-related illnesses is that for any particular illness or condition, you have to show it is indeed “work-related.” In other words, you have to show a link between the illness or your job. For example, black lung disease is caused by inhaling coal dust over a long period of time.
If you are a miner working for decades in a coal mine, there is little doubt that your work caused black lung disease. However, if you work in an office building a block or so down the road, showing the link can start to become more difficult.
Furthermore, unlike an injury, there is typically not a single “triggering event” that leads to a work-related illness. The illness may not develop into noticeable symptoms for months, years, or even decades after exposure to an illness-causing toxin. This makes it even more difficult to show a clear link between the job and the illness.
This difficult situation becomes even more difficult if exposure to some toxin at work merely exacerbated a pre-existing illness, as it is not only difficult to establish the link between work and the illness, but you also have to be able to show how much of the illness was pre-existing, and how much was compounded by your exposure at work.
Despite these challenges, there is good news. The Lancaster job injury attorneys Vanasse Law LLC are experienced in this area. If you have suffered a work-related illness, let us help. Handling workers’ comp claims is all we do. Our experienced workers’ comp attorneys will help you examine your legal options, which may include third-party claims, and guide you through the claims process.
Let us help. Contact us online. You will receive a same-day response.
As people all across the world are staying at home to try and slow down the spread of COVID-19, first responders and other essential workers who are manning the frontlines do not have that option. They risk exposure to COVID-19 every day as they provide essential services for their communities.
If you or a loved one have contracted the virus through their essential work, let a Lancaster workers comp lawyer at Vanasse Law LLC help you explore your possible options, including workers’ comp and Pennsylvania’s Heart and Lung Act.
Pennsylvania’s Heart and Lung Act (HLA) protects various types of employees in Pennsylvania if they become sick or injured at work. This protection supplements Workers’ Compensation insurance, providing additional financial support for employees diagnosed with COVID-19 and other temporarily debilitating conditions.
The HLA provides a full tax-free weekly salary without overtime for certain types of employees in Pennsylvania. The HLA also covers medical expenses related to any work-related injury or occupational illness suffered while performing official employment duties.
The HLA covers municipal employees in law enforcement and firefighting. This includes the following types of job classifications:
The title “Heart and Lung Act” is not entirely accurate, as the HLA covers many types of illnesses and injuries. In fact, the HLA covers any injuries and illnesses that occur “within the course and scope of employment” for all qualified Pennsylvania employees.
Furthermore, certain groups of employees in Pennsylvania may be granted a presumption that COVID-19 is an “occupational disease” for their profession under certain provisions of the workers’ comp law. Nonetheless, while the HLA covers temporary illnesses or injuries, including COVID-19, permanent disabilities are not covered.
Both the workers’ comp laws and the HLA are complicated pieces of legislation. If you are working during the pandemic and may be exposed to COVID-19, it is important that you understand your rights under workers’ compensation law and potentially the HLA.
A Lancaster workers’ comp attorney at Vanasse Law LLC will help you understand the current state of the law regarding workers’ comp and the HLA, explore your options, protect your rights, and file any necessary claims on your behalf. If you need our help, please contact us online for a same-day response.
Workers’ compensation law is designed to compensate employees who have been hurt at work. But what if you contract COVID-19 at work? Can you file a workers’ compensation claim? This issue is complex and rapidly evolving.
If you have contracted or fear you may contract COVID-19 from work, let a Lancaster job accident lawyer at Vanasse Law LLC help you explore your possible options.
Although many workers’ compensation issues are the same, the rules can vary from state to state. Aside from protecting employees, workers’ compensation insurance is also designed to benefit employers by providing coverage with predictable payments and reduced legal costs.
Recently, the COVID-19 pandemic has created numerous challenges for state legislatures across the country. One of the most challenging questions is: Does workers’ compensation insurance cover employees who have contracted the disease?
Naturally, the answer is complicated. Generally, workers’ compensation insurance does not cover routine community-spread illnesses, such as a cold or the flu. This is because they usually cannot be directly tied to the workplace. Some states have made exceptions for employees who have developed chronic illnesses, such as cancer, resulting from repeated exposure to toxic or carcinogenic materials.
However, it is unclear if COVID-19 illnesses fall into the former or the latter category. The unique issue presented by COVID-19 is that it presents a circumstance in which many jobs that have not historically been considered hazardous have suddenly become very dangerous for employees. Essential business employees, such as transit operators, health care workers, and grocery store workers are at a high risk of exposure to the virus while at work. But the more hazardous working conditions do not guarantee that a COVID-19 infection would be covered under workers’ compensation in most states.
Expanding workers’ compensation benefits appears to be high on the agenda in several states, usually specifically for first responders. An approach adopted by many states is to amend state policy so that COVID-19 infections in certain types of employees are presumed to be work-related and covered under workers’ compensation, thereby placing the burden to establish that the infection was not work-related on the employer and insurer. This burden-shifting technique makes it much easier for those employees to file successful claims.
A bill in Pennsylvania seeks to create a grant program for fire companies and emergency medical services companies to provide services during the COVID-19 pandemic.
Do not hesitate. If you are working during the pandemic and may be exposed to COVID-19, it is critical for you to understand your rights under workers’ compensation law. Workers’ compensation law can be complicated and difficult to navigate, especially when it comes to unsettled issues like COVID-19 coverage.
A Lancaster job accident attorney at Vanasse Law LLC will help you understand the current state of the law, examine your options, protect your rights, and file any necessary claims on your behalf. If you need our help, please contact us online for a same-day response.
Workers’ compensation is a self-explanatory expression; in other words, workers’ compensation law is designed to compensate employees who have been hurt at work.
One particular aspect of workers’ compensation law concerns the situation in which an employee who has been hurt at work, after some time in rehabilitation for his or her injuries, obtains permission from the doctors to return to work with restrictions. In this case, he or she may be offered what is known as “light-duty” work. However, there is the risk that the employer may be asking the injured employee to perform duties that are beyond your doctors’ restrictions.
If you have been hurt at work, this is just one of many potential issues you’re facing, some of which are complicated. Therefore, you should immediately call the Lancaster hurt at work lawyers at Vanasse Law LLC to help you navigate this difficult time.
Light-duty work, sometimes known as modified-duty work, can be simply defined as work that is physically, or even mentally, less demanding than your typical job duties. Therefore, your employer will either offer you other types of work or alter your current work duties to fit within the restrictions placed upon you by your doctors.
If your employer cannot or will not alter your current duties, they may ask you to perform altogether new tasks that require less physical or mental challenges. Some of these new types of duties may include:
Light-duty work may also include working your typical job, but at a slower pace, or working your regular job with specific limitations.
As mentioned above, when it comes to light-duty work, there is a risk that your manager or supervisor will either directly, by requiring you, or indirectly, by passive-aggressive tactics (such as “well, if you don’t want to work….”), expect you to resume your pre-injury duties before your doctor has approved such an increased workload.
Many employees will comply out of fear of losing bonuses, other types of discretionary benefits, or even their job in such situations. However, the risk is that prematurely resuming heavier duties will result in an injury setback or additional injuries, and, as discussed below, employers are not allowed to take any adverse action against you for claiming your workers’ compensation benefits.
Employees who find themselves in this position should consult with their doctors first, and contact the Lancaster hurt at work attorneys at Vanasse Law LLC if your doctors cannot help you resolve the issue. Your long-term health is your most important consideration, and the team at Vanasse Law LLC can help you protect your rights.
In a related situation, some employees, especially type-A personality employees, may decide on their own to return to normal work duties too early. After all, some of the light-duty work, as listed above, can become tedious and boring rather quickly. However, you must follow your doctors’ recommendations precisely. Again, the risk of additional injury is simply too significant.
Employees who have been injured on the job and offered light-duty work face issues other than the critical issue of resuming regular work duties.
Although the law varies from state to state, salaried employees are generally entitled to receive their usual salary while working under light-duty work restrictions. Hourly-wage employees are typically paid based upon the number of hours worked while on light duty.
However, when an hourly wage employee accepts light-duty work, the employee will generally be paid less than what they earned from their former duties. Fortunately, workers’ compensation is designed to pay the difference. Unfortunately, unscrupulous employers may deny having any light-duty work available, which means they do not have to pay either wages or workers’ compensation benefits. If you suspect this is the case regarding your employer, you should contact the Lancaster hurt at work lawyers at Vanasse Law LLC to help you protect your rights.
Generally, an employer cannot take adverse action to penalize an employee for taking advantage of any workers’ compensation benefits. This includes denying employees the right to return to their original jobs once they have sufficiently recovered from their injuries and received the green light from their doctors to return to their pre-injury jobs.
Generally, an employee has the right to refuse an offer of light-duty work if the employee’s health care provider has not authorized it. If the doctors have cleared an employee to return with light-duty work restrictions, a refusal to do so by the employee could result in the loss of workers’ compensation benefits.
Generally, employers are not obligated to offer light-duty work to employees seeking to return after a work-related injury. There are, however, exceptions to this rule, which vary from state to state.
Workers’ compensation law can be complicated and difficult to navigate on your own, but the laws are designed to protect your rights as an employee. Furthermore, workers’ compensation claims may not be the only option if you have been injured at work. The Lancaster hurt at work lawyers at Vanasse Law LLC will help you explore all of your options, protect your rights, and file any necessary claims on your behalf during this difficult time. If you need our help, please contact us online for a same-day response.
We all know that life in general can be stressful, but add to it issues concerning finances, family wellness and work stability, and things may seem to be unbearable at times. As workers’ compensation attorneys in Pennsylvania, we often hear from clients who have admitted to struggling with all types of injuries that are physical in nature. However, there are times when the workplace is the breeding ground for a variety of psychological stressors as well. It’s no secret that a job can be one of the highest causes of stress in one’s life. If you believe that your work-related stress has become too much for you to deal with, the Commonwealth’s workers’ compensation system provides for mental injuries in certain instances. Contact our Lancaster job accident lawyer today for more details.
Although mental injury claims can be complicated, a skilled attorney can review your information and help determine if you possibly qualify for benefits based on your psychological injuries. Under Pennsylvania’s system, your claim will likely fall under one of three types of mental injuries.
You may have sustained a mental injury due to a physical event or trauma at work. For example, if you suffered an injury at work while using heavy equipment, returning to the job and using that same piece of equipment may lead to a level of fear and/or anxiety that makes it hard for you to properly perform your job duties.
If you work at a job where you must perform your duties correctly or risk termination, the stress and worry associated with the position could harm you physically. Potential outcomes from this type of mental stress can be ulcers, serious migraines or even heart attacks.
While many states do not recognize mental/mental injuries, Pennsylvania does. Such injuries tend to develop from psychological trauma that occurred at work. A good example is a bank robbery. If you work at a bank, and your bank is robbed, such trauma can be devastating to your psyche — even more so if you were specifically held at gunpoint and forced to perform various acts during the robbery. Workplace robberies, active shooter incidents, on-the-job explosions — all of these can lead to anxiety and/or depression if you believed your life was at risk.
There are numerous issues that can lead to workplace stress and injury, including, but not limited to, the following:
If you would like to file a mental injury claim, you are encouraged to speak to our Lancaster job accident lawyer. You should be aware that unless you have a physical injury that directly led to your mental injury, you will be required to demonstrate that your stress resulted from what’s known as an “abnormal working condition.” This may be hard to prove on your own, but if you contact our office, we will review your specific situation and work environment to determine your best course of action.
Working various shifts within a 24-hour period can be very difficult for an individual, especially when he or she is subjected to changing shift times every few days or every other week. Unfortunately, such frequent changes in work hours can lead to something known as “shift work disorder.”
Shift work disorder, which is also referred to as “shift work sleep disorder,” generally causes the worker to experience difficulty sleeping, tiredness, fatigue and excessive sleepiness during daytime hours. All of these issues can result in injuries and accidents in the workplace, as well as with absenteeism and mistakes in judgment while on the job.
There are a number of jobs and professions that require individuals to work various shifts throughout the day. Some of the more common jobs requiring shift work include:
All of these jobs tend to involve extensive sleep disruption, which can ultimately lead to shift work sleep disorder.
Besides sleep disorders, shift workers can face a number of other types of medical issues. For example, there have been a number of studies done on cardiovascular diseases in relation to shift work, particularly with regard to blood pressure. The results showed that workers who frequently rotated shifts showed a greater variation in blood pressure during a 24-hour period. Additionally, it was noted that women with heart disease tended to have a worse prognosis than men, with an increased incidence of coronary artery disease in females who worked shifts for a period of six or more years.
Weight gain has also been an issue for many shift workers. A study that focused on a large set of factory workers over a 14-year period found that 43% of night shift workers had a 5% increase in their body mass index, while 25% had a 7.5% increase and 15% experienced a 10% increase when compared to day shift workers.
There have also been a number of studies that have considered the relationship between shift work disorders and cancer. The results of those found an increase in colorectal, prostate and endometrial cancers among shift workers in comparison to those who work normal work hours.
The University of California conducted a study on the relationship between shift work disorders and diabetes, finding that there was a “positive association” between years of rotating night shift work and diabetes. More specifically, the connection was related to excess body weight, and the study found that shift workers might also have a higher risk of smoking and developing Parkinson’s disease.
Were you recently involved in an accident while performing shift work? You may be entitled to file a workers’ compensation claim. We are here to help you with your claim and provide the comprehensive legal guidance that you need during this time. Contact us today to find out if you’re eligible.
As we conclude our four-part series on mistakes to avoid when pursuing a workers’ compensation case, our Lancaster workplace accident attorney will discuss failing to hire an attorney for your case (or choosing the wrong type of attorney), lying to your attorney and providing the insurance company with a recorded statement and/or signing medical authorizations.
Insurance adjusters, regardless of how pleasant they are when speaking to you or how nice they seem to be, do not have your best interest in mind. Their goal is to save the employer’s insurer as much money as possible by paying out the least amount possible for the claim. That said, it is imperative that you seek legal counsel from a competent Lancaster workplace accident attorney who will look out for your best interests.
To ensure you are treated properly after your workplace injury, you should speak to a lawyer and discuss the facts of your case, including the extent of your injuries. Experienced attorneys know how to take this information and dissect it in order to ensure that you have taken every possible consideration into account. Additionally, an attorney will review any proposed settlements made by the employer and make the proper recommendations before you agree and/or sign any documents.
For cases such involving workers’ compensation claims, your attorney selection is crucial. In the same way you choose doctors based on their specialties, you should be looking for a workplace accident lawyer who has extensive experience in handling such cases, along with a proven record of success. While it may be true that your cousin Joe may be an excellent estate planning attorney, he may not be the best choice when it comes to dealing with workplace injury cases if he doesn’t have a sufficient amount of experience in handling them.
Failing to disclose all of the facts of your case to your attorney could be the difference between victory and defeat. Just as we mentioned above about speaking with your doctor, it is important that you tell your Lancaster workplace accident attorney everything that may be relevant to the case, including current medical issues, prior injuries, any doctor’s care currently in place, previous legal and/or financial issues, employment history, prior and/or current drug or alcohol use, or anything else that my be used by the employer to discredit your claim. Remember this: your attorney is on YOUR side and is prepared to fight to the end for you; however, he can’t defend you properly if he is unaware of certain things.
First and foremost, it is important to note that you are not required to provide the insurance company with any recorded statements or signed medical authorizations. Why is this important to know? Think of it like a criminal case where “anything you say can and will be used against you.” Many people do not realize that such statements are not required. The adjuster may say it’s part of standard procedure or they may go as far as to say they can’t proceed with the claim until you’ve signed certain documents. But understand — there is no rule or law that says you must make a recorded statement or sign anything. They may have this rule, but it doesn’t necessarily mean that you’re bound by their rules. If you’ve already provided a recorded statement, no need in panicking. Just call a Lancaster workplace accident attorney at our office so we can discuss your situation and come up with an appropriate resolution.
If you are an injured worker who is currently seeking workers’ compensation for your injuries, we hope that our series on mistakes to avoid during this process has proven to be helpful. If you have more questions and would like to discuss the specifics of your case, contact our Lancaster workplace accident attorney as soon as possible.
So far in our series, we have provided crucial information to injured workers regarding four errors that could demolish their workers’ compensation claim. In Part III of this series, our Lancaster workplace accident attorney will look at failing to go back to work when approved by the doctor, doing job duties that go beyond the doctor’s recommendations and getting caught doing so, and believing that the workers’ comp adjuster’s average weekly wage calculation is accurate.
Depending on the extent of your injuries, your doctor may determine that you can return to work in a lower capacity than you were working prior to the incident. This is sometimes a source of contention between workers and employers, as the worker may feel that the suggested job is “beneath them.” However, our Lancaster workplace accident attorney suggests that you return as recommended, as the employer may use your failure to return to a lower position against you to claim that you’re really not interested in getting back to work.
If you truly do not think that you can return to work to perform the duties they’ve suggested, be sure to talk about it with your physician. If he or she still believes that you can do what you’ve being asked to do, then you should go back to work as requested and make note of all pain, discomfort and any other symptoms that may arise at that time in order to follow up with your doctor later so changes to your plan can be made as needed.
It never fails — people always think they can do more than they actually can after an injury. The world we live in lends itself to getting things done quickly and doing it yourself to ensure it happens in the timeframe expected. Still, even if you feel like you’re up to carrying your own groceries into the house or picking up that package that was dropped off by the mail carrier, wait for someone to help you, if necessary. It is not worth risking your health and ultimate recovery.
What many injured workers fail to realize is that they are often being watched by overzealous insurance adjusters who send private investigators out for the very specific purpose of catching and discrediting injured workers doing acts that extend far beyond the recommendations of the doctor. So if you’re alone and tempted to take that long walk down to the mailbox to get a package, don’t do it. Ask for help and don’t let video footage ruin your workers’ comp claim.
Contrary to popular belief, workers’ compensation adjusters may not properly calculate your average weekly wages. If you believe yours has been incorrectly determined, speak to our Lancaster workplace accident attorney for immediate assistance. The adjuster may have failed to include important numbers, such as overtime hours, vacation pay and other incentives you may receive when making his determination, and we can review all of your pay information to ensure an accurate accounting is made for the 52 weeks prior to the injury.
Nothing can be more important than your overall health and safety. If you have been hurt while on the job, contact our Lancaster workplace accident attorney for help with your claim. We want to ensure you get the proper financial help you need during your recovery.
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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