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.
According to the Bureau of Labor Statistics, of more than 1 million workers, back injuries account for nearly 20 percent of all injuries and illnesses in the workplace. Only the common cold accounts for more lost days of work. The leading causes of work-related back injuries include exerting too much force on your back, repetition of certain movements, especially those that involve twisting or rotating your spine, and inactivity.
Safe lifting and load-carrying techniques are essential to preventing back injuries in the workplace. Unfortunately, most workers do not consistently use these back safety techniques, placing themselves at significant risk. Back injuries are actually easily preventable with care and exercise. The most common types of job-related back injuries are:
Still, if you have suffered a work-related back injury in Pennsylvania, let the Lancaster hurt at work attorneys at Vanasse Law LLC help you recover the just compensation to which you’re entitled.
There are a variety of exercises you can perform to strengthen your back and prevent work-related back injuries. Some of these include:
Back injuries are far too common in the workplace, even though they’re generally preventable with proper safety measures and exercise. Nonetheless, when they do happen, they can result in significant pain with far-reaching consequences. If you’ve suffered from a back injury as a result of a work-related accident, contact the Lancaster hurt at work lawyers at Vanasse Law LLC for a same-day response and a free consultation.
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.
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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