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    Archive for the ‘Workplace Injuries’ Category

    Mistakes to Avoid When Pursuing a Workers’ Comp Case: Part II

    In Part One of this series, we discussed the importance of acting right away after an on-the-job accident occurs, as well as telling your doctor the full extent of your injuries without creating false symptoms or injuries. In Part Two of our series, our Lancaster workplace accident attorney will discuss mistakes related to doctor selection and failure to heed the doctor’s advice.

    Error 3: Using the Employer’s Doctor and Failing to Choose Your Own Physician

    Unfortunately, many hurt workers may not even realize that they do not have to use an employer-provided doctor. While using the company’s doctor may seem like a convenience or requirement, it is not mandatory, and more often than not, a workplace accident lawyer will advise against using the employer’s doctor.

    The law provides employees with the ability to select and visit any doctor of their own choosing, along with any other healthcare providers that may be recommended by the primary care physician. Additionally, you should be aware that you, as the injured worker, are entitled to obtain second opinions, including the tests and/or services recommended by those physicians offering such opinions.

    Error 4: Failing to Abide by the Doctor’s Treatment Plan or Follow His Recommendations, Advice and Orders

    If you want to ensure the downfall of your workers’ comp case, simply do not do what your doctor tells you to do. We cannot stress enough the importance of following your physician’s orders, recommendations and treatment plan. If the doctor wants you to return for follow-up exams and tests, or he needs you to attend physical therapy, make sure you go to these appointments. All too often, people think that certain treatments and recommendations are “optional” as opposed to required. And more often than not, injured individuals incorrectly think that when they start feeling better, they no longer need treatment. This simply is not realistic, and you are leaving a wide opening for the insurance company to claim that your injuries are not as severe as you claimed because of your failure to follow treatment recommendations.

    Our Lancaster workplace accident attorney knows all too well that symptoms will lessen during the treatment process; however, if you stop receiving treatment or following the doctor’s guidelines, those symptoms can return, and in some instances, they can come back worse than they were originally. That said, you are reminded to tell your doctor every little detail you can think of about your injuries and the feelings you’re experiencing, despite how minor they may seem. You are also encouraged to discuss any injuries that were present before the accident. Even if you had pre-existing injuries, you may still be entitled to compensation for those stemming from the incident at issue.

    Dealing With a Worker’s Comp Case? Our Lancaster Workplace Accident Attorney Can Help

    You don’t have to attempt to handle your workers’ compensation case on your own. Any Lancaster workplace accident attorney at our firm can help you with your case and discuss how the process works under the law. Contact our office for immediate assistance.

    Mistakes to Avoid When Pursuing a Workers’ Comp Case: Part I

    If you have been hurt on the job, you are undoubtedly suffering from not only physical pain, but also emotional pain as you begin to face the harsh reality that you may be out of work for weeks, months or even longer. Each Lancaster workplace accident attorney at our firm understands this and we are prepared to assist you as much as possible with your claim to ensure you get the just compensation you deserve.

    In this four-part series, we will discuss a number of mistakes you need to avoid while dealing with your workers’ comp case — errors that could ultimately damage your case beyond repair.

    Error 1: Failing to Act Right Away When an Accident Occurs

    If you’ve sustained an injury while performing your job duties, you may have experienced a level of embarrassment, as well as disorientation. At the time, you may not be thinking clearly even if your physical injuries aren’t immediately evident. Still, there are a number of steps that need to be taken at the time of the accident in order to preserve your claim.

    For instance, if your coworkers witnessed the injury, they most likely will be able to advise the employer of what happened just prior to the accident. Their versions will probably vary, as is normal when individuals witness an event from different vantage points. That said, your version of what took place before, during and after the incident will be critical to your case. Accordingly, our Lancaster workplace accident attorney encourages accident victims to write everything down while the incident is still fresh in their mind. Ensure that your notes are as thorough as possible, paying particular attention to what was said by whom and when. No detail is insignificant, so the more complete your notes are, the better.

    It is also important to maintain copies of all documents related to the injury, especially from a financial standpoint.  Such costs can include travel to and from doctor’s appointments, lost wages and various after-care services. Be sure to obtain and keep copies of all medical records, including MRI and CT scan results, lab reports and other related documents every time you go to an appointment. Doing so from the beginning will help you and your attorney save a ton of time, expense and stress in the long run.

    Error 2: Neglecting to Let Your Doctor Know the Full Details of Your On-the-Job Injury and Faking Symptoms and/or Injuries

    You must let your physician know everything about your injuries that occurred from not only this accident, as well as injuries that existed previously on the same part of the body (which we commonly refer to as pre-existing conditions). So, if your doctor asks how you are doing, do not simply say, “I’m doing okay.” Go into in-depth detail, as the doctor actually needs to know how you are feeling physically. Tell him or her about every symptom you have, including those that have changed or continue to evolve as time passes.

    While you are explaining your ailments to the doctor, it is also crucial for you to advise him or her if you’re feeling better than you were initially too. Our Lancaster workplace accident attorney knows that one sure way to damage your workers’ comp claim is to make up injuries that do not exist or to overblow the extent of your injuries. Doctors are professionals who have been trained to spot certain signs and symptoms related to various injuries — so if you’re faking it, they will likely know this sooner rather than later. When doctors think a person is faking injuries, it will be noted in the medical records and that notation may ultimately bring your case to an abrupt end or severely devalue it.

    Let Our Lancaster Workplace Accident Attorney Help You Avoid These Errors

    You should be justly compensated for any injuries you sustain while performing your job duties. Don’t mess up your claim by making reckless mistakes that could’ve easily been avoided. Contact our Lancaster workplace accident attorney today to discuss the particulars of your situation.

    Why Do Retail Workers Face Job-Related Injuries?

    There are a variety of jobs in which workers can face both minor and major injuries. When we think of injuries, we usually immediately think of jobs in manufacturing or construction. However, our Lancaster hurt at work lawyers are often contacted by individuals who work in retail. To be clear, practically any job will be subjected to some type of injury risk and according to the National Institute for Occupational Safety and Health (NIOSH), retail ranks high among the list of industries where workers have sustained injuries while performing their job duties.

    What Are Some of the Causes of Retail Worker Injuries?

    In the retail industry, workers can be injured by the following:

    • Strains and sprains caused by injuries related to overexertion
    • Slip-and-falls, as well as trip-and-falls
    • Getting hit by an object at work
    • Falls from heights
    • Accidents that occur during transportation

    Of course, this list is not exhausting, as there are innumerable reasons as to why retail workers may sustain work-related injuries.

    Overexertion-Related Injuries

    Strains and sprains to muscles, tissues and bones can occur when a person moves improperly while performing a task. Such injuries can happen after one incident or they can accrue over a period of time. Some of the symptoms indicating that you may have sustained an overexertion injury include pain, stiffness, burning sensations and inflammation.

    More often than not, these injuries tend to happen when workers lift heavy boxes and/or other items, or they repeat certain motions throughout the day such that they feel the injuries in the neck, back, hands, arms and/or shoulders.

    So, how can these sorts of injuries be avoided and prevented? Our Lancaster hurt at work lawyers believe that employers have an obligation to properly train their workers on how to lift and carry heavy, bulky items. Employees should also be taught how to warm up their muscles before their shifts in order to prepare to lift and carry goods, and the importance of wearing protective gear, such as gloves and head protection (where necessary) should be emphasized.

    Slips and Falls

    One sure way to avoid slips and falls at work is for the employer to remove all known workplace hazards ahead of time. Parking lots and walkways leading up to the store should be free of debris and kept dry and clean. If a spill does occur, it should be removed immediately, much like snow and ice should be handled as quickly as possible.

    You, as the employee, can also do your part to help prevent your own injuries by wearing non-slip shoes and paying close attention at all times while working. Additionally, if you notice cracks in your work area or poor lighting, be sure to let your employer know as soon as possible.

    Speak to Our Lancaster Hurt at Work Lawyers Today to Find Out About Your Legal Options

    If you work in the retail industry and have sustained injuries related to your job, inform your employer immediately and contact our Lancaster hurt at work lawyers as soon as possible. You have certain rights under the law  — let us help ensure those rights are protected.

    What Are The 10 Most Frequently Violated OSHA Standards?

    As an employee, you’ve likely heard of OSHA, but not been entirely sure what it is or what it means to you. OSHA is the acronym for the Occupational Safety and Health Act of 1970, which was written with the specific purpose of keeping workers safe. It’s also the acronym for the agency that enforces OSHA standards. The act spells out specific requirements and standards that employers need to follow in terms of the working conditions they provide to their employees, and the goal is to avoid injury, illness and death.  OSHA does more than set out rules – it also enforces them in a number of ways, including providing information, training and assistance to employees as well as to those who hire them.

    Unfortunately, despite the existence of OSHA standards, workplace accidents, injuries and deaths continue to happen all too frequently, with more than 5,000 workers killed on the job in 2016 alone. Though not every fatality is a result of violating OSHA standards, many of them are. In the year 2017, the 10 most frequently violated OSHA standards were:

    • Failures in providing fall protection on construction sites
    • Failures in providing needed or adequate scaffolding on construction sites
    • Failing to provide appropriate respiratory protection
    • Failing to control hazardous energy
    • Failing to provide proper protection when working with ladders on construction sites
    • Failing to provide safe environments around the operation of industrial trucks
    • Failing to secure employee safety involving machinery
    • Failing to protect against falls and providing appropriate training around fall protection
    • Failing to provide safety precautions around electric, wiring methods, components and equipment

    If it seems like construction sites appear on this list frequently, that’s because it does – in fact, more than 20 percent of worker fatalities took place on construction sites. A close analysis of the top causes of construction site accidents reveals that if employers were to eliminate the four most common causes of construction site deaths — falls, being struck by an object, electrocution and getting caught in between — more than 600 lives could be saved each year.

    When an employer fails to follow OSHA standards, they are subjected to fines and penalties imposed by the government, and when those failures lead to a worker being injured or killed, they are able to file a workers’ compensation claim and may also be able to pursue other legal action. For more information, contact Vanasse Law to set up an appointment to discuss your case.

    What Careers Are Most Vulnerable To On-The-Job Heart Attacks?

    heart attackWe’ve all heard about job-related stress, but have you ever heard of anybody actually having a heart attack attributed to their work? Though most people think that only injuries like strains, sprains, fractures and concussions count as job-related injuries, it is actually quite possible for a job to lead to a heart attack, and for a worker who has suffered a job-related heart attack to file for and collect workers’ compensation. Though a work-related heart attack can happen in just about any career, there are some jobs that make workers much more vulnerable to on-the-job heart attacks.

    These include:

    • Any kind of desk job – It may seem as if a desk job is the safest possible type of career, but studies have shown that people who sit at a desk all day are at higher risk for heart disease than those who work at active jobs. Research has shown that when we sit too long it can lead to dysfunction in insulin sensitivity and in enzymes ability to dissolve fat.
    • First responders – Whether you’re a firefighter, an emergency medical technician/paramedic, or a police officer, you’re at risk for heart attack. In fact, 22 percent of on-the-job deaths in police and 45 percent in firefighters are due to a heart attack.
    • Bus drivers – Driving a bus is a toxic combination of stress and being sedentary. One study showed that 51 percent of bus drivers suffer from high blood pressure, as well as high cholesterol, body weight and heart disease.
    • Shift workers – No matter whether you’re working a shift because you’re a physician or nurse, or because you work in a factory, studies have shown that people who work irregular hours throughout the nighttime have a much higher risk for a heart attack then do people who work normal daytime hours. This is blamed on a disrupted circadian rhythm, which in turn leads to insulin dysregulation, obesity, insomnia and other medical issues linked to heart attack.
    • Bartenders and cocktail waitresses – Though many states have introduced no-smoking policies, bars are often exempt from the rules, leaving staff in these establishments vulnerable to the harmful effects of cigarette smoke. Exposure can lead to a heart attack.

    If you have suffered a heart attack on the job, there’s a good chance that you may be entitled to file a workers’ compensation claim. For more information about your rights and the process, contact Vanasse to schedule a meeting with our workers’ compensation practice in Lancaster today.

    Understanding Potential Teacher Risks During the Back-to-School Season

    Teacher RiskIt’s that time of year. Office supply stores and Target have dedicated aisle after aisle to binders and crayons and backpacks, and teachers are back in the classroom, putting the final touches on their lesson plans and making sure that their classrooms are color-coordinated and ready. We all think of teachers as underpaid heroes, but few of us are aware that their profession is among the most at-risk of on-the-job injury and illnesses.  Not only do a large percentage of our schools represent unhealthy environments that put teachers at risk of toxic exposure, but teachers are facing new challenges that may lead to workers’ compensation claims, including the risk of injury caused by interactions with their students.

    The top causes of teacher workers’ compensation claims in the United States include:

    • Slip and fall accidents –30% of all school-based workers’ compensation claims
    • Being struck –27% of all school-based workers’ compensation claims
    • Strain injuries –24% of all school-based workers’ compensation claims
    • Cut, puncture or scrape – 5% of all school-based workers’ compensation claims
    • Exposure to toxins – 5% of all school-based workers’ compensation claims

    Beyond the same types of slips, trips, and strains that are seen in almost every work environment, the other major on-the-job-injury risk that teachers face comes from violence in the classroom or on campus. Roughly 25% of school employee injuries arise from interactions with students, and experts say that teachers are victimized far more frequently than the public realizes — in fact, they have indicated that the problem has reached the level of being a national crisis. A report issued by the Department of Education in 2015 indicated that injuries suffered by teachers led to more than $2 billion in losses included both lost workdays and workers’ compensation benefits.

    Teachers are also exposed to a number of toxins in their classrooms, but the most concerning is the risk of exposure to asbestos. Most of America’s school buildings were constructed prior to the 1970s, and that means that asbestos-contaminated products were used in their construction. Asbestos ceiling and floor tiles and asbestos insulation are extremely common, and though they are not a concern when they are intact, as soon as those items begin to break down, there is a risk of microscopic asbestos particles being inhaled or ingested and leading to an increased risk of malignant mesothelioma, asbestosis, and other asbestos-related diseases. Other toxic exposures in schools include mold, mildew, and lead.

    There are a number of actions that school districts can take to guard against the most common workplace injuries, including:

    • Promoting a hands-off approach to situations where students are acting out
    • Preventing winter slip-and-falls, and similar accidents caused by slippery floors, debris in the hallways or lunchrooms, etc.
    • Encouraging teacher fitness to minimize the risk of strains

    If you are a teacher or school employee who has suffered an on-the-job injury, contact us to set up a free consultation to discuss your rights.


    What are the Most Common Food Service Injuries?

    food service injuriesWorking in food service can be extremely rewarding and offers a wide range of opportunities. From fast food spots to four-star restaurants and from serving or busing tables to working behind the line as a sous chef or head chef, you can earn a fair income, learn a lot, and spend time with interesting people. Unfortunately, these jobs come with risks and food service injuries are common.

    Those who work in customer-facing roles can hurt themselves reaching across tables to serve or clear. They can trip on a slippery fall, or even find themselves face-to-face with robbers. Those who work in the kitchen are subject to the risk of burns and other injuries from stoves and ovens, knives, and electrical appliances, as well as exposure to hazardous chemicals. Even the employees that work at drive-thru windows or who deliver food can end up injured on the job.

    No matter what your position or how you were hurt, if you were injured while working in a food service establishment you may be entitled to workers’ compensation.

    Workers’ compensation is a no-fault insurance policy that covers nearly every worker in America. It represents an agreement between employer and employee that means that injured workers will not need to file a personal injury lawsuit against their employer, and in exchange, their employer will insure them and provide compensation for medical expenses, as well as for any time needed away from work to recuperate and recover.

    For those who work in foodservice, some injuries are more common than others. According to Cintas Corporation, one in every 20 on-the-job injuries occur at eating and drinking establishments, and the top four restaurant injuries are:

    • Lacerations and punctures – these are a result of working with knives, as well as the risk from broken dishes.
    • Burns – Restaurant workers face the constant risk of burns from hot stoves, fryers, and boiling water, as well as from touching hot plates and other hot surfaces. Though many minor burns are treated on-site, others require medical attention.
    • Sprains and strains – These occur to both front of the house and kitchen employees, and usually result from improper lifting and reaching.
    • Eye injuries – In most cases, these are incidents that occur in the kitchen because of splashes from grease, hot liquids, and sanitizing chemicals

    When you’ve been hurt on the job, you need to know your workers’ compensation rights to make sure that you receive the benefits to which you are entitled. Contact our office today to learn more.


    Who is Held Responsible in a Third-Party Claim?

    injured on the job

    When an employee is injured on the job, they are entitled to workers’ compensation benefits. These can provide much-needed financial compensation for medical expenses, as well as wage loss benefits in those cases where the worker’s injuries are bad enough to keep them out of work on a temporary basis or permanently. Workers’ compensation is specifically a no-fault form of insurance: the employee does not have to sue their employer for negligence or prove that their employer is to blame for their injury as the benefit is provided regardless of what the cause of the injury was. But there are some instances where a person or entity other than the employer may have contributed to or caused the injury. When this is the case, the injured worker may be able to file a third-party claim and seek additional damages for the injury that they suffered.

    Examples of Third-Party Work Injury Claims

    There are many ways that a third party outside of your employer’s control can contribute to or cause an injury. Some examples include:

    • Automobile Accidents – If you are driving or a passenger in a company vehicle, or driving or a passenger in another employee’s vehicle or your own car while running a work errand and you are in an accident, the person who caused the accident can be sued as a responsible third party.
    • Defective Products – If you are working and using a piece of equipment or tool that causes an injury as a result of a defect in its design, manufacturing or failure to warn, you can hold the product’s manufacturer, seller, and others in the supply chain responsible as third parties.
    • Co-Worker Assault – One of the most common workplace injuries occurs as a result of co-worker negligence or assault. If somebody that you work with caused your injuries through either an attack or gross negligence, you can pursue a third-party claim against them.
    • Contractor Negligence – When employees of other companies or individual contractors are negligent in their actions and cause your injury, they can be held responsible as third parties.

    Suing A Third Party for an On-the-Job Injury

    Every work injury is different and needs to be assessed by skilled professionals to determine where liability lies and what actions should be taken. If you’ve been hurt on the job, you may be eligible to file both workers’ compensation and a third-party claim. To make sure you get the compensation that you deserve, contact Vanasse Law to set up an appointment to discuss your case.

    How an Employer Can Lower the Risk for Workers’ Compensation Fraud

    workers' compensationThere are a lot of benefits of holding a proper Workers’ Compensation insurance policy as a company from having medical bills and at least some lost wages covered when an employee is injured at work. However, with that coverage also comes the risk of abuse by unscrupulous employees looking to rig the system. The first step to working against such abuse is to understand the types of fraud that commonly occur.

    Types of Fraud

    Fraud can happen at any point in the claim process, from the injury itself to claims made about the severity of the injury. Here are some common forms of fraud to look out for:

    • The alleged accident may not have been an accident at all. In this case, the injury itself is fabricated.
    • Some employees try to pass off old injuries as new injuries. Red flags for this type of scam include no witnesses to the injury, report on a Monday morning yet the injury does not appear new and having medical details that don’t match the narrative presented by the employee.
    • In some cases, medical providers may also be participating in fraud by providing bills for services such as tests that were not performed. This may be done with or without the employee’s knowledge.
    • Exaggeration of severity is likely the most prevalent in fraud cases. The most common is claiming to still be healing despite being able to return to work at full capacity.


    The first step in preventing fraud in Workers’ Compensation claims is to have a very clearly written company policy on Workers’ Compensation for all employees. This policy will help aboveboard employees understand the process while providing an avenue in which to inform underhanded employees that investigations and legal action will be taken to avoid cases of fraud. In that policy, be sure to let your employees know that there is an immediate need to report injuries and accidents, and that there will be no negative consequence for doing so.

    Further, be sure to follow up and conduct investigations into claims. This is to ensure all aspects are accurate and are being handled, which will aid those using the system properly for those with a legitimate injury while making it more difficult for those attempting fraud. If you have been accused of fraud for a legitimate injury, you need legal representation. Contact our team today for more information.

    What Information Does a Lawyer Need After a Work Injury?

    work injuryIf you have been injured at work, it makes sense to hire a lawyer as soon as possible to ensure you get the compensation to which you are entitled. However, what should one expect when they decide to call a work injury lawyer? Understanding the information a lawyer needs before making the call can lead to a better consultation and get more out of the typically free service law firms offer to their potential clients.

    Employment Related Information

    The first thing a lawyer will need is your employment information. This includes:

    • The company you were working for when you were injured along with your job title and the length of time employed prior to injury.
    • The state in which the company is located including where you do most of your work and which state in which you were hired.
    • As detailed information as possible on the duties and tasks required to perform the job in which you were hired to determine eligibility for compensation as a Workers’ Compensation claim.

    Information on Wages

    The amount of benefits offered to workers largely depends on the average weekly pay of a worker. Further, the marital status and number of children under the age of 18 can have an impact on a claim award. Have this information ready prior to calling a lawyer for the best idea of how successful your claim will be and what you can expect out of an award.

    Accident or Incident Information

    The accident itself can have an impact on what can be recovered in terms of compensation after an injury. Relevant information includes:

    • All available information about the injury such as where the injury happened, when the injury happened, and the details that led to the injury. For repetitive injuries, this can include when symptoms began and when it began impacting the ability to work.
    • Date in which your employer was notified of the injury along with whether notification was written or orally communicated.
    • Contact information for witnesses of the accident.

    Information on Medical Attention Received

    History of medical treatment has a bearing on how the claim will proceed. This information includes:

    • When and where medical attention was first received.
    • Timeline of medical treatment since the first visit.
    • Contact information for medical providers visited for the work injury.
    • How doctors were chosen for care and how referrals between doctors were handled.
    • Information on an independent medical exam, if applicable.

    Other Information

    Above is the minimal information a person should have on hand when contacting a lawyer. Having correspondence with the employer or insurance company such as if you have received weekly benefits, how medical care was paid for, outstanding medical bills, contact information of any insurance agents spoken to, and any offers that have already been made on the claim are helpful when applicable to the situation. Further, any information from before the accident such as previous injuries and illness or previous Workers’ Compensation or personal injury claims can be helpful.

    The next step is finding the right lawyer for your case. Contact our team today for a free consultation on your claim.