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.
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.
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.
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.
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.
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.
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.
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.
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.
In the retail industry, workers can be injured by the following:
Of course, this list is not exhausting, as there are innumerable reasons as to why retail workers may sustain work-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.
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.
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.
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:
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.
We’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:
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.
It’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:
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:
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.
Working 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:
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.
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.
There are many ways that a third party outside of your employer’s control can contribute to or cause an injury. Some examples include:
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.
There 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.
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 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.
If 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.
The first thing a lawyer will need is your employment information. This includes:
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.
The accident itself can have an impact on what can be recovered in terms of compensation after an injury. Relevant information includes:
History of medical treatment has a bearing on how the claim will proceed. This information includes:
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.
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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