Do the Right Thing–Report All Injuries
Under the Pennsylvania Worker’s Compensation Act, an employer has 10 days to notify their insurance carrier of a work-related injury from the date the injury was reported by the injured worker. If you are injured at work no matter how minor, it is very important that you immediately notify your supervisor and insist that an Read More
The Personal Comfort Doctrine
The Workers’ Compensation Act states that an injury must occur in the course of employment and be causally related to the job for the injured worker to receive benefits. An injured worker must show they were engaged in the furtherance of the employer’s business when injured. In other words, the worker must be on the Read More
VA Emergency Mental Health Treatment
As a general rule, Veterans with discharges other than Honorable Discharges face many limitations to their Veterans’ Benefits. One of those limitations is being lifted. Beginning July 5, 2017, all veterans will have access to VA Hospital emergency rooms for mental health treatment. Veterans with mental health issues, such as PTSD, suicidal thoughts, diagnosed mental Read More
Pennsylvania Supreme Court Rules in Favor of Abes Baumann Client in Landmark Workers’ Compensation Case
Ruling Expected to Help Thousands of Injured Workers Secure Greater Disability Benefits The Pennsylvania Supreme Court last week declared a key provision in Pennsylvania’s Workers’ Compensation Act “unconstitutional in its entirety” in its ruling on the case Protz v. Workers’ Compensation Appeal Board. “This is the most significant workers’ compensation ruling in Pennsylvania in the Read More
New Veteran Hotline
Last week, the White House announced a new hotline for Veterans to call with complaints and concerns about the Department of Veterans Affairs. Everything from late payments, delayed or poor medical care, to poor hospital conditions can be reported. As the Military Times reported here, the new hotline is to collect, process, and respond to Read More
The Impairment Rating Evaluation, Revisited
As discussed in prior blogs, the Insurance Company may try to limit your benefits with the Impairment Rating Evaluation (IRE). An IRE is a physical examination where the doctor determines your level of disability. After receiving 104 weeks of benefits, the PA Workers’ Compensation Act requires an injured worker to submit to an IRE. If Read More
Cautionary Tale of the Trojan Horse
Many of us are familiar with the tale of the Trojan Horse. Achilles and his soldiers, in order to defeat Troy and obtain access to their kingdom, created a Trojan Horse and wheeled it up to the gates of Troy. Inside of the horse, Achilles and his soldiers waited for the Trojans to wheel the Read More
The Scourge of Liens and Subrogation
A careless person or business causes an accident. The accident leads to injuries and medical expenses. An insurance company or other type of health plan will pay expenses for the victim. But then seeks reimbursement if the victim recovers money. Certainly, the party that pays the medical expenses should be made whole every bit as Read More
INJURED ON YOUR WAY TO WORK – THE COMING AND GOING RULE
Generally, if you are injured on your commute to or from work, you are not eligible under the PA Workers’ Compensation Act for workers’ compensation benefits. This is generally known as the “Coming and Going Rule.” However, there are four exceptions to this rule: 1. The employment contract includes transportation to or from work; 2. Read More
WORKERS’ COMPENSATION FRAUD
If you have filed a claim for workers’ compensation benefits or you are receiving benefits for lost wages or medical care, workers’ compensation insurance carriers will frequently “check up on you” by sending you forms for updated information. These forms ask if you are receiving any other benefits or working. As with any type of Read More