Pearson Koutcher Law Workers Comp Blog

The coronavirus has dominated the headlines recently, as countless people have contracted the infection, including workers on board the Diamond Princess cruise ship. While this outbreak has occurred on the other side of the world, it raises the question of whether somebody is entitled to Workers’ Compensation benefits if they don’t sustain a discrete injury to a body part — such as a broken foot, strain of the back, or torn biceps — but instead contracts a virus, infection, or breathing disorder as a result of their work environment. The answer can be yes depending on the circumstances. We’ll explain

The Nursing Profession – Rewarding, but Prone to Work-Related Injuries Too often, a nurse or nursing assistant is hurt on the job, frequently to the back, when lifting or transferring a patient in bed, helping a patient get in or out of a wheelchair, or doing some other aspect of your job. If this happens to you, whether you injure your back, neck, shoulder, or any other part of your body, promptly report it to your supervisor — even if you think the injury is minor. You will likely be asked to complete an incident report in which you describe

We hear a lot about military veterans suffering from Post-Traumatic Stress Disorder (PTSD for short) when they return home after getting wounded or witnessing war atrocities. PTSD can also be triggered after an unpleasant event at work, and the person who is subjected to this event may be able to receive Workers’ Compensation benefits. The general rule in Pennsylvania Workers’ Compensation law is if someone injures themself at work and cannot do their job, they are entitled to Workers’ Comp. benefits — money for lost wages and payment of medical bills. So if you injure your knee, back, or shoulder

Anybody who is involved in a legal matter, regardless of the type, asks themselves the question with some concern, “Will I have to go before the judge?” If you get injured at work and file a Workers’ Compensation claim, it’s likely that you will have to appear before the judge. If the insurance company accepts your claim and starts to send you checks for your lost wages and pays your medical bills, at least initially you won’t have to go before the judge. However, if the insurance company denies your claim on the basis that you didn’t injure yourself, or

What happens if you injure yourself at work, start collecting Workers’ Compensation benefits, go back to work, and then you lose your job? Are you entitled to Workers’ Comp benefits? It depends on a few factors. Let’s say that you work as a delivery driver, full-time, and injure your back while carrying a 50-pound box. The company doctor — known as the panel doctor in Workers’ Comp lingo — takes you out of work and orders an MRI to your back, which you undergo. The insurance company for your employer begins to pay you Workers’ Comp benefits, called total disability

Most employers in Pennsylvania, especially large employers, carry Workers’ Compensation insurance. So if you get injured at work and are unable to do your job, and you submit a claim to your employer, they will notify their Workers’ Comp. carrier, which should start paying you money for your lost wages, as well as your medical bills. But what if you hurt yourself at work, notify your employer, and learn that they don’t have Workers’ Comp insurance? While Pennsylvania law requires employers to maintain Workers’ Comp insurance for their employers — and can be criminally charged if they don’t — many

Will you be able to collect Workers’ Compensation Benefits? People often slip and fall injuring themselves — while walking down a sidewalk, shopping in a store — and sue if there was a defect in the sidewalk or debris on the floor which caused them to slip. But what if you slip and fall in the warehouse where you work, or in the parking lot walking from your car into the building? Will you be entitled to money? We’re here to tell you. Let’s say you’re working on a machine at work and slip when you’re walking across the warehouse

What is your case worth? If you’re injured at work in Pennsylvania and cannot do your job, you’ll be asking yourself the all-important question, “How much money will I receive?” The answer is not simple. The amount of your Workers’ Comp. benefits is based on the wages you earned at your job. If you worked at your job for more than one year before you injured yourself, then your employer must calculate your wages for each of the four quarters preceding your injury. In other words, if you sustained your injury on July 1, 2019, your employer must calculate your

US Air v. WCAB (Bockleman) If you get injured while working at your employer’s office, store, or warehouse, and cannot do your job, you will have a right to receive workers’ compensation benefits. But if you hurt yourself in a car accident on your drive to work, you will not have a right to collect benefits. What happens, though, if you sustain injuries, not in your employer’s building but nearby, and it happens before your shift starts, or after it ends? The Pennsylvania Supreme Court discussed these important issues in a decision that it released in November 2019. In this

If you injure yourself at work and start to receive Workers’ Compensation benefits, your employer may offer you light-duty work. Should you accept the light-duty job offer? An example will help you decide. Suppose you are a warehouse worker, who is required to lift heavy boxes. You injure your low back while lifting a 60-pound box and are unable to do your job. You begin to receive Workers’ Comp benefits, called total disability benefits, at the weekly rate of $600.00 based on your weekly earnings of $900.00. (In Pennsylvania, Workers’ Compensation typically pays 2/3 of an injured worker’s wages, but