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Pearson Koutcher Law Workers Comp Blog

The Pearson Koutcher Law Workers’ Compensation Blog is your online resource for when you are injured on the job in Pennsylvania or New Jersey. Featuring the latest workers’ compensation news, Pearson Koutcher Law’s articles and updated information will help you get answers to your question as well as to obtain the workers’ compensation benefits that you deserve.


Any time a Workers’ Compensation insurance carrier can argue an injured worker was not an employee for an employer when the accident occurred you can bet this will be a first line of defense. This is because the Workers’ Compensation Act in Pennsylvania only applies to individuals employed by an employer and does not pertain to independent contractors. So what is an independent contractor? Am I an independent contractor? You may be asking these exact questions. So here are the answers. Courts in Pennsylvania will consider many different factors to determine whether an injured worker is an employee or an
Client communication is first and foremost at Pearson Koutcher Law.  The Philadelphia work injury attorneys at Pearson Koutcher Law believe firmly that client communication is the key to a successful attorney-client relationship.  We believe in this principle so much that we take the unorthodox step in providing clients with our cell phone numbers.  Clients can easily and without delay speak to an experienced work injury attorney at Pearson Koutcher Law.  No client gets the run around.  No client has to chase their lawyer.  Clients have complete cell phone access to their attorney at all times.  Morning. Noon. Night. (even weekends!).
The Workers’ Compensation insurance company will ask that you be examined during an independent medical examination (IME) any time you have a work injury.  The independent medical examination is really a defense medical examination.  The doctor can ask you questions, have you complete an information sheet or questionnaire, and of course perform a physical examination.  The exam is not for treatment purposes and no doctor-patient relationship is established. So why do you have to go? Because the insurance company handpicks the doctor to try to obtain a favorable opinion that benefits the insurance company.  Then, the insurance company can begin
Philadelphia work injury attorneys at Pearson Koutcher Law explain how injuries that occur outside of a job site are considered work related. One of the key elements for an injured worker to prove when pursuing a claim for workers compensation benefits is that the accident resulting in an injury occurred while in the “course and scope of employment”. In general, an employee must prove that they were injured when actually engaged in furthering the employer’s business or affairs whether on or off a work premises, or even though the employee was not actually engaged in furthering the employer’s business or
The most common question from clients is how long their Workers’ Compensation case will take.  To answer this question, it is important to understand the claim process.  If your claim has been denied, or the insurance company simply has not acted on your claim, a Claim Petition will need to be filed.  It is the injured workers burden of proof to establish all of the elements to support a claim, including the happening of an accident occurring while working, which results in an injury causing a disability.  Evidence needs to be obtained, including testimony from the injured worker and a
Workers’ Compensation is a government-mandated program requiring employers to purchase insurance coverage to provide benefits, including lost wages and medical care costs, to employees who become ill or injured on the job. In exchange, employers cannot be sued by their injured workers in personal injury lawsuits.  Each state has its own laws and programs for Workers’ Compensation.  The Pennsylvania Workers’ Compensation Act governs the program in our state. The purpose of the Pennsylvania Workers’ Compensation Act is to protect all workers’ rights, in any job-related injury, regardless of the employment location. Whether the injury occurs in an office, hospital, warehouse,
After mixed results in the lower courts, Pennsylvania’s Supreme Court has ruled that an injured worker did adequately notify her employer of her work-related injuries, and she is thus entitled to Workers’ Compensation benefits.  As an employee of Gentex Corp. since 1960, Anne Marie Morack inspected helmets made for the Air Force.  She experienced swelling in her hands beginning in 2003, and by January 2005, the pain had become so great that she informed a supervisor that she had to leave work.  Adhering to Gentex’s policy, Morack called for each of the next five days to inform her employer of
When you sustain a workplace injury, where to file your Workers’ Compensation claim may be the first issue you encounter.  You may live in one state but work in another.  Your employer may be based in the state in which you live but you may travel between several worksites in different states.  Your position may involve travel to out-of-state locations visiting vendors or clients. This is an issue faced regularly by professional athletes who travel to a new location every couple of days and sustain injuries “on-the-job” quite often. The issue of where a player may file Workers’ Compensation claims has long been contentious topic between the NFL management and the professional football
Workers’ Compensation is administered in each state individually.  The state legislatures have the authority to develop laws that govern how long benefits are paid and under which circumstances benefits can be terminated.  A growing number of states, in response to the economic downfall, are amending their Workers’ Compensation laws to limit the benefits received by injured workers.  More than ever, injured workers need diligent, knowledgeable Workers’ Compensation attorneys, like those lawyers of Pearson Koutcher Law to fight to protect their rights and get them the full benefits they deserve. North Carolina is one of those states that has attempted to
An online system for reporting work-related injuries and illnesses covered under RIDDOR (the Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 1995) will be the predominant reporting method beginning Sept. 12, 2011.  Employers reporting work-related injuries must use one of seven forms available on the Health and Safety Executive (HSE) website.  HSE’s Infoline telephone service will cease operation on Sept. 30, 2011.  However, fatal and major incidents and injuries in the workplace can still be filed by phone. The Philadelphia Workers’ Compensation attorneys at Pearson Koutcher Law want to remind workers that it is crucial to report your work-related injury to
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