150 Layoffs in the GTP Towanda Plant

From the Towanda Daily Review:

TOWANDA - Global Tungsten & Powders Corp. announced Wednesday that it is eliminating 150 positions at its Towanda plant.  The reduction in employees is occurring because the plant has experienced a dropoff in sales in its wire and phosphor business, according to a press release from the company. 

"The phasing out of incandescent light bulbs and technology changes that require less phosphor in fluorescent lamp manufacturing" has a resulted in a decrease in sales in GTP's wire and phosphor business, GTP said in its press release. 

The positions being eliminated are all associated with the plant's production of wire products, which are used in a variety of industries, primarily lighting, said Craig Rieder, director of human resources at GTP.  The elimination of the positions is expected to begin in September 2012 and be completed by February 2013, the release said.

As I often tell clients who are laid off, if you are currently working but on light duty with restrictions due to a work injury, and then you're laid off, you need to contact a competent workers' compensation attorney immediately.  Your wage benefits should be immediately reinstated upon lay off....even if the work injury is an old one.  Call me if you have any questions.

Layoffs at Wyalusing's Cargill Plant

From the Towanda Daily Review:

The Cargill Meat Solutions plant in Wyalusing has eliminated ten positions as part of a worldwide reduction in the company's workforce. The cuts amount to about one percent of the Wyalusing plant's 1,100-person workforce, said Cargill Meat Solutions spokesman Mike Martin. The eliminated positions come from a variety of departments within the plant, Martin said.

The only reason I highlight this article is to point out and remind workers that if you're laid off due to economic conditions AND you're still on light duty from an accepted work injury, then your workers' comp wage benefits automatically get reinstated-- no questions asked.  If the insurance company refuses to immediately reinstate your weekly wage benefits, then you need to contact a lawyer so he/she can file a penalty petition with the workers' compensation judge.  This rule even applies to old injuries.  As long as you're still on restricted duty from a work injury and you get laid off, then your benefits are reinstated.

Hope this helps.  And my heart goes out to the laid off workers and their families.  Tough time of the year to be unemployed.  Good luck to them.

What are the most important things an injured worker should know about Pennsylvania Workers' Compensation rights?

Below are some initial questions many clients have when they first contact Carroll & Carroll, P.C. The questions below may address many initial concerns you may have. If you don't find the answers here, you should contact us for answers to questions specific to your case. The consultation is free.

Q: What are the most important things an injured individual should know about workers' compensation rights?

• 
  Always report a work injury even if you might not lose time from work or need immediate medical care. It is critical that you require your employer to complete an accident report. Remember to keep an independent record of the date, time, and nature of your work injury. In addition, make a list of witnesses as well as the person to whom the injury is reported. Be sure to provide a complete and accurate account of the type of injury you sustained and how your injury occurred as well as your past medical history.
• If your employer fails to accept your claim within 21 days of the date you notify them, seek legal assistance and file a petition for compensation. Should your employer accept your injury, be certain that the wages upon which your compensation is based are accurate. In most cases your compensation should be 66 2/3% of your gross wages from all sources of employment.
• If, after receiving compensation, your employer or the insurance company asks you to see another physician, seek legal advice immediately as this is your employer's first step in their attempt to either terminate your compensation or modify your benefits. It is possible that your employer may offer you modified work based on medical proof that you are able to perform that work. This can cause you to lose your benefits by failing to accept the newly defined work.
• You might be contacted by a vocational rehabilitation firm attempting to find you a new job. Your compensation can be effected if you fail to cooperate with the vocational firm.
• Should you receive a petition in the mail to terminate, suspend or modify your compensation, seek legal advice. NEVER sign a supplement agreement or final receipt without having it reviewed by an attorney.

Work related auto accidents

Recently, a person contacted our Firm asking whether or not they could receive workers’ compensation benefits due to injuries from an automobile accident in which they were driving their own car but were on company time. The simple answer is yes. As long as your actions come under the category of “furthering your employers business” then you can receive workers’ compensation benefits. It does not matter whether or not you are driving your car or the employer’s vehicle when the accident occurs.

Also, it does not matter whether you were at fault or someone else was at fault. Even if you are the one who caused the accident and was negligent and caused your own injuries, you are still entitled to workers’ compensation benefits. Those benefits would be wage loss, assuming that you have lost time from work, as well as the medical bills.

You may also be entitled to benefits from your own personal automobile insurance policy. You may have purchased wage loss coverage on your own personal automobile policy. If so, your auto insurance company will make up the difference that you have lost in workers’ compensation wage benefits up to the limit of the personal wage loss coverage.

Also, if the other driver was at fault, you can always pursue what is called a “third party action” against the negligent driver and receive pain and suffering money. This is always more advantageous then just strictly workers’ compensation because, under workers’ compensation, you are not compensated for any pain and suffering. In a negligence action you would be able to factor in how the injuries have affected your life.

If you have been involved in a work related automobile accident and you have questions, please do not hesitate to contact us at Carroll & Carroll, P.C.

Rumors of Ingersoll-Rand Athens, Pa Plant Closing

Once again, there are rumors circulating throughout the Valley that the Athens, PA Ingersoll-Rand plant is going to completely shut its doors. Every few years this rumor seems to pop up. But this time around, there's more to the story.

As detailed in a recent Morning Times article, there are approximately 174 people employed at the Athens, PA plant. Compare this to the plant's heyday in 1967 when 1800 people were employed at the plant.

According to an anonymous source inside the plant, 110 employees were let go since the beginning of 2009.

I would still bet against the plant closing, especially given the almost yearly rumors of a shut down. However, if you're an employee there and have a possible work injury that has not been officially accepted by IR's workers' compensation insurance company, now is the time to get it done. I have blogged about this before with regard to being laid off while on light duty work restrictions due to a work related injury. If so, you should be automatically put back on total disability and receive your full disability rate. However, this will not happen if your claim has not been officially accept.

As for comment by corporate headquarters on the possible plant closing:

“We don’t ever comment on anything in the future,” said Susan Jaramillo, director of communication for the corporate headquarters."

Some of our successful case results

Please note that every case is different and these workers' compensation lump sum settlements, while accurate, do not represent what we may obtain for you in your case. Every injured worker is different given the type of injury, the amount of disability, your average weekly wage and weekly compensation benefit rate.

Nor does it mean that we win all of our cases - we don't. Our clients tell us that knowing that we have achieved significant results is one factor that many of them used to decide to hire us. You certainly should ask any prospective attorney whether he or she has obtained significant verdicts and lump sum or compromise and release settlements but the decision to hire an attorney should not be made on this factor alone. We would be more than happy to discuss any of these cases, and many others, with you.

Bridge Construction worker with herniated discs in neck - $385,000.00

43 year old male who was a highly paid bridge construction worker injured his neck while lifting on the job. He ultimately had to undergo two cervical surgeries to repair herniated discs in his neck. Thereafter, he developed RSD or Complex Regional Pain Syndrome in his left arm. He ultimately lost the use of his left arm for every, practical uses. He also started experiencing the same symptoms in his right arm, all stemming from the neck injury.Carroll & Carroll, P.C. filed litigation. The insurance company accepted responsibility for the work injury and even agreed that the claimant lost the use of his left arm. However, the workers' compensation insurance company disputed the relatedness of the right arm.The case settled for $385,000.00 which is a record settlement for Carroll & Carroll, P.C. in a workers' compensation case. Also part of the settlement is that the insurance company has agreed to pay whatever medicare set aside amount is required by Medicare.

Repatative Use Injury to Arms - $175,000.00

53 year old woman had worked at a label making plant for over 20 years. Several years ago, she began having pain in her right arm when she would perform her highly repetitive duties making labels for clothing. When she was restricted to one arm work, she had to use her "good" arm too much and began suffering the same symptoms in the left arm. Carroll & Carroll, P.C. filed a claim petition against the employer and won the case. The workers' compensation judge ruled that the claimant first suffered a right arm epicondylitis and then, due to over-use, suffered the same condition in her left arm later in her employment. An interesting twist in this case was that each "arm injury" was covered by a different insurance company due to the time the injuries arose.

Eventually, Carroll & Carroll, P.C. was able to secure a settlement for the claimant that protected her future medical bills and allowed her to retire with no financial worries.

Loss of use of arm for lumber yard worker - $150,000.00

27 year old male who was working at a local lumber yard injured his arm on a piece of the industrial machinery used to plane wood. While clearing out pieces of debris from the machine, another employee turned it on, locking the client's arm in the machine and causing injury. The client's arm was significantly injured, needing many surgeries.Carroll & Carroll, P.C. filed a petition to force the workers' compensation insurance company to pay the client specific loss benefits. These are benefits an injured employee receives when he/she loses the use of a body part. We argued that the client lost the use of his arm due to the injury. We eventually settled the case for a lump sum payment of $150,000.00. Also, the client is on social security disability. Carroll & Carroll, P.C. has also filed a product liability lawsuit against the manufacturer of the machine due to it being defective for not having proper safeguards designed into the machine.

Construction worker broke leg requiring surgery - $145,000.00

While on a job site, a 45 year old construction worker tripped over some boards, breaking his leg. The break was so bad that surgery had to be done to place screws and plates to mend the bones. Unfortuneately, the client's leg was so disabled that he could not return to construction work. Further, the client developed RSD or what is now referred to as Complex Regional Pain Syndrome. Carroll & Carroll, P.C. was able to win the client's comp benefits after the insurance company denied him what was owed to him. Further, we were able to secure Social Security Disability benefits for the client, then settle his workers' compensation claim for $145,000.00. After the comp settlement, the client will continue to receive his monthly SSD check plus have all of his medical bills paid for through Medicare.

Shop Teacher Amputates Fingers on Table Saw - $125,000.00

A Vocational Tech teacher for a local school severely injured his hand while using a table saw in shop class. Even though the teacher returned to work after a brief period, Carroll & Carroll, P.C. filed a claim for the "specific loss" of use of several fingers. We were able to prove that the teacher had loss the use of three fingers either through outright amputation or severe damage. The case was ultimately settled for a lump sum of $125,000.00 including the payment of all medical bills and the waiver of the workers' compensation lien against any recovery from the product liability case against the table saw manufacturer.

Lumbar Surgery - $110,000.00

38 year old male injured his lower back while lifting something heavy at work. He eventually had lumbar spine surgery and was totally disabled. He had been on workers' compensation for many years before coming to Carroll & Carroll, P.C. for help in getting some medical bills paid. We made sure he was approved for Social Security Disability and Medicare. Then we settled his workers' compensation case for $110,000.00. Now the claimant does not have to worry about his benefits being cut off or looking over his shoulder all the time worrying that someone was watching him. He did not have to go to hearings anymore and could move on with his life.

Loss of Use of Hand - $110,000.00

60 year old woman had her hand trapped in a conveyor belt while working at a local cabinet making plant. After several surgeries on her hand and a partial amputation of her index finger, she no longer had much use of the hand. The lawyers at C&C Law filed a petition for specific loss of use of her hand. We put on such a good case that we were able to settle her case for a $110,000.00 lump sum payment plus continued medical coverage for 2 years.

Blister On Foot Nets Big Comp Settlement - $90,000.00

45 year old male who injured his foot at work causing swelling. Because he continued to keep working with the swelled foot, a blister appeared due to his tight fitting shoe. Unfortunately, the blister became infected with MSR. The employee went through many surgeries and loss of a few toes due to the infection. Complicating matters was the fact that the employee had pre-existing diabetes that was obviously not related to work and that contributed to the infection not healing. So, the insurance company argued that the employee's current condition was not related to the original work injury but to his diabetes.

Carroll & Carroll, P.C. filed a Specific Loss petition claiming that due to the many surgeries and infection and loss of a few toes, the claimant had loss the use of his entire foot as if it was actually amputated. Also, there was a question as to jurisdiction of the case. The insurance company wanted to have the case heard in either Maryland (where the original foot injury occurred) or New Jersey (where the employer's corporate headquarters was located) or in New York (where claimant lived), three states that are not as good for injured workers as Pennsylvania. We were able to negotiate with the insurance company to have the case heard in Pennsylvania. Also, we were able to get all of the medical bills paid. Further, we were able to convince the insurance company that the claimant actually loss the use of his foot. The case was settled for a lump sum of $90,000.00. Also, the claimant was approved for Social Security Disability so he will be receiving monthly benefits in order to pay his living expenses. Further, he was approved for medicare so his future medical bills will be paid.

Work related back injury but no surgery - $80,000.00

A 26 year old man injured his back lifting something heavy while working at Proctor and Gamble in Meshoppen, Pennsylvania. The client was off work due to his injuries despite the fact that P&G wanted him to come back to work on light duty. The client did not have surgery on his lumbar spine.

2009 Pennsylvania Average Weekly Wage Announced

Pursuant to the Workers' Compensation Act, Section 105.1, the Department of Labor & Industry has determined the statewide average weekly wage for injuries occurring on and after Jan. 1, 2009, shall be $836.00 per week. For purposes of calculating the update to payments for medical treatment rendered on and after Jan. 1, 2009, the percentage increase in the statewide average weekly wage is 3.6 percent.

Under the Workers' Compensation Act, injured workers are entitled to indemnity (wage-loss) benefits equal to two-thirds of their weekly wage for a work-related injury. However, there are minimum and maximum adjustments provided in the Act, and the benefit rate is set using the annual maximum in place at the time of injury. The maximum is based on the Department of Labor and Industry's calculation of the statewide average weekly wage.

The following schedules provide the weekly rates from calendar year 1993 to 2009. When referring to the schedules, read down the column for the calendar year during which the injury occurred.

For example, the maximum weekly compensation rate for calendar year 2009 is $836.00. The second block represents the weekly compensation rate to be 66 2/3 percent of the employee's average weekly wage if the average weekly wage falls between $1,254.00 and $627.01.

The third block reflects a weekly compensation rate of $418.00 if the employee's average weekly wage is between $627.00 and $464.44.

The last block is 90 percent of the employee's average weekly wage if his/her average weekly wage is $464.43 or less.

You can see the full schedule here.

Bradford County Employers Laying Off Workers

In today's Towanda Daily Review, there are two articles about local employers laying off workers. Because of this, I wanted to again stress my last blog post: "What do I do when I'm working light duty but laid off?"

As detailed in the Towanda Daily Review, employees from the former Osram Sylvania, now Global Tungsten & Powders Corp. (GTP), were offered a voluntary layoff. See the article here.

Also in the same edition of the paper, two Troy, Pennsylvania companies owned by the Cummings Family, have laid off workers. 22 employees from Cummings Lumber and 48 employees from Barefoot Flooring have been laid off. See the article here.

As stressed in my last post, if you're working a light duty job due to a work related injury and you're laid off, you should contact an experienced workers' compensation attorney immediately. At that point, your total disability wage benefits should be reinstated immediately upon lay off.

Use of pre-paid debit cards in workers' compensation cases

Some of the major issues that our workers’ compensation clients face on a daily basis is the payment of medical bills, the payment for prescriptions and the timely receipt of their bi-weekly or weekly wage benefit checks. Often, the staff at C&C law take care of what is normally a minor issue of red tape but is a major issue for injured workers who either cannot get prescribed medications or cannot pay their bills because their workers compensation check is late.

Our friends at Ziff Law pointed this out on their blog:

J.P. Morgan announced that they are issuing prepaid debit cards so insurance companies can deliver workers’ compensation benefits to injured or disabled workers in a timely and effective way. From the press release from J.P. Morgan, “card holders benefit from efficient, economical and reliable access to insurance payments without having to wait for a check to arrive in the mail.” One of the “benefits” of having this type of debit card, as per the press release, is that the injured worker would be able to receive cash back at ATM machines and retail locations and also pay bills on-line and make purchases that accept Visa debit cards.

Although this seems, at first glance, a benefit, it certainly has the risk of being abused and/or misunderstood. If we ever see these cards in our practice area, I am sure that a separate letter and counseling to the injured worker would be in order to ensure the cards are not a credit card and provide credit. They are merely a debit card and will only work if there are funds in the account.

In any event, it is certainly a intriguing use of current technology for a burdened workers’ compensation system.

New case law on allowing total disability benefits even when the injured employee is back to work

In Allegheny Power Service Corp. v. WCAB, the Pennsylvania Commonwealth Court ruled that the WCAB has discretion under the Workers' Compensation Act to award total disability benefits even when an injured worker is able to return to a job and earn wages.

In 1995, the injured worker suffered severe electrical burns when he came in contact with a charged electrical line. His right arm was amputated at the elbow and his left hand was badly damaged to the point of being almost useless.

The claimant eventually returned to light duty work at his normal wages so the insurance company stopped his total disability wage benefits. Claimant's counsel, though, filed a penalty petition contending that under Section 306(c)(23), Claimant should continue to receive total disability wage benefits despite him returning the work.

The workers' compensation judge determined that the matter was governed by section 306(c)(23) of the Workers’ Compensation Act (Act), which creates a statutory presumption of total disability for individuals who suffer specified bilateral losses: “Unless the board shall otherwise determine, the loss of both hands or both arms or both feet or both legs or both eyes shall constitute total disability, to be compensated according to the provisions of [section 306(a) of the Act, 77 P.S. §511].” 77 P.S. §513(23) (emphasis added).

On appeal, the Employer argued that the WCAB erred in interpreting section 306(c)(23) of the Act as mandating an award of total disability benefits without regard to evidence of Claimant’s post-injury earning power. Specifically, the Employer argued that, because awards under section 306(a) are premised upon a loss of earning power, the principle that specific loss benefits are payable without regard to a claimant’s earning power is not applicable to awards under section 306(c)(23). The Commonwealth Court disagreed.

The Court held that a claimant who sustains an injury adjudged compensable under section 306(c) (specific loss) is not entitled to compensation beyond that provided by section 306(c), even though he may be totally disabled by his injury. Killian v. Heintz Div. Kelsey Hayes, 468 Pa. 200, 360 A.2d 620 (1976). It always has been recognized that the right to compensation under section 306(c) is measured by the extent of the injury, regardless of the degree of disability. Morrow v. James S. Murray & Sons, 7 A.2d 109 (Pa. Super. 1939).

In cases where there is a bi-lateral loss, the claimant's future earning power should not be considered. Also, the sole discretion lies with the WCAB and cannot be overturned on appeal. Thus, if the WCAB determined, as it did in this case, that the claimant should receive ongoing total disability benefits, despite working, then the appellate courts cannot overturn that decision.

Can I settle my Pennsylvania workers' compensation case?

Sure! (Well, most of the time.) At C&C Law, we represent injured workers who receive PA workers’ comp. Sometimes, a case is just right to “settle” - or “put an end to” - either your medical benefits, wage benefits or even both.

Settling a Workers’ Comp case means that the injured worker and the insurance company, after negotiation, have come to an agreement as to just how much ‘value’ (or ‘money’) the case is worth when considering medical bills and treatment as well as any past or future lost wages. Once everyone agrees on a value for the case, a Workers’ Comp Judge reviews the terms of the settlement (in Comp lingo, called a ‘Compromise and Release Agreement’). Then, the Judge issues a Decision approving the C&R and the insurance company pays you the ‘value’ you agreed upon. Here is .pdf version of a blank Compromise and Release Agreement that must be filled out and submitted to the Judge for review.


Do we settle every case? Definitely not! In most cases we start thinking about settling only after our client is finished treating with his/her doctor and once we know the client’s long-term prognosis. It makes no sense to settle your case if you are unsure about the need for future surgery, therapy or the like. It also makes no sense to settle the case if you are unsure whether you’ll be returning to work at the same wage you earned before the injury or whether you might not return to work at all.

And then there are the times that settling the case is the right thing to do despite the medical or wage issues. Based on our years of experience in litigating Pennsylvania Workers’ Comp cases, we may have reason to believe that your chances of winning before the Judge are slim. If this is
the case, it may be in your best interest to settle the case rather than risk losing before the Judge and getting no Comp benefits at all.

It is important to remember that each case is different. You need to evaluate your case based on these and other factors to determine if settlement is appropriate. More likely than not, there is value in your case and many times the insurance company can be motivated to pay “top dollar” to clear their books of open claims. Because every case is different, there is no way to give you a "value " for a lump sum settlement of your case by using an easy equation. You may have heard of an equation of 10 years' worth of wage benefits. Or another one often cited is 3 to 5 years worth of wage benefits. Although some times cases settle within these general guidelines, often times cases settle for more or even less, depending on many circumstances.

At C&C Law, we will evaluate your case to determine if it’s ready to settle, and if so, the fair ‘value’ of your case so you can move on in your life and support your family. Send us an email, give us a call or just stop by if we can help with your PA Workers’ Comp case.

Frequently Asked Questions About Pennsylvania Workers' Compensation

Q: What is Workers' Compensation?

A: Workers' Compensation is insurance your employer must carry in the event an employee is injured on the job, becomes ill due to circumstances surrounding their job or even if death. Benefits include medical expenses, lost wages, specific loss benefits for amputation or loss of the use of an extremity, disfigurement benefits, and death benefits.

Q: Who provides the benefits under the Workers' Compensation Act?

A: By law the employer is responsible for providing Workers' Compensation Insurance. In some instances the employer provides benefits directly by being self-insured otherwise the employer provides the benefit indirectly through a Workers' Compensation insurance company. A worker cannot be charged for benefits provided or any portion of their employer's Workers' Compensation insurance premium.

Q: What are the rights and responsibilities of the injured worker?

A: An injured worker may be entitled to: receive wage benefits; receive medical care reasonable and necessary to treat a work-related injury or illness without any specific time limit; initially choose a doctor under certain circumstances; hire an attorney to help get benefits or to help resolve disputes; confidentiality. If you are injured, you may be responsible to: inform his or her employer about a work-related injury or illness; complete a claim form and submit it to the employer; tell his or her doctor how the injury occurred and if it was work related.

Q: What are the most important things an injured individual should know about workers' compensation rights?

A: Always report a work injury even if you might not lose time from work or need immediate medical care. It is critical that you require your employer to complete an accident report; Remember to keep an independent record of the date, time, and nature of your work injury. In addition, make a list of witnesses as well as the person to whom the injury is reported; Be sure to provide a complete and accurate account of the type of injury you sustained and how your injury occurred as well as your past medical history; If your employer fails to accept your claim within 21 days of the date you notify them, seek legal assistance and file a petition for compensation; Should your employer accept your injury, be certain that the wages upon which your compensation is based are accurate. In most cases your compensation should be 66 2/3% of your gross wages from all sources of employment; If, after receiving compensation, your employer or the insurance company asks you to see another physician, seek legal advice immediately as this is your employer's first step in their attempt to either terminate your compensation or modify your benefits; It is possible that your employer may offer you modified work based on medical proof that you are able to perform that work. This can cause you to lose your benefits by failing to accept the newly defined work; You might be contacted by a vocational rehabilitation firm attempting to find you a new job. Your compensation can be effected if you fail to cooperate with the vocational firm; Should you receive a petition in the mail to terminate, suspend or modify your compensation, seek legal advice; NEVER sign a supplement agreement or final receipt without having it reviewed by an attorney.

Q: What injuries are covered by the Act?

A: Any worker who has sustained an injury arising out of and in the course of their employment has a potential Workers' Compensation claim. As long as your injury is job-related, it's covered. You are covered if you are injured while traveling on business, doing a work-related errand or even attending a required business-related social function. Any injury or illness that occurs due to employment is considered a workers' compensation injury. Under workers' compensation law, you may receive benefits if you are injured no matter who was at fault. Some types of workers' compensation injuries are: broken/fractured bones, back problems/pain, knee problems/injuries, grip loss, heart attacks, hypertension, wrist injuries including carpal tunnel syndrome, burns, shoulder pain, neck pain, headaches, etc. You may be entitled to benefits even if you are still working.

Q: Does an injury have to have a specific date of onset in order to be covered?

A: Your injury does not need to be caused by a specific accident such as a fall. Many workers receive compensation for repetitive trauma injuries such as back problems that are caused by overuse or misuse over a long period of time in the performance of their normal work activity. You may also be compensated for some illnesses and diseases that are the gradual result of work conditions such as lung disease. Due to the fact that symptoms with these types of injuries reveal themselves over a period of time, the worker might not associate the eventual diagnosis of the injury as being work-related.

Q: What workers are covered by the Act?

A: Many states require an employer to carry Workers' Compensation insurance only if they have a minimum number of employees such as 3 or 5. As a general rule though, if a company has employees, then they should have Workers' Compensation insurance. Each state has its own workers' comp laws, as well as its own administrative and legal structure for handling claims and disputes. Some states also require workers' comp only for employees in "hazardous" occupations. What is considered a "hazardous" category can vary widely from state to state. Most employees are also covered if they are injured while working in another state or injured while working in another state for an employer whose principle place of business is in their home state. Without Workers' Compensation coverage, an employer can be sued by an injured worker for medical and disability costs, plus damages. Federal government employees are also excluded from state workers' compensation coverage. Employees of the federal government receive workers' compensation benefits under a separate federal law.

Q: What should I do if I get injured on the job?

A: Seek emergency medical attention if needed. Immediately report your injury to your employer. An injured worker must report any accident to their employer or any employee of the employer who is in a supervisory capacity (foreman, superintendent, company nurse, etc.). Notification must be done within a set amount of time as set by state law. If an injury occurs over time (for example, a breathing problem or carpel tunnel syndrome), you must report your condition soon after you discover and realize that it is caused by your work. Your employer will provide you with a claim form on which you must describe your injury and how, when, and where it occurred. Make sure you save copies of all correspondence with your employer, its insurance carrier and your doctor concerning your workers' comp claim.

Q: How long after an injury do I have to report it to my employer?

A: Immediately report your injury or illness to your supervisor. To be eligible for benefits, in Pennsylvania you must report the injury within 21 days. If you have received medical benefits, the statutory time limit to file a petition for benefits is usually three years from the date of the last payment [to file a claim for medical benefits]. If you have not received any medical benefits, the statutory time limit to file a petition is three years from the date of your injury or illness. Your employer is then required to make a report of the injury and notify its insurance company and/or the Workers' Compensation Commission. If no disability benefits are paid to the injured worker by the employer or carrier within the statutory time limit, and no petition is filed, then the right to any and all benefits may be barred.

Q: Can I lose my job because of a workers' compensation injury?

A: Laws prohibit your employer from discharging or discriminating against you because of your workers' compensation injury. If it is proven that an employer fires or forces you to resign in retaliation for filing a Workers' Compensation claim, the worker could file a civil lawsuit against his employer seeking damages in court.

Q: If I receive workers' compensation, can I also sue my employer in court?

A: Generally, no. In exchange for giving up the right to sue an employer in court, you get Workers' Compensation benefits no matter who was at fault. [You may be able to sue in court if your injury was caused by someone other than your employer or a co-employee, such as a visitor or outside contractor, some third party or if it was caused by a defective product.]

Q: What workers' compensation benefits am I entitled to?

A: You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent losses such as loss of use of an extremity and/or disfigurement (scars). You may also qualify to participate in certain physical and vocational rehabilitation programs. If the injury causes the death of an injured worker, burial expenses are covered and the spouse and/or dependents of the deceased worker may be entitled to certain benefits. If you become temporarily unable to work, you'll generally receive two-thirds of your average wage up to a fixed ceiling. These benefits are tax-free. You will be eligible for these wage-loss replacement benefits as soon as you've lost a set amount of work because of an injury or illness that is covered by workers' compensation as set by state law.

Q: What medical benefits does the Act provide to a worker after they have sustained an on-the-job injury?

A: An injured worker is entitled to receive 100% of all reasonable and necessary medical expenses incurred as a result of a job-related injury. These include first aid, emergency room services, inpatient and/or outpatient hospital care, doctor's fees, prescriptions and other related expenses.

Q: Should an injured worker apply for unemployment benefits?

A: In applying for unemployment benefits during the period a worker is off work due to an on-the-job injury, the worker must state in writing that they are willing and able to work. The Workers' Compensation insurance company could argue that the injured worker's statement to unemployment is contrary to their claim that they are unable to work. Recent court decisions have recognized the financial difficulties facing an injured worker who is not receiving Temporary Disability benefits under the Act and have ruled that a worker who has applied for unemployment benefits, in certain circumstances, is not barred from claiming they are entitled to certain workers' compensation benefits. It is advisable that an injured worker discuss the circumstances of their accident with a Workers' Compensation attorney before attempting to apply for unemployment benefits.

Q: If I am injured on the job can I choose the doctor who treats me?

A: Under Pennsylvania Workers' Compensation laws, the employer may restrict an injured worker's medical treatment, during the initial 90 days following an injury, to a set list of at least six medical providers. These providers are known as "panel providers." However, in order to compel an employee to treat with a panel provider, the employer must fulfill certain specific requirements [which are to]: Have a posted list or providers; and Have the employee sign an acknowledgement of receipt of the list at the time of hire and after the injury.

Q: If I am unable to return to the type of work I did before I was injured, what happens?

A: If your employer has employment available to you within your medical restrictions and you decline, your employer may request a suspension, modification or termination of your benefits. If you do return to work and wages are less than what you earned before the injury, you may be entitled to partial disability. Wage benefits usually will equal approximately 2/3 of the difference between your current earnings and what you earned before your injury, not exceeding the maximum compensation rate for the year you were injured.

Q: What happens if I return to a modified duty job and then I am laid off?

A: If you are still suffering from your work injury, you may be entitled to reinstatement to full disability.

Q: My employer has denied my claim, what do I do?

A: Immediately contact an attorney to discuss whether the facts of your circumstances entitle you to workers' compensation benefits. If so, a Claim Petition should be immediately filed on your behalf to obtain a hearing before a Workers' Compensation Judge.

Q: When is a Workers' Compensation claim considered settled and permanently closed?

A: A Workers' Compensation claim is considered settled only after a Compromise & Release Agreement is prepared and signed by both the employer and employee and approved by a Workers' Compensation Judge at a hearing.

Q: Do I need an attorney?

A: You have the right to be represented by an attorney for your work- related injury. Your attorney will assist you in seeing that your benefits are properly protected. While individuals can sometimes represent themselves in these matters, it is advised to contact a Workers' Compensation Attorney as soon as possible after an accident or diagnosis of a disease or condition in order to protect your legal rights. Workers' Compensation laws are constantly changing and an attorney will be in a better position to advise you in order to protect your rights.
Q: How do I find out my state's workers' comp requirements?

A: Since the state government sets Workers' Compensation requirements, they can vary greatly from state to state. You can consult the Pennsylvania Bureau of Workers' Compensation website or contact an attorney.

Former Welder's $1 Million Verdict Will Stand

Though the welding industry continues to vigorously defend itself against a growing tidal wave of welding rod litigation, it was dealt a serious blow in March 2006 when its repeated attempts to overturn a welding rod fumes case failed in the Illinois Supreme Court. The case is a landmark in welding rod litigation, in which former welders claim that exposure to fumes from welding rods caused manganism and even Parkinson's disease.

The Original Case

Though several welding rod cases have produced multi-million dollar settlements, the original case in question is a landmark because it is the only welding rod verdict ever decided in favor of the plaintiff. The case, entitled Elam v. A.O. Smith, contended that the plaintiff, a 64-year-old Illinois welder who worked in the profession for 30 years, suffered neurological damage from long-term exposure to the toxic fumes that are a byproduct of welding rods. The case was previously tried before a hung jury (Illinois law demands a unanimous jury); in its retrial, Jack Elam was awarded $1 million in "compensatory damages" for his welding rod-related Parkinson's disease. The jury found that A.O. Smith failed to provide adequate safety warnings about the dangers of manganese in welding rod fumes.

The verdict was a watershed in more ways than one - it unleashed a wave of welding rod litigation once attorneys knew that it was possible for a verdict to be awarded in the plaintiff's favor. The welding rod cases have become so numerous that a multi-district litigation is underway in Ohio; it numbers well over 3,000 plaintiffs.

Lost on Appeal

The defendants in the original case quickly appealed the case, contending that it did in fact adequately warn workers of the dangers of working with welding rod fumes. However, in December 2005, the 5th District Appellate Court of Illinois found that the company did not warn workers adequately, upholding the $1 million verdict. On second appeal, the court was taken up before the Illinois Supreme Court. However, it dealt a devastating blow to the welding industry - and gave an encouraging nod to former welders looking to get compensated for their own occupational welding rod-related illnesses - when it effectively upheld the verdict by declining to review the case.

Former Welders Cling to Hope; Continue to Litigate

Despite the fact that the $1 million verdict is the only one ever given to a welding rod litigant, former welders who are suffering from Parkinson's, manganism and other occupational illnesses related to their welding work are retaining hope. Welding rod attorneys hope that the Elam v. A.O. Smith will set a precedent that allows other litigants to collect damages for their occupational exposure to manganese. If you are suffering health problems due to your work as a welder, contact a doctor and then an experienced welding rod litigation attorney who can analyze your case and tell you whether you may be qualified to monetary damages.

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Employment Accidents -- An Overview

Three Department of Labor (DOL) agencies have responsibility for the administration and enforcement of the laws enacted to protect the safety and health of workers. These are the Occupational Safety and Health (OSH) Act, the Mine Safety and Health Administration (MSHA) and the Fair Labor Standards Act (FLSA), which contains rules concerning the employment of workers under the age of 18. Almost every state has a workers' compensation department, the benefits under which vary from state to state (here is Pennsylvania's Workers' Compensation Bureau).

OSHA or OSHA-approved systems regulate safety and health conditions in most private industries. Nearly every employee comes under OSHA's jurisdiction. There are some exceptions such as miners, some transportation workers, many public employees, and the self-employed. In addition to the requirements to comply with the regulations and safety and health standards contained in the OSH Act, employers subject to the Act have a general duty to provide work and a workplace free from recognized, serious hazards.According to the Act, every employer shall furnish to every employee a place of employment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees. In addition, employers shall comply with occupational safety and health standards that are included in the Act.

The Department of Labor has an Employment Standards Administration division (ESA) whose mission is to enhance the welfare and protect the rights of workers. As an enforcement and benefit delivery agency, the ESA is composed of four major programs one of which is responsible for workers' compensation, the Office of Workers' Compensation Programs.

Workers who are injured while on the job, who have been injured in association with their job or who have safety or health issues directly related to their job may be covered under workers' compensation. Workers' compensation is a system of laws outlining specific benefits to which an injured employee is entitled, including lost wages and medical expenses. In other words, it is an important safety net for employees when they are injured while on the job or because of a job. The specific issues associated with each case must be explored to determine the benefits an employee may be entitled to receive. In addition, depending upon the type of accident and injury, the worker may also be able to file a personal injury suit against one or more of the contractors involved, which does not affect workers' compensation claims or benefits.

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Plaintiff awarded wage-loss benefits for depression that resulted from work injury

In Bartholetti v. WCAB, the Commonwealth Court of Pennsylvania ruled a plaintiff was entitled to wage-loss benefits for a period of depression where her psychologist clearly opined that the depression was a result of plaintiff’s injury at work and also caused the Claimant to lose time for work.

Tara Bartholetti was an elementary school teacher who was punched and bit by a student when she attempted to stop a fight. She filed a claim petition alleging she suffered severe anxiety and depression from abnormal work conditions arising from the incident. After Bartholetti’s psychologist testified she suffered symptoms of post-traumatic stress syndrome as a result of the altercation, the WCJ awarded her wage-loss benefits. The WCAB, however, reversed this award, finding Bartholetti failed to prove the disabling nature of her work injuries.

On appeal, the Commonwealth Court found the WCJ’s findings rest on the competent evidence presented by Bartholetti’s psychologist and must not be disturbed. Accordingly, the denial of wage-loss benefits was reversed.

Most of time, the main issue in these cases is whether the work incident was "abnormal" for that particular profession. Common sense dictates that breaking up a fight between two kids is pretty normal for a teacher. However, being punched, kicked and bitten when you're an elementary school teacher might be abnormal. It truly depends on the evidence presented during the hearings-- whether the claimant can show that what happened to them rarely or never happened, and then proving that the incident caused a psychological injury.

For example, there is an older case that holds that a police officer who was involved in a gun battle (and later suffered from post traumatic stress disorder) was NOT abnormal.

Pennsylvania Workers' Compensation wage benefit rates

Under the Workers' Compensation Act, injured workers are entitled to indemnity (wage-loss) benefits equal to two-thirds of their weekly wage for a work-related injury. However, there are minimum and maximum adjustments provided in the Act, and the benefit rate is set using the annual maximum in place at the time of injury. The maximum is based on the Department of Labor and Industry's calculation of the statewide average weekly wage.
The following schedules provide the weekly rates from calendar year 1993 to 2008. When referring to the schedules, read down the column for the calendar year during which the injury occurred.

For example, the maximum weekly compensation rate for calendar year 2008 is $807.00. The second block represents the weekly compensation rate to be 66 2/3 percent of the employee's average weekly wage if the average weekly wage falls between $1,210.50 and $605.26.

The third block reflects a weekly compensation rate of $403.50 if the employee's average weekly wage is between $605.25 and $448.33.

The last block is 90 percent of the employee's average weekly wage if his/her average weekly wage is $448.32 or less.

See the wage rate table here.