Showing posts with label medical treatment. Show all posts
Showing posts with label medical treatment. Show all posts
Wednesday, August 24, 2011
More possible treatments for lumbar disc injuries
Surprisingly, the treatment doesn't involve surgery or spine manipulation or traction or any of the traditional treatments. It involves the use of adult stem cells to regenerate the damaged disc including the reversal of the degenerative process. Cool stuff...hope the clinical trial pans out. Here's a link to the article.
Friday, November 19, 2010
Manufacturer Pulls Darvon, Darvocet Pain Medicine
I'm posting this article because many of our Pennsylvania workers' compensation clients and auto accident clients take pain medications for obvious reasons. Many of these medications are for controlling chronic pain due to very serious injuries. Our clients suffer from life-long pain and disability due to these injuries. With these drugs off the market, although our clients will be safer, they will ultimately have fewer choices to manage their pain.
From ABC NEWS- Health:
"The U.S. Food and Drug Administration announced Friday that it is pulling off the U.S. market the prescription painkillers Darvon and Darvocet, which combines Darvon with the aspirin substituteacetaminophen, because of new scientific evidence they can damage the heart, even at recommended doses, or cause fatal cardiac abnormalities. The agency now is asking manufacturers of generic propoxyphene to do the same.
The drugs have been banned in Great Britain since 2005. The European Medicines Agency in June 2009 recommended their gradual removal from the European Union market after concluding risks, including the risk of fatal overdose, outweighed pain-relieving benefits."
Thursday, January 7, 2010
Medical Expert Testimony
In a recent case that was issued by the Commonwealth Court of Pennsylvania, Southwest Airlines v WCAB, the Court addressed what constitutes expert medical testimony regarding causation.
In this case, the Claimant’s physician relied solely upon self serving statements by the Claimant regarding a head and neck injury being related to work activities. The doctor did not know of Claimant’s numerous preexisting and prior injuries to his head and neck. The workers’ compensation Judge, nevertheless, awarded benefits.
However, the Commonwealth Court reversed and stated that the basis for the doctor’s testimony was not competent and therefore the doctor’s expert testimony regarding causation was not competent.
This case is indicative of several things including what you must prove in order to win your workers’ compensation case. First, your treating physicians must give an opinion that your injury or condition is related to work activities. Second, that opinion must be competent and have a substantial basis. Usually, the basis for these opinions are the history given by the Claimant, examinations, diagnostic tests and the doctor’s own experience and education.
In the above case, it is apparent that the Claimant’s attorney did not adequately prepare the doctor regarding the issues in the case, specifically the prior injuries. If the Claimant’s attorney had prepared the doctor with the prior facts and the prior medical records and the doctor still had the opinion that the injuries were caused by the work activities then I am sure this case would not have gone up on appeal. This is a teachable moment for practicing Claimant’s attorneys in preparing their cases adequately as well as their medical experts.
In this case, the Claimant’s physician relied solely upon self serving statements by the Claimant regarding a head and neck injury being related to work activities. The doctor did not know of Claimant’s numerous preexisting and prior injuries to his head and neck. The workers’ compensation Judge, nevertheless, awarded benefits.
However, the Commonwealth Court reversed and stated that the basis for the doctor’s testimony was not competent and therefore the doctor’s expert testimony regarding causation was not competent.
This case is indicative of several things including what you must prove in order to win your workers’ compensation case. First, your treating physicians must give an opinion that your injury or condition is related to work activities. Second, that opinion must be competent and have a substantial basis. Usually, the basis for these opinions are the history given by the Claimant, examinations, diagnostic tests and the doctor’s own experience and education.
In the above case, it is apparent that the Claimant’s attorney did not adequately prepare the doctor regarding the issues in the case, specifically the prior injuries. If the Claimant’s attorney had prepared the doctor with the prior facts and the prior medical records and the doctor still had the opinion that the injuries were caused by the work activities then I am sure this case would not have gone up on appeal. This is a teachable moment for practicing Claimant’s attorneys in preparing their cases adequately as well as their medical experts.
Monday, June 15, 2009
Acupuncture may help reduce back pain, research finds
A vast majority of our workers' compensation cases at Carroll & Carroll, P.C. involve clients who have suffered a back injury. Over the years of practicing workers' compensation law, the alternative medical procedure of "acupuncture" has gradually gained prominence.
I remember the early days when acupuncture was considered a bogus procedure. Now, most insurance companies will pay for acupuncture treatment.
A new study appears to show that acupuncture can be an effective treatment for chronic back pain with sufferers reporting a 20% reduction in pain.
Attached is a link to a telegraph article on the study.
I remember the early days when acupuncture was considered a bogus procedure. Now, most insurance companies will pay for acupuncture treatment.
A new study appears to show that acupuncture can be an effective treatment for chronic back pain with sufferers reporting a 20% reduction in pain.
Attached is a link to a telegraph article on the study.
Wednesday, June 11, 2008
Work Related Back Pain
There's a new post at the Carroll & Carroll, P.C. blog on back pain-- the causes, the remedies, what the experts know and what they don't know. Check it out.
The most common form of work related injury is an injury to one's spine. Either by lifting, twisting or a work related automobile accident, back and neck injuries are what we see most at C&CLaw.
The most common form of work related injury is an injury to one's spine. Either by lifting, twisting or a work related automobile accident, back and neck injuries are what we see most at C&CLaw.
Tuesday, May 27, 2008
New case law on what medical tests can be forced on the employee by the insurance company
Peters Township School District vs. W.C.A.B. (Anthony), is a new Pennsylvania Commonwealth Court case (decided on April 2, 2008) that addresses the issue of what diagnostic tests can the workers' compensation insurance company force an injured employee to undergo.
In this case, the Claimant suffered a 2000 right shoulder injury. In 2006, the employer/insurance company requested that the Claimant submit to a diagnostic test consisting of an EEG which was prescribed by the defense medical examiner (DME) petition. The Claimant refused to attend, so the insurance company filed a Petition for Physical Examination.
The original injury occurred when the Claimant was thrown off a truck and struck his right shoulder and head on the asphalt. As a result of the injury, the Claimant was diagnoses with a clinical seizure disorder after he showed evidence of post traumatic headaches, concussion with loss of consciousness, short term memory loss, post concussive syndrome and an abnormal EEG. This EEG was done on December 4, 2000. The claimant developed his first episode of clinical seizure activity around January of 2002. Of note, the Court indicated that the parties did not dispute the Claimant’s seizure disorder was related to the original work injury.
The whole issue came about when the DME, Doctor Bernstein, requested that the Claimant submit to a diagnostic test to discern whether he was having legitimate seizures verses pseudo seizures because of a high prevalence of pseudo seizures in patients with legitimate seizure disorder. The doctor commented that he could not determine whether Claimant’s seizure disorder was truly under control or whether Claimant was capable of returning to work and/or operating a motor vehicle without a new EEG. The doctor also stated that the test involved essentially no risk and was not unreasonably intrusive to the Claimant.
The claimant presented his own medical reports from the treating physician who opined that the EEG was not necessary and would not be of any diagnostic help. The test would not add anything to the Claimant’s treatment either. Further, the Claimant’s treating physician indicated that it was his opinion that the Claimant did not suffer from pseudo seizures.
The Workers’ Compensation Judge denied the employers Petition to Compel the diagnostic test. The employer appealed to the Workers’ Compensation Appeal Board which affirmed the Judge’s decision. On appeal to the Commonwealth Court, the employer contended that the Judge applied the improper standard.
The Commonwealth Court indicated that Section 314 of the Workers' Compensation Act (77 PS Section 651(a)) provides that “at any time after an injury, the employee, if so requested by his employer, must submit himself at some reasonable time and place for physical examination.” Also, the Court pointed out that “physical examination” includes all reasonable medical procedures and tests necessary to permit a provider to determine the extent of the employee’s disability.
The Commonwealth Court denied employers arguments. It stated that to the extent the diagnostic test was an “attempt to rule out pseudo seizures” and there was no persuasive evidence that suggested Claimant experienced such pseudo seizures, the Judge found the test was not necessary. The issue came down to whether the diagnostic test would yield useful information regarding Claimants seizure disorder, specifically pseudo seizures, against the Claimant’s right to avoid the intrusion of a seventy-two hour hospital confinement necessary to perform the test. The Court believed this was extreme given the risk of obtaining no useful information regarding the claimant's disability status.
In this case, the Claimant suffered a 2000 right shoulder injury. In 2006, the employer/insurance company requested that the Claimant submit to a diagnostic test consisting of an EEG which was prescribed by the defense medical examiner (DME) petition. The Claimant refused to attend, so the insurance company filed a Petition for Physical Examination.
The original injury occurred when the Claimant was thrown off a truck and struck his right shoulder and head on the asphalt. As a result of the injury, the Claimant was diagnoses with a clinical seizure disorder after he showed evidence of post traumatic headaches, concussion with loss of consciousness, short term memory loss, post concussive syndrome and an abnormal EEG. This EEG was done on December 4, 2000. The claimant developed his first episode of clinical seizure activity around January of 2002. Of note, the Court indicated that the parties did not dispute the Claimant’s seizure disorder was related to the original work injury.
The whole issue came about when the DME, Doctor Bernstein, requested that the Claimant submit to a diagnostic test to discern whether he was having legitimate seizures verses pseudo seizures because of a high prevalence of pseudo seizures in patients with legitimate seizure disorder. The doctor commented that he could not determine whether Claimant’s seizure disorder was truly under control or whether Claimant was capable of returning to work and/or operating a motor vehicle without a new EEG. The doctor also stated that the test involved essentially no risk and was not unreasonably intrusive to the Claimant.
The claimant presented his own medical reports from the treating physician who opined that the EEG was not necessary and would not be of any diagnostic help. The test would not add anything to the Claimant’s treatment either. Further, the Claimant’s treating physician indicated that it was his opinion that the Claimant did not suffer from pseudo seizures.
The Workers’ Compensation Judge denied the employers Petition to Compel the diagnostic test. The employer appealed to the Workers’ Compensation Appeal Board which affirmed the Judge’s decision. On appeal to the Commonwealth Court, the employer contended that the Judge applied the improper standard.
The Commonwealth Court indicated that Section 314 of the Workers' Compensation Act (77 PS Section 651(a)) provides that “at any time after an injury, the employee, if so requested by his employer, must submit himself at some reasonable time and place for physical examination.” Also, the Court pointed out that “physical examination” includes all reasonable medical procedures and tests necessary to permit a provider to determine the extent of the employee’s disability.
The Commonwealth Court denied employers arguments. It stated that to the extent the diagnostic test was an “attempt to rule out pseudo seizures” and there was no persuasive evidence that suggested Claimant experienced such pseudo seizures, the Judge found the test was not necessary. The issue came down to whether the diagnostic test would yield useful information regarding Claimants seizure disorder, specifically pseudo seizures, against the Claimant’s right to avoid the intrusion of a seventy-two hour hospital confinement necessary to perform the test. The Court believed this was extreme given the risk of obtaining no useful information regarding the claimant's disability status.
Thursday, May 22, 2008
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.
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.
_________________
LegalView, is the number one resource for everything legal on the Web and can be located at http://www.LegalView.com. LegalView has an array of practice areas that are continually updated to contain the latest news, jury verdicts and information. Two new practice areas relate to Vytorin, http://vytorin.legalview.com, and Zetia, http://zetia.legalview.com , which are cholesterol-reducing drugs discovered to be less effective than generic brands.
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.
_________________
LegalView, is the number one resource for everything legal on the Web and can be located at http://www.LegalView.com. LegalView has an array of practice areas that are continually updated to contain the latest news, jury verdicts and information. Two new practice areas relate to Vytorin, http://vytorin.legalview.com, and Zetia, http://zetia.legalview.com , which are cholesterol-reducing drugs discovered to be less effective than generic brands.
Monday, May 5, 2008
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.
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.
Sunday, May 4, 2008
Do you really have to see the company doctor? Exploding the Myth of the 90 Day Rule
Here is an excellent article by Attorney Dan Siegel regarding whether an injured employee really has to treat with the company doctor.
I often tell my clients that it is not necessary and they can treat with whomever they want. Seriously, wouldn't you be more comfortable treating with your family physician or receiving a referral to a specialist from your family physician? 9 out of 10 times the employer's doctor has the employer's best interest in mind instead of the patient.
As Dan's article explains, in order for the "90 Day Rule" to apply, employers and insurance carriers must jump through so many hoops that a vast majority always get it wrong. It's an extremely rare case that everything was done correctly that would require the injured worker to treat with the company doctor. I see it on a daily basis.
So, the next time your human resources rep tells you who you HAVE to treat with, show them a copy of this article and watch them spit and sputter. Then call me...or Dan. We'll set them straight.
Dan is an attorney in the Philly area. Check out his other websites if you get a chance.
I often tell my clients that it is not necessary and they can treat with whomever they want. Seriously, wouldn't you be more comfortable treating with your family physician or receiving a referral to a specialist from your family physician? 9 out of 10 times the employer's doctor has the employer's best interest in mind instead of the patient.
As Dan's article explains, in order for the "90 Day Rule" to apply, employers and insurance carriers must jump through so many hoops that a vast majority always get it wrong. It's an extremely rare case that everything was done correctly that would require the injured worker to treat with the company doctor. I see it on a daily basis.
So, the next time your human resources rep tells you who you HAVE to treat with, show them a copy of this article and watch them spit and sputter. Then call me...or Dan. We'll set them straight.
Dan is an attorney in the Philly area. Check out his other websites if you get a chance.
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