Pa Work Injury Law: November 2010

Monday, November 29, 2010

5 Things to Keep In Mind When Filing For Social Security Disability Benefits

For those of our readers considering filing for Social Security Disability benefits, we are posting this article from another source to give you things to consider. As always, if you have any questions, please contact us.

You should seek the advice of a social security disability lawyer before filing a claim for disability benefits. He will verify the information furnished and make changes if necessary taking care that your application fulfills the eligibility criteria specified by the social security administration.

Properly Filled Application

You can download SSD benefit application form from the SSA website or visit the local SSA office for a copy. For an average American filling in the form might seem a complex and daunting task. It would therefore be better to hire the services of a social security disability lawyer who will ensure that you fill in all the required details properly with adequate evidence to back your claims.

Timely Action

Never delay the filing of application for SSD benefits. The processing of the claim and approval might take at least a year even if you are fortunate enough to get through the first time. Any delay in filing the application or failure to furnish information requested by the SSA on time will sabotage your chances even though your case might be genuine.

Employment Record

SSA will take into account your employment history ten years prior to the date of your disability. You should have been employed gainfully for at least five of the ten years prior to being disabled. In addition to this it is important that social security disability insurance was being deducted from your salary. It is important that you have pay slips, bank account statements and other relevant documents to substantiate your claim. SSA will compare the evidence submitted by you with the form W2 submitted by your employer to verify your claim.

Letter from the Employer

You can request your employer to give a written statement that your disability was the cause for being unable to work. You can also ask him to include details of your job profile and your performance before you were disabled. This will give an idea of the way in which disability has rendered you incapable of performing any monetarily productive work. Take the help of a social security disability lawyer for proper guidance in these matters.

Medical Record

This is the most critical record upon which your claim's approval will depend. You should maintain a record of the hospital visits, medications prescribed, investigations done, record of any therapy done, medical bills, and other relevant information. This will serve to impress upon the SSA representatives the extent of disability and the expenditure you are incurring on healthcare after being disabled.

Social security disability lawyer might also request your doctor to give a letter describing your current health status, probable prognosis, and the time it might take for you to completely recover and undertake gainful employment.

It is important to understand the whole process and keep all the relevant data ready. A good social security disability lawyer will guide you at every step of filing the claim and will also regularly pursue the case and update you about the status.

Make an educated decision when looking for the right social security disability lawyer. It's wise to konw what you need to qualify, what to do if you've been denied a claim, and things to be careful of when filing. This social security disability site will break down each medical condition in an easy to understand way, and will help you win your claim!

Wednesday, November 24, 2010

Another gas worker fatality in the Marcellus Shale

There has been another gas worker fatality in Bradford County, Pennsylvania. In this unfortunate and sad instance, a dump truck driver hauling stone to a well site lost control of the truck and ran off the road. The accident occurred on Overton Road in Overton Township, Pennsylvania. Here is a link to an article on the incident from the Towanda Daily Review.

There was another Marcellus Shale gas drilling truck accident yesterday as well. A crane used at one of the drill sites overturned near Granville Township, Bradford County, Pennsylvania. Fortunately, the driver in this incident was not injured, as per the article about the incident in the Towanda Daily Review.

It appears that these types of truck accidents have been occurring on a regular basis. Why is that? Is it due to the amount of truck traffic on the road-- the more traffic will naturally generate more accidents? Is it that the gas workers are being worked too hard and not given enough down time? I don't know the answer.

Monday, November 22, 2010

Health Insurance For People with Pre-existing Conditions

Many of our clients have long-lasting, chronic injuries and conditions, even after their case is over. Most insurance companies will not insure them due to these pre-existing conditions. Well, now there's an option.

You may not know this, but Pennsylvania (and many other states) now offer health insurance for people with pre-existing conditions, who could not obtain health insurance from any other source. In Pennsylvania, the program is called PA Fair Care and information regarding signing up can be found here. There was a recent article in the Towanda Daily Review about the fact that not too many people know about this health insurance plan, so I'm trying to spread the word. Here are the details:

The program offers benefits ranging from preventive care, physician services, prescription medications, diagnostic testing, hospitalization and mental health services
To be eligible, applicants must be state residents who have been uninsured for six months prior to applying for coverage through the program
Applicants must have a pre-existing medical condition, ranging from diabetes and hypertension to ulcers or arthritis.
Individuals who are eligible will have a monthly premium of $283, plus copays and coinsurance

Check out the link above to PA Fair Care and see if it's a good plan for you and your family.

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."

Chesapeake Energy opens $7 million "Man Camp" in Athens Township

Finally, Chesapeake Energy and Nomac Drilling opened up the "Man Camp" in Athens Township, Pennsylvania. The facility will house approximately 276 employees of Chesapeake Energy and Nomac Drilling. The facility will also serve as a training center for new employees.

I hope the training will have a significant focus on safety. Carroll & Carroll, P.C. has handled many workers compensation cases for gas drilling employees, including drill site workers and truck drivers. Drilling sites can be dangerous places. There have been several employee deaths at the sites around Bradford County, Sullivan County, Tioga County and Susquehanna County.

Here are links to articles from the Towanda Daily Review and the Sayre Morning Times. The Daily Review article has an imbeded video presentation from a Nomac Drilling spokes-person.

The Eastern Training Center and Housing Facility, located on Lamoka Road, has 11 buildings, including six dormitories, a cafeteria, a training center, a non-smoking recreation center, a smaller recreation center for workers who smoke, and a laundromat.

Nomac Drilling LLC is a wholly owned subsidiary of Chesapeake Energy Corp

Tuesday, November 16, 2010

How much is this going to cost me?

I often hear this question when new clients come to the office for the first consultation. This question is often asked in both personal injury cases (auto accidents, slip and fall, defective products) as well as workers' compensation cases.

If you felt the need to contact a personal injury attorney, we can just go ahead and assume that you have suffered enough. Our initial consultation is free, and if we determine that you have a case, you won’t pay us a cent unless we get you good results. Our fee is based on a percentage of your settlement or judgment.

In Pennsylvania workers' compensation cases, our fee is set by statute at 20% of whatever benefits we obtain for you. Also, we will cover any litigation costs that are necessary to win your workers' compensation case. An average workers' compensation case could cost up to $5,000.00 to litigate. If we are successful, the workers' compensation insurance company will pay those litigation expenses, above and beyond any award you've won.

Tuesday, November 2, 2010

Water tanker truck rolls over in Camptown, PA

Via the Towanda Daily Review:

A Williamsport man was transported to Robert Packer Hospital after the water tanker truck he was driving rolled over in an accident Monday night on state Route 409 in Camptown, police said

The truck, which was operated by 49-year-old William McClelland of Williamsport, was carrying a full load of fresh water to a gas well site, state police said.

The truck was coming down "a steep grade" at the time of the accident, State Police Cpl. Roger Stipcak said. "It looks like his brakes failed" and the vehicle gained speed on the incline, he said.

C&C Law has been seeing a lot of these types of truck accidents. In many instances bad roads are the cause of the problem. There has been a significant increase in the amount of truck accidents in Bradford County and surrounding counties due to the Marcellus Shale gas drilling.

Successful Case Results

Dandy Mini Mart back injury Lump Sum Settlement - $157,000.00

A 38 year old woman who worked as a clerk at a local Dandy Mini Mart suffered a serious work related back injury several years ago. After the employer, Dandy Mini Mart, denied her claim, James R. Carroll, Jr., Esquire litigated her case and won, forcing Dandy Mini Mart to pay for back surgery and wage loss benefits. After several years of being on workers' compensation, Jim negotiated a lump sum settlement with Dandy Mini Mart in the amount of $157,000.00-- $70,000.00 was a lump sum paid to the injured worker and $87,000.00 was paid to the injured worker to pay for her future medical treatment, which consisted mostly of monthly prescriptions.

WalMart Truck Driver Lump Sum Settlement - $150,000.00

46 year old Walmart truck driver who was involved in a work related truck accident. The client suffered from a back injury. He was on workers' compensation for a few years then returned to part time driving. We settled his workers' compensaiton case for a lump sum of $150,000.00.

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.

Shoulder rotator cuff tear with surgery - Shoulder rotator cuff tear with surgery- $85,000.00

A 49 year old woman injured her left shoulder while working at a plastic bag manufacturer. She ultimately had two surgeries to repair a torn rotator cuff. She was eventually returned to work light duty work, but her employer did not have any light duty available.Carroll & Carroll, P.C. forced the insurance company to pay some medical bills and prescriptions that were outstanding. Eventually, the client wanted to settle her case. C&C Law was able to negotiate a lump sum settlement of $85,000.00. Further, we made sure that the client's future medical bills would be covered by other insurance.

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. We were able to settle the case for a lump sum amount for $80,000.00.

Arm Caught In Defective Conveyor Belt In Meat Plant- $500,000+

A 29 year old meat processing worker had his arm caught in a defectively designed conveyor system that lacked the proper guarding. Worker suffers from severe brachial plexus injury to arm and shoulder. We were able to litigate the issue of "specific loss of use" of the arm and won that issue. After settling a third party persoanl injury case against the manufacturers of the conveyor system for a multi-million dollar amount, we settled the workers' compensation case for a lump sum amount that included the establishment of a Medicare Set Aside account that will pay for the injured employee's medical bills for the rest of his life. We also were able to settle the wage portion of his claim that paid him a few hundred thousand lump sum, above and beyond what was paid in the third party case.

GAS INDUSTRY WORKER TRIP AND FALL ON PIPE- $230,000.00

A 58 year old Marcellus Shale Gas Industry worker tripped over a pipe on a well pad site and fell, injuring his ankle. Unfortuneately, the original injury turned into Complex Regional Pain Syndrome (formerly called "RSD") which causes severe pain disability in the affected area. The workers' compensation insurance company disputed that the worker had Complex Regional Pain Syndrome and filed a petition to stop the weekly wage benefits and medical benefits. We were able to keep the wage benefits coming so the employee and his family wouldn't become destitute. Eventually we were able to negotiate a lump sum settlement with the insurance company for $230,000.00.

Client Testimonials

Workers Compensation:

At first I was afraid to contact an attorney because I thought it might affect my job. But the staff and attorneys at Carroll & Carroll, P.C. set me at ease right at the start of my case. They were all very helpful. All of my questions and concerns were always answered. And I was very satisfied with the settlement of my case. This is a very caring law firm and that's why I would recommend them to my family and all of my friends. They helped me gain more self confidence than I had before.

Shirley Goble
Athens, PA

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Dog Attack:

I found your firm to be very caring which made me feel comfortable even though I wished this never happened to me. Everyone that I came into contact with at the office treated me with respect and individual attention. I truly believe I was given the best advice and was in truly caring hands.

Betty Lewis
Towanda, Pa
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Workers' Compensation:

Carroll & Carroll, P.C. exceeded my expectations and everyone who works there was very helpful. Without C&C, I couldn't have kept my wits about me. Nor would I have got the settlement that I did. I would recommend C&C Law to everyone. Thank you so much!

Gary Martz
Chemung, NY

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Workers' Compensation:

Carroll & Carroll, P.C. exceeded my expectations. Everyone at the firm went above and beyond for my case. I would recommend Jim Carroll to everyone. Overall, I was satisfied with the settlement of my workers' compensation case.

Terry Plumely
Painted Post,NY
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Workers' Compensation:

I want to thank all of the staff at Carroll & Carroll, P.C. I can't pick just one, they all went above and beyond and were so nice. Thank you for working so hard on my case. Because of the successful outcome I was able to travel to Texas to visit my son.

Gordon Collins
Horseheads, NY
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Workers' Compensation:

I want to thank you for all the time you and your staff has put into my case. You will never know how much it means to me and how much of a weight has been lifted off of me knowing that all of you are so good to me and that you are there for me. Thank you from the bottom of my heart.

Dorothy Leckie
Mifflinville, PA
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Workers' Compensation:

I thank God I went on the internet and found your law firm. You have helped change my life and added some years that are stress free. My family says that I was a changed person once I talked to Jim and Carla about my case and my future employment opportunities. Thank you all.

Jo Ann Daly
Sayre, PA
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Workers' Compensation:

Before my work injury, I could have done any kind of work. Now I can't. But Jim and Carla taught me a lot about Pennsylvania's workers' compensation system and won my case for me. They were always there to answer my questions and keep me up to date on my case. Even though I was afraid to hire an attorney at first, Carroll & Carroll, P.C. greatly exceeded my expectations. I've already referred family and friends to them.

Donna Pozzi
Towanda, Pa
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Work Injury:

Although I was afraid to hire an attorney at first, Jim answered all of my questions and made me feel a lot better. Carroll & Carroll, P.C. exceeded my expectations and I received a lot more money for my injuries than I thought.

Carl Button
Wyalusing, Pa
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Slip and Fall:

Right from the beginning Jim answered all of my questions and was very patient with me. I was terrified of lawyers because there are a lot of shifty lawyers out there. The staff of Carroll & Carroll, P.C. was so helpful. Carla did so much for me, even travelling to Philadelphia when I had to see the insurance company doctor. I'm so satisfied in in outcome that Jim got for me. I'm financially secure now and don't have to worry about suporting myself and my family. I've already referred friends and family to Carroll & Carroll, P.C.

Lisa Spinner
Barton, NY
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Workers' Compensation:

All I can say is that they didn't quit on me. My case was a long battle but Jim won it. Then he was able to get me a great settlement that made me financially secure in my retirement. They treated me like I was part of the family.

Sandy Henry
Sayre, Pa
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Workers' Compensation:

I wasn't sure I had a case but Jim was very helpful and reassuring. I don't have to worry about my medical bills. Jim made sure that they were taken care of. He always kept me informed and was quick to answer to emails. I would recommend Carroll & Carroll, P.C. to everyone!

John Bryerton
Sayre, PA
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Workers' Compensation:

The way Jim took over and handled everything was unbelievable. I didn't receive checks for months but as soon as Jim started working on my case I began receiving my checks again. I first went to a "big wig" firm but they did nothing for me. When I called Jim I got put right through or he would always return my calls. He even negotiated a great settlement for me that helped me move on from my injury and support my family.

Andrew Glover
Laceyville, Pa
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