Family Law
What are Pennsylvania Laws Regarding Unemployment and Workers’ Comp During COVID-19?
August 31, 2020Guidelines regarding the impact of COVID-19 on your employment and/or workers’ compensation are still rather fluid as Pennsylvania continues to adjust to the coronavirus pandemic. We’ve gathered some FAQs related to COVID-19, work-related injury, and loss of employment to help answer questions you have about COVID-19 and your employment.
For the most up-to-date guidance, please call our office. You also should refer to the Pennsylvania Department of Health’s dedicated coronavirus webpage which is updated daily.
HELPFUL RESOURCES: COVID-19 Related Administrative Links, Information Links, Administrative Orders–in various areas of the law.
April 18, 2020READ ON FOR LINKS, ORDERS, UPDATES, IMPACTING YOU AND YOUR CASE
**Check Back Frequently For Updates**
As always, the Attorneys and Staff of PYFER REESE STRAUB GRAY & FARHAT PC are available for you to answer your questions and guide you; but remember, there are constant and frequent updates and changes due to the COVID-19 climate. Below are some general Helpful Resources. We urge you to continuously check these links for updates because we are in this together. And remember, what may apply today, may change tomorrow. Contact us at 717.299.7342. We are working diligently to keep you well-informed and our information current.
COMMON LAW MARRIAGE IN PENNSYLVANIA? STILL VALID? REALLY?
February 21, 2020
Pennsylvania stopped recognizing Common Law Marriages as of January 1, 2005; however, if you had established a Common Law Marriage in Pennsylvania BEFORE that date, Pennsylvania Law preserves the validity of such marriages. An established Common Law Marriage may provide you with certain benefits such as spousal death benefits, Social Security surviving spouse benefits, or zero percent inheritance tax (as opposed to 15% for unrelated persons).
In the event an established Common Law Marriage ends in a permanent breakup, either spouse may be entitled to a property division, spousal support or alimony, depending on the circumstances. In claiming a Common Law Marriage, you will most likely be asked to provide the Court with records that can establish proof of the marriage, such as joint tax returns or joint loans. You may be asked to provide witnesses who can testify that, while you were a couple, you held yourselves out to family, friends and the community as a married couple. Witnesses may be asked if there was ever any type of ceremony; if so, what was said at the ceremony. The statement of the intent to become a Husband and Wife is the key requirement.
The Social Security Resource Center states that once you have cleared the state hurdle to establish a Common Law Marriage in Pennsylvania, it is just a matter of filing the appropriate Social Security paperwork to claim benefits. The Social Security Office
will not make a determination regarding a Common Law Marriage until it is actually time to make a claim. At that time, they will require both spouses to complete a “Statement of Marital Relationship” and to provide an additional statement from a blood relative affirming the marriage. If your common-law spouse has died and you are seeking survivor benefits, you must provide your own statement, one from a blood relative of yours and two from blood relatives of the deceased. Social Security may seek corroborating evidence that the couple consider (or considered) themselves spouses, such as mortgage or rent receipts, insurance policies or bank records.
In addition, the children of deceased common-law spouses (i.e. parents) may qualify for survivor benefits. The question of Social Security benefits for common-law marriages between same-sex partners is legally unsettled at this time. Same-sex relationships are being addressed piecemeal, as relevant cases work their way through State courts.
If you believe that you may be entitled to spousal benefits or social security survivor benefits as the result of a Common Law Marriage that was established prior to January 1, 2005, please contact us at 717-299-7342 for a convenient appointment to discuss your situation. Pyfer Reese Straub Gray & Farhat PC can help.
Differences Between Personal Injury Law and Worker’s Compensation
February 22, 2019When a PA worker gets hurt, and pursues his/her rights under the Workers’ Compensation Act, generally speaking, he/she is entitled to two benefits: payment of medical bills and payment of lost earnings. But when a worker gets hurt on the job and the injury is caused by an outside third party, such as a driver on the road who blows through a red light or a stop sign, then the worker has two potential claims: a personal injury claim and a workers’ compensation claim. But there are many differences between the two types of claims that can be essential for choosing one path or both.
Our team at Pyfer, Reese, Straub, Gray & Farhat is highly experienced in representing your personal injury or worker’s compensation cases fiercely and efficiently. We will determine which case is right for your situation and work to provide you with the best possible outcome.
Not All Cases Are Alike
Worker’s compensation cases only apply to those in the workforce. The largest distinguishing difference between worker’s compensation and personal injury cases is that fault is typically irrelevant in order to receive benefits in a worker’s compensation case. The primary proof that needs to be presented in order to receive payment is generally that you were an employee, injured in the course and scope of employment and as a result thereof.
Personal injury cases, on the other hand, are more complicated. These cases provide for an opportunity to gain a recovery for non-economic losses such as pain, suffering, limitations on physical activities of daily living, a focus on how the injuries impacted your life, your lifestyle, your activities, short term or long term. They also provide for economic losses such as wage loss claims, out-of-pocket payments, or lost earnings.
Some of these cases may settle early, some may not settle at all; if not settled, litigation (a lawsuit) is commenced. Some proceed to arbitration, others to alternate dispute resolution or to trial. That process may be time consuming but preparedness and patience to carefully plan and gather documentation relevant to your injuries and situation is key. The attorneys at our Firm will guide you through the process, answer your questions and ease your concern and worries by providing you with a projected timeline; the attorney will walk you through what is involved at every step of the way and make you more at ease.
Where is the Overlap?
Worker’s compensation and personal injury cases actually do have some crossover. These cases can be similar in several ways, including:
· Injuries involving a defective product
· Injuries involving a toxic substance
· Injuries intentionally caused by a coworker or employer
· Injuries occurring due to the negligence of the third party
While these are areas of overlap and could potentially be pursued under the workers’ compensation Act or a personal injury case, one of the two areas might be better suited for filing the claim; or perhaps pursuing both. Knowing the subtle differences and the interaction between a personal injury case and a worker’s compensation claim could mean the difference between receiving an appropriate recovery from the claim or walking away empty-handed.
The best way to know whether your case should be filed as workman’s compensation or personal injury is to speak with a knowledgeable attorney. Call our team at Pyfer, Reese, Straub, Gray & Farhat if you need more information about worker’s compensation or personal injury representation. Give us a call today at 717-299-7342. We look forward to hearing from you!