Workers’ Compensation
Pennsylvania Workers’ Compensation Laws
October 23, 2023In the heart of Pennsylvania, our Keystone State, the laws surrounding workers’ compensation hold unique implications for both employers and employees. In these local circumstances, the legal team at Pyfer Reese stands ready to guide you through the complexities of workers’ compensation, ensuring that you receive the support and compensation you deserve.
Workman’s Compensation: What You Need to Know
March 6, 2023Understanding workman’s compensation. Just because the weather has been nice, doesn’t mean the skies are clear!
If you’ve been injured at work, you may be wondering if you’re eligible for workman’s compensation. Workman’s compensation, also known as workman’s comp, is a type of insurance that provides benefits to employees who are injured or become ill as a result of their job. In most cases, workman’s compensation will cover medical expenses and a portion of your lost wages. If you get injured on the job, there are a few steps you want to take to protect yourself and make sure you get the medical and financial help you need. Each company has different policies and agreements, so make sure you understand your companies in case of an emergency.
What Kind of Lawyer Handles Product Defects?
September 27, 2021Product liability refers to the liability that may arise when a product is defective or not reasonably safe. Doctors, patients, or consumers who have been injured by unsafe products may have access to compensation, in the form of a product liability lawsuit.
Our product liability lawyers, [or defective product lawyers], generally handle the following:
- Manufacturing defects, such as missing or incorrectly installed brake pads on a motorcycle
- Design defects, such as unstable shelving that falls
- Inadequate or no product instructions, such as televisions or furniture without tip-over warnings; or lack of instructions on properly anchoring the furniture to the wall.
The BIG Question of When to Take Social Security Retirement Benefits
March 22, 2021I Was Injured At Work – What Are My Rights?
December 2, 2020Dealing with the challenges of being injured at work is frustrating and oftentimes confusing. You probably have many questions about your rights, about what steps you should take, and whom you can trust. Let’s start with what is probably your most pressing question: ‘If I was injured at work, what are my rights?’ “
You have the right to file a claim for your injury, to seek medical assistance from a doctor, and to be represented by a workers’ compensation lawyer as you navigate through the process.
Since each case is different, your best next step is to consult with a lawyer. If you are in or near the Lancaster PA area, our team of workers comp lawyers are here to serve you, and we encourage you to request a consultation with us today or keep reading if you have additional questions. Contact Gabriella H. Farhat
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.
Personal Injury: Common Benefits Often Overlooked or Lost
March 4, 2020
If you have suffered a personal injury, whether through another person’s negligence or in an accident, it can be devastating. Your physical recovery is likely highest on your mind, and it should be. Yet having the right professional legal representation to help ensure a successful recovery is crucial.
Knowing how to find the right personal injury lawyer can mean getting fair financial compensation, which can play a vital in your recovery. The right personal injury lawyer can also make sure you aren’t missing out on benefits that are often overlooked or lost.
Sound Guidance Toward Legal Justice
As a victim of someone else’s violation of a safety rule, you may feel vulnerable. While you are likely a clear thinker in normal situations, your thoughts and decisions can be clouded during this time. An experienced personal injury attorney, such as Attorney Gabriella H. Farhat, or Attorney Daniel C. Bardo can help you focus on getting maximum compensation in your personal injury case, alert you to any statute of limitations, and get justice in a timely manner.
Get the Money You Deserve
Damages suffered by victims of personal injury are usually compensatory. Funds awarded to a plaintiff to help pay for damages, injuries, or other loss are compensatory funds. The best personal injury lawyers will pursue all damages possible.
Common Benefits in Compensation include:
- Pain and suffering
- Loss of wages
- Medical bills
Overlooked Benefits in Compensation may include:
- Cost of future medical care, bills
- Loss of future earnings
- Cost of canceled vacations, trips, etc.
You Won’t Need to Face Insurance Companies
It’s in the insurance firm’s best interest to limit monies awarded to you. In your eagerness to settle things and begin recovery, you may overlook the evidence and documents needed to get the maximum compensation you deserve.
Compared to the average citizen, the auto and medical insurance industries are giants when it comes to expertise and experience in lawsuits. Even trying to correspond with them can be daunting and time-consuming for one person.
A reputable personal injury lawyer is adept at working with insurance companies and can ensure that sufficient proof is readily available if your case goes to trial and will negotiate with insurance firms to get the best outcome for you, with the most compensation.
Request a consultation with Pyfer Reese Straub Gray & Farhat PC today. Our team of personal injury lawyers are ready to serve you!
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!
An IRE in Workers’ Compensation
January 22, 2019A hot issue for injured workers in Pennsylvania and under the Workers’ Compensation Act has been the “IRE.” The IRE has been in place in PA since 1996. But the Supreme Court of Pennsylvania declared the entire IRE section of the Act (Section 306(a.2)) unconstitutional on June 20, 2017* and THEN… on October 24, 2018… WAIT. WAIT.
Before we talk about that, let’s talk about what is an IRE anyway?
IRE stands for Impairment Rating Evaluation.
Under the IRE concept, once an injured worker receives 104 weeks of temporary total disability benefits, and has reached MMI (Maximum Medical Improvement), the workers’ comp insurance company has the right to send the injured worker for an IRE by a doctor. The IRE doctor is selected either by agreement between the parties or by the Bureau of Workers’ Compensation. The doctor examines the injured worker and reviews medical records. Once the doctor does both, he or she then refers to the 6th Edition of the American Medical Association’s (AMA) Guides to the Evaluation of Permanent Impairment. The doctor then comes up with a “Whole Body Impairment” (WBI) rating related to the work injury only. If the IRE results in a WBI rating is less than 35% (this had previously been at 50%), the status of workers’ compensation benefits can be changed from “total” disability to “partial” disability. This change does not affect the weekly compensation rate, but it does affect how long the injured worker can receive the benefits.
In Pennsylvania:
1) There is no limit to how long an injured worker can receive “total” disability benefits; and obviously, this explains why an IRE process and the results are important.
2) But an injured worker can only receive a maximum of 500 weeks of “partial” disability benefits. Therefore, once the status of benefits is changed from “total” to “partial” wage loss (aka indemnity) benefits may be capped at 500 weeks. There is no limit to the length of time an injured worker can receive medical benefits.
If the IRE is requested within 60 days of the expiration of 104 weeks of total disability benefits, the change in status is automatic (the PA workers’ comp insurance carrier only has to file a form called “Notice of Change of Status”). If the request is not made within this 60-day window, the PA workers’ comp insurance company must file, and litigate, a Petition for Modification to have the status changed.
Current Law:
But, as I mentioned earlier, what was ruled unconstitutional on June 20, 2017 became a short-lived victory as of October 24, 2018. On October 24, 2018, the PA legislature enacted into law Act 111 of 2018, which reestablished the IRE process, now Section 306 (a.3). But, at least for the injured worker in PA, the previous 50% threshold for continuing on total disability was reduced to 35%. Other than that, it would appear the IRE process is back in PA. There is an established presumption of total disability at 35% whole body impairment.
Questions do remain how this new law will impact existing cases. This will require decisions from the appellate courts. If you have IRE situation, or a Petition for Modification has been filed in your case, come see us as soon as possible to discuss your situation. See Gabriella Hashem Farhat, Esquire, or Linda F. Gerencser, Esquire, for legal questions or representation. Attorney Farhat has been handling and litigating workers’ compensation cases, on behalf of the injured worker/employee for over 30 years, call us at 717.299.7342. And, stay tune for our part 2 blog about this hot topic.
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