Author Archives: Site Administrator
Employer Complaints on Facebook Can Get You Fired
In a previous entry we discussed how complaints about the workplace on social media sites can be considered “concerted activity” and therefore protected speech under the National Labor Relations Act (NLRA). However, depending on the circumstances, posting your employer complaints on Facebook can get you fired. In a recent case out of California, the… Read More »
Police Officers and Off the Job Injuries
Police Officers Are Entitled To Pennsylvania Workers’ Compensation Benefits When Injured From Exercising or Working Out Off the Job Posted by Ira H. Weinstock, P.C. in Workers Compensation, Helpful Information, and Heart and Lung Blog on November 5, 2014 Police officers often are required to meet certain physical requirements as part of their job… Read More »
Are Independent Medical Examinations Independent?
Posted by Ira H. Weinstock, P.C. in Workers Compensation and Helpful Information on October 17, 2014 In Pennsylvania Workers’ Compensation it is common for an employer to schedule an independent medical examination. But are these exams really “Independent?” In reality, these exams are only for the benefit of the Workers’ Compensation Carrier and your Employer. … Read More »
Settlement Impact on Social Security
PA Workers Compensation Settlement Impact on Social Security Are you thinking about settling your PA Workers Compensation case but worried about the settlement impact on social security? Receiving workers’ compensation can impact the amount of your disability payments under Social Security. Of all Social Security beneficiaries, nearly one-fifth also have some connection to workers’ compensation… Read More »
The Going and Coming Rule
The Going and Coming Rule and Work Related Injuries that Occur Outside of Work Generally, under the “going and coming rule,” injuries sustained while an employee is traveling to and from his place of employment are considered outside the course and scope of employment and are, therefore, not compensable under the Workers Compensation Act…. Read More »
Public Employees Protected Speech
Lane v. Franks: The Supreme Court Offers Some 1st Amendment Protection to Public Employees’ Truthful Testimony Under Oath In Lane v. Franks (http://www.supremecourt.gov/opinions/13pdf/13-483_9o6b.pdf) the U.S. Supreme Court considered whether a public employee who was subpoenaed to testify regarding alleged workplace improprieties and truthfully testified had 1st amendment protection. The Court recognized that employees do… Read More »
Workers Compensation Hand Injury
Did you suffer a Pennsylvania Workers Compensation Hand Injury? The Following is a series of possible tests that a Doctor may use to determine the extent of your Pennsylvania Workers Compensation hand injury: HAND EXAMINATION Part 1 — Finkelstein’s Test Q: How is the test performed? A: The test is performed with the test… Read More »
Unemployment Benefits after Settlement of Case
Can I collect Unemployment Benefits after Settlement of my Pennsylvania Workers Compensation Case? Answer: YES When a Claimant is considering settling their workers compensation (WC) case, a common question that is raised is whether they will be able to collect unemployment benefits after settlement. There can be two obstacles to collecting unemployment benefits however…. Read More »
Billing Injured Worker under PA Workers Comp
Billing the Injured worker under PA Workers Comp Question: Can a doctor or pharmacy balance bill a patient under PA workers comp? Answer: No. Under the Pennsylvania Workers Compensation Act, there are specific amounts of monies that a medical provider must accept as payment in full for medical treatment. If a medical provider believes… Read More »
Social Media as Concerted Activity—Complaints about Employer
Social Media as Concerted Activity: If I post something about my employer on a social media site, can it get me fired? With the advent of the social media craze and the propensity of participants to share many of the details of their lives, more and more employees have faced discipline and discharge from… Read More »