Author Archives: Site Administrator
Weingarten Rights – Right to Union Representation
Weingarten Rights – Right to Union Representation If you are a member of a Union and your employer requests to have an investigatory meeting with you that could reasonably lead to discipline, you have what are called “Weingarten Rights.” In 1975 the United States Supreme Court found that J. Weingarten, Inc., which operated a chain… Read More »
Social Security Disability Benefits Termination
SSI and Social Security Disability Termination of Benefits: What to expect if your case is reviewed? From time to time, recipients of Social Security Disability or Supplemental Security Income benefits may find that the Social Security Administration will review their medical status to determine whether or not they remain disabled. Social Security disability termination… Read More »
Unemployment Comp or Workers Comp—What should you be collecting
PA Unemployment Comp or PA Workers Comp. What should you be collecting? When an employee is injured and considering whether to file for PA Unemployment Comp or PA Workers Comp, the following scenario plays out all too often: Employee: Hey boss, I’ve been running this jack hammer every day for the last three months… Read More »
Attorney Fees under Heart and Lung Act
PA Heart and Lung and PA Workers Comp: 20 percent attorney fee from Pennsylvania Workers’ Compensation Benefits paid for by the Employer Under the Pennsylvania Heart and Lung Act, Police, Fire and State correctional employees who are unable to perform their positions due to a work injury that occurs in the performance of duty… Read More »
Laid Off and Work Restricted—Reinstatement of Workers Compensation Benefits
Reinstatement of Pennsylvania Workers Compensation Benefits for a Laid Off Employee Under Restrictions When injured workers return to work with restrictions following a work injury, the injured worker may be entitled to a reinstatement of Workers Compensation benefits. Some employees return to work in a light duty program with a wage loss and others… Read More »
Hurt at Home—Is an Employee Eligible for PA Worker Comp
A common question asked by injured workers is am I eligible for PA workers comp if I was hurt at home? A relatively recent case has shed additional light an employee’s eligibility for PA Workers Compensation when the employee was hurt at home. In Verizon Pa. v. WCAB (Alston), 900 A.2d 440 (Pa. Cmwlth…. Read More »
Pennsylvania Work Injury off an Employer’s Property
What Happens When an Employee Suffers an Injury Off an Employer’s Property? As long as an employee is within the course and scope of his employment, that is, working to further the employer’s interests at the time of an injury (and the injury is related thereto), that work injury would be compensable under the… Read More »
Notice of Modification or Suspension
Notice of Modification or Suspension can be set aside even more than three years after the Employer filed under Pennsylvania Workers Compensation Law In a significant ruling, the Pennsylvania Commonwealth Court has held that a Notice of Suspension or Notice of Modification can be set aside. Generally, an Employee receiving Pennsylvania workers’ compensation benefits… Read More »
Can an Employer Force an Injured Worker to Have Surgery
Question: Can an Employer force an injured worker to have surgery or some other medical treatment? Answer: The Employer can never force you to obtain medical treatment but in limited circumstances the Employer can stop your wage loss benefits if you refuse reasonable medical treatment. The key question here is whether the treatment is reasonable,… Read More »
Disfigured or Scarred
Question: What does it mean to become “disfigured” or “scarred” under the Pennsylvania Worker’s Compensation Act? Answer: Under the Pennsylvania Workers’ Compensation Law, there is a specific section that covers “disfigurements” of the head, neck or face. In order to be covered under the Pennsylvania Workers Compensation Act, the disfigurement must be; 1. Serious… Read More »