Author Archives: Ira Weinstock
Determining Whether an Employment Relationship Exists: Is a Worker an Employee or Independent Contractor?
In a previous article, we discussed the growing trend of employers misclassifying employees as “independent contractors” to avoid paying overtime and benefits such as Pennsylvania Workers’ Compensation or Unemployment Compensation. Here, we will look at some of the factors the U.S. Department of Labor has used to determine whether a worker is an employee… Read More »
“Independent Contractors” and Employee Misclassification
The U.S. Department of Labor has found that the misclassification of employees as independent contractors is an alarming trend, particularly in industries that often employ low-wage, vulnerable workers and in which the Wage and Hour Division has historically found significant wage violations. The practice is a serious threat both to employees entitled to good… Read More »
Payment of Wage Loss Benefits and Acceptance of Your Claim
In a previous article we discussed how an employer can “rent” a claim by temporarily paying medical benefits to the injured worker. The payment of those medical benefits does not mean that the Employer is accepting your injury as compensable under the Pennsylvania Workers’ Compensation law. Wage loss benefits are treated differently. If an… Read More »
“Renting” a Workers’ Compensation Claim and Payment of Medical Bills
After given timely notice of a work-related injury, a supervisor must then notify its workers’ compensation insurance company of the claim. The adjuster assigned to the case is required by the Workers’ Compensation Act to conduct an investigation and within 21 days either formally accept responsibility for paying wage loss and/or medical benefits (via… Read More »
Pennsylvania Releases 2016 Workers’ Compensation Rates
Under the Pennsylvania Workers Compensation Act, injured workers are entitled to indemnity (wage-loss) benefits equal to two-thirds of their weekly wage for a work-related injury. However, there are minimum and maximum adjustments provided in the Act, and the benefit rate is set using the annual maximum in place at the time of injury. The… Read More »
Reporting a Work Related Injury and Employee Discipline
The vast majority of the clients who walk through our door are good, hard working people who just want to do their job. They are not interested in lawsuits or fighting with their employer. Many of them who are hurt on the job don’t report it right away and think they can just “work… Read More »
Criminal Record Expungement and Finding a Job
Finding a job in a fractured and uncertain economy can be hard enough, however, if you have a criminal record your chances at employment are at an even greater disadvantage. Pennsylvania has an expungement law, however, to be eligible generally a petitioner would need to establish: 1) They are seventy years old and have been… Read More »
Are Pennsylvania Workers Compensation benefits taxable at the State or Federal Level?
QUESTION: Are Pennsylvania Workers Compensation benefits taxable at the State or Federal Level? ANSWER: This is the time of year that tax forms are sent by Employers. Many clients call our office and inquire about when to expect tax forms from their Pennsylvania Workers’ Compensation Carriers. Pennsylvania Workers Compensation wage loss benefits are not… Read More »
Have I Been Wrongfully Discharged?
We often receive calls from employees who have been “wrongfully terminated” from their jobs. Many of these unfortunate people have performed their jobs for many years without incident and then out of the blue they are let go. Others have been employed for short periods, have had no prior warnings or discipline and they… Read More »
PENNSYLVANIA WORKERS’ COMPENSATION ACT: REPORTING YOUR INJURY
Pursuant to Section 311 of the Workers’ Compensation Act, you must report your work injury to your employer within 120 days of that injury. There has been much confusion and litigation over what constitutes notice of the injury. Before the Pennsylvania Supreme Court in Gentex Corporation v. WCAB (Morack), 23 A.3d 528 (Pa. 2011),… Read More »