Author Archives: Ira Weinstock
HOW TO GIVE YOURSELF THE BEST CHANCE TO WIN YOUR PENNSYLVANIA COMPENSATION CASE
Many times your workers compensation case is won or lost before you even enter the courtroom. Here are some tips to maximize your chance for success: Immediately report the injury no matter how insignificant it may be. DO NOT assume that “everyone knows” that you were injured. Memories fade and co-workers often “forget” that… Read More »
Pennsylvania Workers Compensation and Retirement – Can I Collect Both?
A question that is often asked by Claimants who are receiving Pennsylvania Worker’s Compensation Benefits is can I continue to collect my full worker’s compensation check and retire. The answer, as in most cases in the law, is it depends. Wage-loss benefits are to provide an injured worker income during their time of disability. … Read More »
Increased Pennsylvania Workers’ Compensation benefits are due when working for multiple Employers at the time of Pennsylvania Workers Compensation injury
If an injured worker has two jobs when the injured worker suffers a work-related injury, will both jobs be considered in determining the injured workers’ Pennsylvania workers compensation rate? Answer: Yes. Under the Pennsylvania Workers Compensation Act, your employer is obligated to consider all of wages at the time of your injury. If you… Read More »
Pennsylvania Workers Compensation Hearing Loss
Work related hearing loss can occur to individuals who work in fields outside the quiet 9 to 5 office. Employees in construction, trucking industry, manufacturing, and/or air traffic control, for example, come in contact with loud machines and equipment daily. Employees who have suffered hearing loss due to their place of employment, can file… Read More »
Workers Compensation, Personal Injury, Social Security Disability and How to Protect Your Future
When employees are hurt on the job and are unable to work, their thoughts naturally turn to concerns about how they are going to pay their bills and support their families in the short term. In more serious cases, injured workers may also have to take into consideration how they will provide for themselves… Read More »
Working while on Social Security Disability
Applicants for and recipients of Social Security Disability benefits have many questions regarding the process, but one of the most common questions is whether working while on social security disability will make me ineligible for benefits. The short answer is not necessarily, however, there are some pitfalls you will need to be aware of…. Read More »
NLRB Finds Displaying Signs in Personal Vehicles is Not Picketing
In the matter of Verizon New England, Inc. and International Brotherhood of Electrical Workers, Local 2324 the National Labor Relations Board (NLRB) considered whether employees were in violation of the “No Strike” clause of their collective bargaining agreement by displaying signs in their personal vehicles. See, http://www.nlrb.gov/cases-decisions/weekly-summaries-decisions/summary-nlrb-decisions-week-march-9-13-2015 . In its holding the NLRB finds… Read More »
FMLA and Same Sex Marriage
The United States Supreme Court decision in United States v. Windsor, see https://www.law.cornell.edu/supremecourt/text/12-307 found the Defense of the Marriage Act (DOMA) and its ban on same sex marriages to be unconstitutional. That finding has had a wide impact on variety of other federal laws and regulations, including the Family and Medical Leave Act. In… Read More »
TITLE VII OF THE CIVIL RIGHTS ACT AND RELIGIOUS DISCRIMINATION
Title VII of the Civil Rights Act of 1964 prohibited discrimination on the basis of race, color, religion, sex and national origin. The law was later amended to include protection on the basis of pregnancy, age and disability. The Equal Employment Opportunity Commission (EEOC) is the federal agency that oversees the enforcement and investigation… Read More »
Immigration Status and Eligibility for Workers Compensation
In the recent case of, David Cruz v. WCAB (Kennett Square Specialties and PMA Management Corporation), http://www.pacourts.us/assets/opinions/Supreme/out/j-61-2014oajc%20-%201018813392430456.pdf the Pennsylvania Supreme Court looked at the tricky issue of immigration status and eligibility for workers compensation. In Cruz, Pennsylvania Supreme Court considered the issue of who carried the burden of proof in establishing that a workers… Read More »