Author Archives: Ira Weinstock
Pennsylvania Workers Compensation: What Benefits Can you Collect:
Pursuant to the Pennsylvania Workers Compensation Act, an injured worker may recover only five types of benefits: loss of earnings due to the injury specific loss (ie. loss of a finger, arm, leg, hearing, ettc.) death benefits as a result of a work injury illegally employed minor’s benefits reasonable and necessary medical benefits The… Read More »
2015 Maximum Pennsylvania Workers Compensation Rate
The Pennsylvania Department of Labor and Industry determines on a year to year basis the maximum workers compensation rate for injured workers in Pennsylvania. The Department of Labor and Industry has announced that the 2015 Maximum Workers Compensation Rate in Pennsylvania is $951/week for all work injuries suffered after January 1, 2015. An Employee can determine… Read More »
Rotator Cuff Tears—Work Related Injuries
One of the most common work related injuries are rotator cuff tears. A rotator cuff tear occurs either by degeneration or by trauma to the tendons of the four different muscles of the shoulder comprising what’s commonly referred to as the rotator cuff. The muscles start in the scapula and attach to the head… Read More »
Social Media Impact on Personal Injury Case
Social media is a veritable treasure trove of information in Pennsylvania personal injury and workers compensation cases. Sometimes that information benefits the Claimant or Plaintiff, but more often than not, it works against the Plaintiff. Case in point, a Florida man received an $80,000.00 confidential settlement payment for his age discrimination claim against his… Read More »
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 »