Category Archives: Blog
Employer Violates Weingarten by Failing to Allow Active Assistance of a Union Representative
Pursuant to the U.S. Supreme Court case of Weingarten a Union employee called into a meeting with an employer that could reasonably lead to discipline, is entitled to Union representation upon request by the employee and the employer violates Weingarten by failing to allow active assistance of a union representative. In a recent National… Read More »
Employer Fined For Retaliation Against An Injured Worker
The Occupational Safety and Health Administration (OSHA) recently ordered an Employer fined for retaliation against an injured worker. OSHA ordered Metro-North Commuter Railroad Co. to pay $250,000 in punitive damages and $10,000 in compensatory damages as a result of their violation of the Federal Railroad Safety Act. See http://www.dol.gov/opa/media/press/osha/OSHA20142176.htm In this case, the employee… Read More »
Employee Use of Employer Email
Employee Use of Employer Email to Engage in Protected Concerted Activity The convenience of email has altered the way most people communicate, especially in the work place. Employee use of employer email to discuss working conditions can be very common in the workplace. But what rights do employees have to use employer equipment to… Read More »
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 »