Tag Archives: Harrisburg Workers Compensation
Employment Protections under the Pennsylvania Medical Marijuana Act
Much has been discussed regarding the employment protection provisions of Act 16 of 2016 (the Medical Marijuana Act), formerly Senate Bill 3. It has been widely noted that the Act contains language protecting the jobs of patients who are patients approved to use medical marijuana. However, the Act separately contains exceptions to the patient… Read More »
Do Pennsylvania Workers Have The Right to Know About Their Exposure to Hazardous Chemicals?
The Pennsylvania Worker and Right to Know Act (Act 159 of 1984) created a system for communicating information about hazardous materials used, produced or stored at work sites within the Commonwealth. The Department of Labor & Industry, through the Health & Safety Division, acts as the data collector between employers and the community. Under… Read More »
PENNSYLVANIA SUPREME COURT TO DECIDE IF INJURED WORKER WAS WITHIN THE COURSE AND SCOPE OF HIS EMPLOYMENT WHEN ATTEMPTING TO AID ANOTHER EMPLOYEE IN PENNSYLVANIA WORKERS’ COMPENSATION CASE
In order for an injured worker in Pennsylvania to be eligible for Pennsylvania Workers’ Compensation benefits, the injured worker must be within the course and scope of her employment. The Supreme Court of Pennsylvania has decided to hear an appeal from an employer to consider whether or not a worker injured when coming to… Read More »
Pennsylvania Supreme Court Accepts Appeal That Could Impact Impairment Rating Evaluations in Pennsylvania Workers Compensation Cases
We previously discussed in this Blog impairment rating evaluations (IRE) and how the Commonwealth Court in Protz v. Workers’ Compensation Appeal Board (Derry Area School District), No. C.D. 2014 (Pa. Cmwlth. 2015), changed the landscape of IREs by holding that only the 4th edition of the AMA Guidelines could be used when analyzing an… Read More »
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 »