Tag Archives: Harrisburg Workers Compensation
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 »
Am I Eligible for Unemployment Benefits If I am Sick or Injured?
When employees are sick or injured and are required to take a leave of absence from their job, but are not terminated from the their job, the Unemployment Compensation (UC) service center will usually determine the Employee’s eligibility for UC benefits under Section 402(b) and Section 401(d)(1). Those sections of the UC law deal with… Read More »
PENNSYLVANIA UNEMPLOYMENT COMPENSATION: DO I NEED A LAWYER TO ATTEND THE HEARING?
When an employee is terminated or suspended from his or her employment, the employee has the right to file for benefits under the Pennsylvania Unemployment Compensation (UC) Act. The employee files an initial application for benefits and fills out a separation from employment questionnaire. The employer is then notified by the Unemployment Service Center… Read More »
IS YOUR DOCTOR’S TESTIMONY IN A PENNSYLVANIA WORKER’S COMPENSATION SUFFICIENT?
In the recent unreported Commonwealth Court case of Waste Management v. WCAB (Fessler), the Court found that a person who was injured at work via an infection from rat feces and urine was entitled to benefits. In Fessler, the injured worker worked on a garbage truck and noticed a rat and rat feces in… Read More »
What Information Do You Need to Provide to Your Doctor When You’re Injured At Work
When an injured worker files a Pennsylvania workers compensation claim, the injured worker has the burden of presenting unequivocal medical evidence to establish that an injury occurred that it is causally connected to the injured worker’s employment when the injury is not “obvious.” In most cases, the Employer will have their own doctor who… Read More »
NOTICE OF A PENNSYLVANIA WORK INJURY AND THE DISCOVERY RULE
In a recent unreported Commonwealth Court Case, Waste Management v. WCAB (Fessler), the Pennsylvania Commonwealth Court provided an analysis as to whether or not notice was adequately provided for a Pennsylvania work injury. Under Section 311 of the Pennsylvania Workers’ Compensation Act, an employee is required to provide notice to his employer within 120… Read More »
Pennsylvania Supreme Court rules on Course and Scope of Employment in Pennsylvania Workers’ Compensation
In O’Rourke vs. WCAB (Gartland) (10/27/2015), the Pennsylvania Supreme Court published an opinion addressing the “course and scope” of employment prong of a Pennsylvania Workers’ Compensation Case. The case presents an absolutely horrible set of facts. In this case, a mother was paid an hourly wage by a state-funded program called “Accessibilities” under the… Read More »
ARE INJURED WORKERS ALLOWED TO TAKE VACATION WHILE RECEIVING WORKERS’ COMPENSATION BENEFITS?
Answer: Absolutely!! This is the time of the year that many people plan vacations for the holidays to spend time with their families. We receive numerous calls every year inquiring: If I am on Pennsylvania Workers’ Compensation can I go on vacation? There is no reason why an injured worker cannot go on vacation…. Read More »