Stress can result in a workers’ compensation claim

Do you find yourself stressed at work? If so, you are in the same position as millions of other Americans. It may not be typical, but there are times…

Do you find yourself stressed at work? If so, you are in the same position as millions of other Americans. It may not be typical, but there are times when stress can result in a workers’ compensation claim. This doesn’t mean you can make a claim just because you are stressed. Instead, you need to answer a few questions before deciding what to do next:

— Has the stress led to a permanent impairment?

— Did you experience stress in excess of what is normally expected for your position?

— Are you able to prove that the cause of the stress was directly related to your job?

There are many types of workplace injuries that are considered common. For example, a broken bone related to a warehouse accident is something that companies and workers’ compensation providers may expect.

On the flipside, the same cannot be said of stress related claims. These are psychological in nature, making them difficult to prove. But even with the higher standard of proof, it is possible to file this type of claim.

If stress causes extreme anxiety, maybe even resulting in an emotional breakdown, the employee may have the right to file a workers’ compensation claim.

There is nothing simple about a workers’ compensation claim associated with stress. Even though this can be a challenge to prove, it is something that many before you have done so successfully. If your stress is above and beyond what most would consider normal, you may need to file a claim as you are unable to perform your job duties with your current condition.

Source: American Bar Association, “Stressed at Work? You Might Have a Workers Compensation Claim,” accessed March 29, 2016

Workers’ compensation and employer duties

If you are injured on the job, you understand the importance of getting immediate medical attention. This is not a time to think about filing a workers’ compensation claim….

If you are injured on the job, you understand the importance of getting immediate medical attention. This is not a time to think about filing a workers’ compensation claim. Instead, you need to do whatever it takes to stabilize your injury.

When the time comes to file a workers’ compensation claim, it is a good idea to learn as much as possible about your rights as well as your employer’s duties.

Here are some of the duties your employer must live up to:

— Provide immediate medical treatment if a person is injured on the job.

— Complete a report detailing the injury. It must then be mailed to a local workers’ compensation office

— Create a written report of the accident if it caused any injury.

— Comply with all requests for additional information from the insurance company and/or workers’ compensation board. This can include but is not limited to statements of earnings, information on when and where the accident occurred, and reports of when the employee is expected to return to work.

You cannot force your employer to live up to these duties. Instead, you must simply hope that they know what is expected of them and are willing to follow the law down to every last detail.

Being injured on the job can throw your life into a downward spiral. Not only does this mean you will require medical treatment, but it could stop you from being able to work. If this happens, you need to realize the importance of filing a workers’ compensation claim to receive the benefits due to you in Pennsylvania.

Source: FindLaw, “Workers’ Comp: Employers’ Responsibilities,” accessed Feb. 02, 2016

Federal safety agency investigating amputation accident

A man from northeastern Pennsylvania was seriously injured at a Walmart Distribution Center last month. The industrial accident occurred on Dec. 30 last year at the distribution center in…

A man from northeastern Pennsylvania was seriously injured at a Walmart Distribution Center last month. The industrial accident occurred on Dec. 30 last year at the distribution center in Tobyhanna, Pennsylvania. Now, investigators with the Occupational Safety and Health Administration are looking for answers.

According to the operations director at the Pocono Mountain Regional Ambulance, the victim, who has not been identified, is still hospitalized. His arm was transported on ice to the Geisinger-Community Medical Center in Scranton, Pennsylvania.

An individual with the Wilkes-Barre Area Office of OSHA confirmed that the incident is under investigation. OSHA is responsible for setting and enforcing safety regulations in the workplace. It has jurisdiction over employees in the private sector, like Walmart, but not over those who work for the government, who are self-employed or who work on family farms.

The investigation will include photographs of the work site area, witness interviews and a search for issues that can be addressed so future incidents can be prevented.

Employers have a responsibility to their employees to provide a safe workplace. This can include everything from keeping the floors free from water to providing personal protection equipment to employees. While OSHA does not investigate every accident, it does investigate those that result in serious injury or death. Employers can be fined if it is determined that the regulations were not being implemented or followed.

If you or a loved one are injured in a workplace accident, you have a right to seek workers’ compensation benefits. If your claim is denied, an experienced workers’ compensation attorney can help you appeal that decision.

Source: Philly Voice, “OSHA investigates after Pa. man loses arm at Walmart Distribution Center,” Michael Tanenbaum, Jan. 06, 2016

Things that can complicate your workers’ compensation claim

If you find yourself in position to make a workers’ compensation claim, you have been injured on the job. This is a serious situation as it means you may…

If you find yourself in position to make a workers’ compensation claim, you have been injured on the job. This is a serious situation as it means you may not be able to return to work in the future. For this reason, your financial situation could take a hit.

You don’t want to do anything that will complicate your workers’ compensation claim. Instead, you should do whatever it takes to stay the course. This will allow you to receive benefits without delay.

One of the biggest mistakes you can make is failing to report your work injury or illness as soon as it happens. If you neglect to do this, the workers’ compensation carrier may argue that the injury or illness happened outside of work.

Here is something else to think about: You should never listen to what your employer has to say. Your company does not want their workers’ compensation insurance rates to increase. For this reason, they may try to talk you out of making a claim.

When it comes to your injury, you need to seek timely medical treatment. Not only does this improve your chance of an approved claim, but it will also benefit you from a medical perspective.

Our attorneys know what it takes to file a successful workers’ compensation claim. We are here to make sure nothing stops you from receiving the benefits you deserve. If you want to learn more or need professional guidance, contact us at your earliest convenience. You can also read through our website and blog to improve your knowledge of workers’ compensation law.

Why are workers’ compensation benefits denied?

If it comes time to make a workers’ compensation claim, you hope that the process will be fast and efficient from start to finish. After all, you don’t want…

If it comes time to make a workers’ compensation claim, you hope that the process will be fast and efficient from start to finish. After all, you don’t want to wait around to receive the money you deserve.

Unfortunately, there are times when a workers’ compensation claim is denied. In short, this means you are not receiving the money you need to make ends meet while you are out of work.

There are a variety of reasons for a denied workers’ compensation claim, including the following:

— If the employer can prove that the injury occurred away from work.

— If the injured party does not notify the employer of the injury in a timely manner.

— If the injured party does not receive immediate medical treatment.

— Lack of documentation in regards to showing that the injury is work related.

— Pre-existing condition.

— If the injury occurred while the person was under the influence of drugs or alcohol.

— If the injury occurred while the person was rough housing.

With all these points in mind, it is important to remember one thing: You are in charge of ensuring that you receive workers’ compensation benefits. Your employer may not want to pay, so you need to do whatever it takes to stop this from happening.

It is your responsibility to report your injury, receive medical advice, and file a workers’ compensation claim on time.

When you take all the right steps, you can do your part in ensuring that your claim is paid without any delay. This will make it much easier to recover.

Source: Workers Comp Resource Center, “10 Reasons Why Workers Comp Benefits are Denied,” accessed Dec. 15, 2015

Mistakes that impact your workers’ compensation claim

If you were injured on the job (or became ill) and need to make a workers’ compensation claim, it is imperative to understand how the system works in your…

If you were injured on the job (or became ill) and need to make a workers’ compensation claim, it is imperative to understand how the system works in your state. This can go a long way in helping you avoid mistakes.

Here are several mistakes that can have a negative impact on your claim:

— Failing to report your injury immediately. The longer you wait the better chance there is that your company will claim the injury happened outside of work.

— Taking advice from your employer. You may think they are trying to help, but in all actuality your employer could be looking for the easy way out. They don’t want to pay your claim, as this will cost them money.

— Neglecting to tell your medical provider exactly what happened. In addition to the finer details of the injury, including how it occurred, you should tell your medical team that it happened at work.

— Trusting the workers’ compensation company. Just the same as your employer, the insurance company may not have your best interest in mind. Their job is simple: to limit the payout of claims.

These are the types of mistakes that can impact your workers’ compensation claim. Our attorneys know the ins and outs of the system, including how to avoid every mistake that could hold you back from obtaining compensation.

If you want to learn more about workers’ compensation claims, including mistakes to avoid, visit our webpage entitled “Ask For Our Free Book About Seven Mistakes That Can Wreck Your Workers’ Compensation Case.”

Disease victims don’t always receive workers’ compensation

In many industries, employees are exposed to substances that can cause bodily harm. If a person is injured or becomes ill on the job, he or she has the…

In many industries, employees are exposed to substances that can cause bodily harm. If a person is injured or becomes ill on the job, he or she has the right to collect workers’ compensation benefits.

Despite the fact that the workers’ compensation system is in place for this reason, there is often a challenge standing in the way: The employer does not always want to cooperate.

In a piece published by Truthout, a woman tells the story of how it has been eight years since she filed a wokers’ compensation claim on behalf of her husband. After four and a half years of fighting, a judge finally stepped in and agreed that the man became ill as the result of chemical exposure.

The judge made this decision in 2012, and the man passed away in 2014. Even so, his wife continues to fight in an attempt to be compensated for lost wages and medical bills.

Unfortunately, this sort of trouble is all too common. It is difficult enough to receive workers’ compensation benefits when a person can prove a physical injury, such as an amputation, but things are even more challenging when a chemically induced illness is the cause.

Proving workplace chemical exposure can be a challenge, which is something employers are well aware of. By using this to their advantage, companies are often in position to avoid paying a workers’ compensation claim.

If a person becomes ill on the job as the result of chemical exposure, it is imperative to collect as much evidence as possible. This will come in handy when making a workers’ compensation claim in an attempt to receive compensation.

Source: Truthout, “Disease Victims Often Shut Out of Workers’ Comp System,” Jamie Smith Hopkins, The Center for Public Integrity, Nov. 13, 2015

What are the workers’ compensation benefits in Pennsylvania?

If you are injured on the job in Pennsylvania, you don’t want to sit around and wait to learn more about workers’ compensation. Instead, it is important to understand…

If you are injured on the job in Pennsylvania, you don’t want to sit around and wait to learn more about workers’ compensation. Instead, it is important to understand what is available to you, how to file for benefits, and what is expected of you during the recovery process.

One of the most important things you can do is learn more about the many types of workers’ compensation benefits provided by the state program. These include:

— Payments for lost wages. This is available if you are partially disabled and earning less than your pre-injury earnings or fully disabled and not in position to work.

— Death benefits. If the injury leads to death, surviving dependents of the person may be able to receive this type of workers’ compensation benefit.

— Specific loss benefits. This comes into play if you lose permanent use of a sense or body part.

— Medical care. If you are injured or become ill on the job, you may be entitled under the law to receive benefits for related medical and surgical procedures.

No two workers’ compensation claims are the same. This is why any injured party needs to learn more about the benefits system, as well as their rights.

Final note: Don’t delay in reporting your injury or illness to your company, as this can make it more difficult to receive some or all of the benefits detailed above.

The Pennsylvania workers’ compensation system is in place to provide a variety of benefits. Knowing which ones you qualify for is extremely important to your future.

Source: Pennsylvania Department of Labor and Industry, “Workers’ Compensation & the Injured Worker,” accessed Oct. 27, 2015

What if my workers’ compensation claim is denied?

If you suffered an injury on the job, it is likely that you have considered filing for workers’ compensation. You may have read about the process involved in notifying your…

If you suffered an injury on the job, it is likely that you have considered filing for workers’ compensation. You may have read about the process involved in notifying your employer of your injury, filing a claim and obtaining benefits for medical expenses and lost wages. While many people go through the process of seeking worker’s compensation, not everyone gets the decision they want to hear.

Learning that your claim was denied can be devastating. You and your family may have been depending on the compensation to stay afloat while you cannot work and have medical expenses to pay. Fortunately, you have the right to appeal the decision.

Once you learn that your claim was denied, you have 20 days to file an appeal. Your appeal will be filed with the Workers’ Compensation Appeal Board. If your claim is denied again, you have the option to appeal a second time to the Commonwealth Court and a third time to the Pennsylvania Supreme Court.

Although you are not required to have an attorney to appeal your claim, many people choose to do so. Having an experienced lawyer on your side can help ensure you understand your rights and present a strong case at each step of the appeals process. For those who are new to the system, the appeals process can be very confusing. Your lawyer will understand the system and help guide you through it.

If you have been worried about what could happen if your workers’ compensation claim is denied, we hope knowing that you have the option to appeal is helpful. To learn more about how we can help with your workers’ compensation matters, please visit our Workers’ Compensation page.

How an attorney can facilitate your workers’ compensation claim

Injured workers located in the Monroe County area turn to an attorney for help with a workers’ comp claim. Many reasons exist for choosing such an approach, each one…

Injured workers located in the Monroe County area turn to an attorney for help with a workers’ comp claim. Many reasons exist for choosing such an approach, each one unique to the injured person. Those dealing with workers’ compensation for the first time often do not know if they need an attorney when moving forward with a claim. This blog post can answer some questions injured Pennsylvania workers might have about workers’ comp while explaining how an attorney can help.

In an ideal situation, filing a claim is simple. Many employers keep incident reports and workers’ compensation claim forms on hand for employees and some employers even help claimants complete the required paperwork. However, not all situations are ideal, meaning employees might face hardships while attempting to make a claim.

Here are a few reasons an injured worker might seek help from an attorney:

— Fear of claim denial– Severity of injury– Fear of being fired– Concerns over potential employer retaliation— Demotion or reduced pay after injury– Feeling threatened in some way– Difficulty working with workers’ compensation insurance carrier

When injured as a Pennsylvania worker, you have a right to receive benefits through workers’ comp. Neither your employer nor an insurance carrier can legally deny you these benefits. This is where an attorney can offer the most assistance. Working inside of the legal system, an attorney can review your claim and take over all interactions with the insurance provider. The final goal? Nothing less than making sure you receive all of the medical benefits and income loss funds you are due.

We invite you to take a closer look at our workers’ compensation web page to decide if you need assistance from a Pennsylvania-based attorney.