Pennsylvania Law Monitor : Pennsylvania Lawyer & Attorney : Stark & Stark Law Firm : Yardley, Philadelphia, New York, New Jersey

The leading cause of injury and death in residential construction is falls from elevations on the work site. The Occupational Safety and Health Administration (OSHA) has made changes to its regulations in an attempt to reduce this leading cause of injury while making it possible for builders to be compliant.

In 1994, OSHA enacted fall protection for the construction industry as a whole under Subpart M 29 CFR 1926.501(b)(13). This section required the use of fall protection in the form of guard rails, safety nets, and personal fall arrest systems for work involving elevations of six feet or more above lower levels. An exception however, existed in this requirement that permitted builders to utilize a site specific fall protection plan only if they could show that the fall protection was “infeasible”. 

Not surprisingly builders and organizations opposed this 1994 regulation as over burdensome.  After much debate, effective June 16, 2011 a new OSHA policy with regard to residential construction mandates that employers must comply with Section 29 CFR 1926.501(b)(13).  As a result, workers engaged in residential construction working six feet or more above lower levels must be protected by conventional fall protection such as personal fall arrest systems, safety nets, guard rails and other approved methods set forth in the OSHA standards.

Due to the implementation of this standard, general contractors and builders are well advised to ensure that they enforce all fall protection measures for workers on the job site.  Failure to do so will result in enforcement penalties and fines. 

If you, or someone you know, has been injured due to a fall on the job, please contact me to set up a free consultation to review your case here in my firm's Newtown, Pennsylvania office.

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Often times I find that clients are unnecessarily apprehensive or nervous about their depositions. I like to tell clients that the first step in overcoming this apprehension is to develop a clear understanding of what a deposition actually is. A deposition represents opposing counsel’s first, and many times only, opportunity to ask you questions about your case. As a general rule, the questioning attorney is not out to trick you or bait you into saying something that will damage your case. They are simply attempting to gather as much information as possible so that they can accurately evaluate your claim. Here are 10 quick tips that I like to give my client’s prior to their depositions.

1. Take Your Time - Wait 5 seconds before answering each question; control the pace.
2. Always Remember You Are Making a Record - If you realize you made a mistake, don’t be afraid to correct it at any point during the deposition.
3. Tell the Truth - You have nothing to hide from; clients who lie because they think it will help their case generally end up doing exactly the opposite.
4. Be Relentlessly Polite - Thinking, saying or implying negative things will only make things worse.
5. Don’t Answer a Question You Don’t Understand - Just say “Would you please rephrase the question.” Don’t answer until question is phrased in a way that you understand.
6. “I Don’t Remember” and “I Don’t Know” Are Acceptable Answers. Don’t be embarrassed to use them.
7. Do Not Guess - If you are estimating, be clear about the fact that you are doing so. Don’t use inferences- testify only about what you precisely saw, heard, or did.
8. Do Not Volunteer Information - Keep answers as short, simple, and narrow as possible, and then stop.
9. Be Careful with Documents and Prior Statements - If the questioning attorney is asking you about a document, ask to see it and read it carefully before answering.
10. Use Your Attorney if Necessary - Don’t think that it will look bad if you request a break to speak to your attorney.  

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I recently represented a Levittown, Pennsylvania woman obtain a significant settlement for her personal injury case after she slipped and fell at her apartment complex because of snow and ice that was in the main street. On behalf of my client, we sued the apartment complex, Newport Village Apartments, and the snow removal company, Lancon, Inc.

Proving fault is a difficutl task in a slip and fall case, however, for the injuried party, compensation is most often necessary in order to pay for medical treatment associated with the accident. If you or someone you know has been injured in a slip & fall and would like to discuss your options for recourse, please contact me in my firm's Newtown, Pennsylvania office.
 

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Even if he or she has never worked under Social Security, your spouse can begin collecting retirement benefits as early as age 62. However, if the benefit begins before his or her full retirement age, the amount will be permanently reduced by a percentage based on the number of months up to his or her full retirement age. In addition, your spouse can qualify on your record for Medicare at age 65, regardless of whether he or she has worked.

Your spouse can also receive a benefit equal to one-half of your full retirement amount if they start receiving benefits at their full retirement age. Benefits paid to your spouse will not decrease your retirement benefit. In fact, the value of the benefits he or she may receive, added to your own, may help you decide if taking your benefits sooner may be more advantageous.

If your spouse has not worked and you are both full retirement age, you can both apply for retirement benefits and then request to have your own payments suspended. That way, your spouse can receive a spouse's benefit and you can continue to earn delayed retirement credits until age 70. However, your delayed credits cannot be passed on to your spouse.

If your spouse has reached full retirement age and is eligible for a spouse's benefit and his or her own retirement benefit, he or she has a choice. Your spouse can choose to receive only the spouse's benefit now and delay receiving retirement benefits until a later date. If retirement benefits are delayed, a higher benefit may be received at a later date based on the effect of delayed retirement credits.

If your spouse is eligible for retirement benefits on his or her own record Social Security will pay that amount first. But if the benefit on your record is a higher amount, he or she will get a combination of benefits that equals that higher amount (reduced for age).

If your spouse continues to work while receiving benefits, the same earnings limits apply to him or her as apply to you. If your spouse is eligible for benefits this year and is also working, you can use Social Security’s earnings test calculator, found on their website, to see how those earnings would affect his or her benefit payments. Your spouse's earnings affect only his or her own benefits; they do not affect your benefits or those of any other beneficiaries on your record.

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As a follow up to a previous post, below are a few additional questions which are usually asked during a deposition:

Other Medical Conditions
You will be asked questions about other current medical condition(s) or treatment(s) you are receiving which are not related to the accident.  Although these questions are likely not relevant to your claim, the Defendant’s attorney has the right to inquire about these during the deposition.
   
Prior Medical Conditions/Injuries
If you had any prior medical condition or injury to a part of your body injured in your current claim, the Defendant’s attorney will ask you questions about this.  Questions will include when you had these conditions/injuries/who you treated with for the condition/injury and when.
   
Prior Accidents
Whether you were involved in a prior or subsequent accident, such as a car accident, sports accident, slip and fall accident, work incident, the Defendant’s attorney may ask about such happenings.
   
The Pain You Experience       
You are entitled to be compensation for the pain you experience as a result of the accident.  It is important that you are able to describe the pain you experience; the  level of pain you experience; the duration and extent of your pain, the frequency and intensity of your pain.  Only you can explain the pain you are experiencing and have experienced.  If you are having trouble describing your pain, think if any of the following help describe what you feel: sharp, aching, sore, throbbing, pounding, stabbing, radiating, tight, tearing, pulling, wrenching, tingling, intense, unbearable, agonizing, dreadful.
   
The pain you experience may also be different at times of the day or based upon your activity level.  Describing how your pain can change based on your activity level is important in understanding what you are dealing with.
   
Often the Defendant’s attorney may ask you to describe your pain using a 0-10 scale.  One being little or no pain and ten being the most excruciating pain imaginable.  If you are comfortable using numbers instead of words, this is acceptable.

How The Injury(ies) Effect Your Life: You are also entitled to compensation for the loss of enjoyment of life’s pleasures caused by your injury(ies).  Questions asked usually focus on things you cannot do now or must do differently now because of your injury(ies).  In describing effects on your life, you may want to consider the following: work activities; recreational activities or hobbies; social activities; normal daily living activities; household activities; family activities.
   
Remember: don't be nervous about the deposition.  Be yourself!  Tell your story!  You have experienced the impacts of the accident.  You will do fine!!!

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We have stressed on more than one occasion the importance of making sure that you have full tort auto insurance instead of limited tort. If you are injured in a car accident in Pennsylvania, having full tort means that you may recover for your pain and suffering. If you only have limited tort, you generally cannot get a recovery from the other driver, regardless of who is at fault for the accident.

So, if you are in a car accident in Pennsylvania and you have limited tort, does that mean that you can never recover for your pain and suffering? The answer is…it depends. There are some limited tort exceptions which may apply and would allow you to recover for your pain and suffering. A person is not bound by the limited tort option when any of these four exceptions apply:

• The other driver caused the accident and was convicted of a DUI;
• The other driver caused the accident and their vehicle was registered in any state othe than Pennsylvania;
• You were a passenger in a commercial vehicle;
• You suffered a “serious injury,” which requires either a “serious impairment to a significant bodily function” or a “permanent serious disfigurement.” This “serious injury” exception is difficult to meet, and requires careful analysis of your injuries.

Obviously, these limited tort exceptions do not apply in every situation, so the best course of action is for you to protect yourself and your family by electing full tort auto insurance. However, if you do have limited tort and you are in an auto accident in Pennsylvania, you should consult with an experienced attorney who can explain your rights and options. Feel free to call me here in my firm’s Yardley, Pennsylvania office to review your case and determine if a limited tort exception applies which would allow you to recover for your pain and suffering.

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