When someone is injured on the job, his employer provides workers’ compensation benefits. But what if a third party was negligent? Can the worker also file suit against the third party?
Most people don’t understand that when you get hurt at work, you not only have the potential for a workers’ compensation claim, but also a third party negligence claim. You might wonder, what exactly is the difference between the two? A workers’ compensation claim is against your employer and is intended to recover partial wage… Continue Reading
Employees who are injured in the course and scope of their employment are only entitled to weekly wage loss benefits and medical benefits. To determine the correct amount of weekly wage loss benefits payable to given individuals, their average weekly wage must be calculated. When an injured worker does not have a fixed income or… Continue Reading
Many older patients, who are on Medicare or in a Medicare Advantage Plan, are shocked when they are hospitalized for less than 3 days only to find out that Medicare will not pay for nursing home coverage following this brief hospitalization. These patients, who are technically admitted for “observation” for less than 3 full days,… Continue Reading
23 Pa. C.S.A. § 4308.1 amended the Domestic Relations Code by permitting the Department of Welfare to intercept overdue child support from lump sum monetary awards or settlements paid by insurers and worker’s compensation. This law makes overdue child support a lien by operation of law against the net proceeds of any monetary award exceeding… Continue Reading
On Saturday June 7, 2014 I spoke at a quarterly meeting of the Teamsters, Graphic Communications Unions in Philadelphia, PA. Members present were from DC-9/Graphics Communications Union 14-M President, Kurt Freeman and Graphics Communications Union 16-N, President, Joe Inemer. I spoke about difference between third party cases and Workers Compensation claims. I spent time educating the union leaders regarding how to protect their members when injured in a work related accident and the recoveries that could be obtained both under their workers’ compensation claim and the third party claims. It is important for unions to understand the difference between third party claims because each allows a worker to recover differently for their losses. Third party claims are when someone other than the employer causes your accident, even though the accident may occur at work. Workers’ compensation claims are when you are injured at work but the injury is not the fault of anyone else (third party). Joe Inemer commented, “Your presentation was very informative. When it concluded, we continued to discuss what a great presentation it was.”
Employees who are injured in the course and scope of their employment are entitled to weekly wage loss benefits and medical benefits. To determine the correct amount of weekly wage loss benefits payable to given individuals, their average weekly wage must be calculated. When an injured worker does not have a fixed income or salary, the Pennsylvania Workers’ Compensation Act focuses on the amount of time the employee actually worked for the employer immediately preceding the work incident and the amount of wages earned during that period of time. Under these circumstances, where varied wages are involved, the act has delineated three different methods for calculating an individual’s average weekly wage.
The Compassionate Allowance program expedites disability decisions for persons with the most serious, and often fatal, conditions to ensure that these persons receive their disability decisions quickly, rather than the months or years it takes for most disability claims to be decided upon. The Compassionate Allowance program identifies claims where the applicant’s disease or condition clearly meets Social Security’s standard for disability.
In my previous posts, I discussed the sometime difficult issue of whether you are “in the course and scope of your employment” at the time an injury occurs. A recent case highlights the difficulty.
Under Workers’ Compensation, the employer is responsible for medical care and treatment that is reasonable and necessary as a result of the work injury. What happens when new symptoms arise sometime after the actual work incident? Are the new symptoms considered part of your work injury?