Category Archives: Workers’ Compensation

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Workers’ Compensation / Commuting

Posted in Workers' Compensation

If you are injured while commuting to or from work, you generally cannot make a Workers’ Compensation claim. Commuting to and from work is not considered in the course of employment (“coming and going rule”). The following are exceptions to this general rule:

The Workers’ Compensation Act

Posted in Workers' Compensation

The Workers’ Compensation Act provides that an employee’s workers’ compensation claim may be resolved, in whole or in part, through a Compromise and Release of your workers’ compensation benefits. “Compromise and Release” is the name given to the settlement documents when you settle your claim. The settlement is referred to as a “C&R”.

Workers’ Compensation / Travelling Employees

Posted in Workers' Compensation

The issue of whether a travelling employee’s activity is in furtherance of the employer’s business and affairs, and therefore in the scope of employment, is difficult to determine. If a travelling employee is injured after setting out on the business of the employer, it is presumed that the employee is in the course and scope of employment when the injury occurs. However, this is not without limits. The courts have to look at the employee’s activity and the circumstances surrounding the injury event. They must look to see if the employee is engaged in an activity that was reasonable and incidental to the employment duties at the time. If the court cannot find that the activity is reasonable and incidental to his/her job, then any claim will be denied.

Worker’s Compensation Penalties: What Are They?

Posted in Workers' Compensation

Under Pennsylvania Workers’ Compensation Law, employers and insurers can be subject to monetary penalties. The Law provides that the Court has the power to impose penalties for a violation of any provision of the Workers’ Compensation Act, Rules and Regulations. Employers and insurers may be penalized up to ten percent (10%) of an amount awarded, plus interest. This penalty may be increased to fifty percent (50%) in cases of unreasonable or excessive delays.

Workers Compensation for the Loss of a Body Part (“Specific Loss”)

Posted in Workers' Compensation

The Pennsylvania Workers’ Compensation Act provides that certain injuries are eligible for specific loss awards. A specific loss in Workers’ Compensation is when you lose use of a specific body part. In that case, the Workers’ Compensation Act has predetermined a set amount of weeks that you are permitted to receive payment, based on the body part you lost.

What Do I Do If I am Hurt at Work?

Posted in Workers' Compensation

REPORT the accident to your employer, even if you think you are not seriously hurt. By reporting the accident you protect yourself against the employer who might claim that you were injured away from the workplace. If possible, report the accident in writing or in the presence of a reliable witness.