In 2018, we witnessed multiple federal and state-level legal decisions that had a serious impact on both workers compensation and workplace safety in the United States. Here's a brief look at several rulings from the past year that may impact you when filing a workers' compensation case.
Employees receiving workers' compensation benefits for serious on-the-job injuries could potentially have to undergo follow-up medical examinations due to a bill signed by Gov. Tom Wolf - House Bill 1840 - which will aim to "correct" parts of the Pennsylvania Workers' Compensation Act that were ruled unconstitutional in June 2017.
It turns out that Pennsylvania businesses have been unwarrantedly paying higher rates for workers' compensation insurance due to a reason beyond their control - a data error from an undisclosed insurer.
We've been following the repercussions of the Pennsylvania Supreme Court's decision in the case of Protz v. Workers Compensation Appeals Board since June 2017. The decision struck down the section of Pennsylvania's workers' compensation law that allowed employers to reduce or cut off benefits following an impairment rating evaluation (IRE) as unconstitutional. Following the Protz decision, it was unclear exactly how cases already in progress would continue, and even more unclear what the change meant for those who had already lost their benefits.
There are countless potential hazards on a construction site, but this is why workers require so much safety equipment and such extensive training. Employers are obliged to do all they can to protect their employees from harm and to remove risks where possible. Unfortunately, all too many things slip through the net and workers in Pennsylvania are endangered every day by inadequate safety gear, a lack of training and failures on the part of their employer.
If you suffer a Work Injury due to the negligence of somebody other than your employer can the Workers' Compensation Insurance Carrier sue the person that caused your injuries even if you don't? The Pennsylvania Supreme Court in the case of Liberty Mutual v. Domtar Paper Co.is going to decide that exact question, as to whether a workers' compensation insurance company can bring a lawsuit against a 3d party tortfeasor for injuries caused to a worker who suffers an injury in the course of his employment if the injured worker doesn't.
Worried your Workers' Compensation may be stopped? Once you are approved for workers' compensation ideally you would continue to receive your benefits until you have recovered and go back to work. Unfortunately there are a number of reasons why your benefits could be stopped, or at least an attempt made to stop them sooner than you'd like.
The Workers' Compensation Act and the Pennsylvania Heart and Lung Act covers state police, enforcement officers, investigators, parole agents, correction employees, psychiatric security aides, drug enforcement agents, policemen, firemen, park guards, sheriffs, and deputy sheriffs.
There are many different types of time limits and different types of legal scenarios in injury law and that also holds true for work injuries. However, generally speaking, when it comes to wage loss benefits there are two basic types of calls we may get-those who need/want to get on workers' compensation wage loss benefits, and those who are on benefits and the workers' compensation insurance carrier is attempting to terminate, suspend, stop, reduce or modify there indemnity weekly or biweekly checks.
Workers' Compensation and IRE's. Contact Dugan & Associates. An IRE is short for Impairment Rating Evaluation. They are different than IME's. IME's are Independent or Insurance Medical Evaluations or Exams.