Blog: Workers Compensation

A review of the Pennsylvania Workers’ Compensation Act

Nov 21, 2016

The Pennsylvania Workers' Compensation Act was passed in 1914. It enshrines all of the rights that employees have and the obligations that employers bear. The latest version was updated last year and implemented in February of 2016. This post will go over the Workers' Compensation Act (WCA) and how it may help you. Workers' compensation is a method that assigns the burden of caring for an employee's workplace injury to the employer through an insurance...

Workers’ compensation: a key workplace protection

Nov 2, 2016

At every hour of the day, every day, legions of workers across Pennsylvania and Ohio dutifully clock in at their respective workplaces. They consistently provide their employers with conscientious and sustained on-the-job effort that promotes company goals and their enterprise's financial bottom line. In doing so, they have a reasonable expectation in a safety-and-health-based reciprocity that recognizes their contributions. Namely, that is the assurance that they and their families will be adequately protected in the...

Federal oversight possible for workers’ compensation programs

Oct 14, 2016

Workers' compensation is a state-run program. As such, benefits can vary widely from state to state, even for the same injury. Unfortunately, in a number of states, legislatures have taken action in recent years that make it more difficult for injured workers to receive benefits after an injury. For many this has meant extreme financial difficulty for the injured worker and their family, and a lack of access to the resources needed for surgeries or...

Diabetes can complicate a workers’ compensation claim

Sep 23, 2016

Recovery from a work injury is rarely simple. But for those workers who also have diabetes, it can prove particularly complicated. For injured workers with diabetes struggling to recover, effectively managing diabetes may be a key component of a successful recovery. That’s because diabetes can interfere with the healing process in several ways. Persistently elevated blood sugar levels can encourage infection, prolong the healing process and extend recovery times. Some workers may not even know that...

Can wearable technology increase worker safety?

Aug 31, 2016

You may already use wearable technology to keep track of your daily health and fitness goals. But now employers may be eyeing the technology to help monitor their workers to prevent injuries, and therefore avoid potential workers' compensation claims. The put out a report that detailed the ways in which wearable technology may be of use for employers looking to preserve worker health and reduce workers' compensation costs. According to a study by the Risk...

Can you file a workers’ comp claim for a food allergy?

Aug 13, 2016

Workers injured on the job can file claims after being injured in various ways: falls, explosions, amputations and caught-in-between accidents being some of the more common, at least on construction sites. But what if you work in an office where the dangers are not so readily apparent, but you’re allergic to peanuts, or dairy? But can you file a claim after suffering from an allergic reaction to food? A minor allergic reaction might not be...

Retaliation claims a growing trend in workers’ comp law

Jul 15, 2016

Filing for and securing workers' compensation after an on-the-job injury can be a complicated process in itself. But life becomes even more complicated if you lose your job after filing a claim. Fortunately, it is becoming increasingly common for workers to win cases based on workers' compensation retaliation. Most states have legal provisions that prohibit employers from retaliating against workers' who file for workers' compensation benefits. But proving retaliation can sometimes be tricky; particularly if...

Is Obesity A Disability?

Jul 6, 2016

Not unless the condition results from an underlying physical disorder, according to a recent ruling from the Court of Appeals in the Eighth Circuit. In the case in question, a man had been offered a machinist job, contingent on a post-hire medical review. The man, who had claimed on his application to suffer no medical impairments, later lost the job when the medical review revealed that his BMI was greater than 40, which would disqualify him...

Some states move to reduce workers’ compensation benefits

May 9, 2016

In 2006, Ohio passed a law that reduced the amount of time injured workers could collect workers' compensation from 4 years to 1 year. The reduction applies to cases in which workers are no longer physically compromised, but nevertheless are unable to find work that matches their skills. The Ohio law is one of several reforms some states have taken in recent years that limit workers' rights to compensation. According to a ProPublica investigation, some...

Can you be fired for filing a workers’ compensation claim?

Apr 24, 2016

Technically, no. When employers take adverse actions against an employee when that employee exercises rights, this is known as retaliation. If you do file a workers' compensation claim and you are fired shortly thereafter, you may have a retaliation case on your hands. However, employers are generally too savvy these days to state outright that you were fired because you filed a claim. Employers can state any number of "real" reasons for your dismissal, even...