Epileptic Seizure Sidelines Minnesota Head Coach During Halftime

This past Saturday, Minnesota Golden Gophers head coach Jerry Kill suffered a seizure mid-game while his football team was playing Western Illinois. Luckily, Kill was said to be “resting comfortably” after the incident, suffering no serious injuries, and the Gophers even went on to win the game.

For Kill, such episodes are unfortunately common. The Minnesota coach has experienced epileptic seizures during a game on two other separate occasions, with the last one occurring in October of last year. And during one week in September 2011, an onslaught of more than ten seizures forced him to stay away from the team. But despite his condition, he’s never missed a game’s start, and has built a solid overall winning record as a collegiate head coach at 139-89.

Jerry Kill’s ability to amass over one hundred wins as a coach despite battling recurring epileptic seizures is certainly impressive and even inspiring. Still, it’s clear that living with epilepsy can be extremely debilitating and interfere enormously with vital activities like work. While epilepsy can be controlled by medication in many, others are forced to contend with seizures that can occur without warning and lead to disastrous consequences. As a result, epilepsy destroys the ability of many to earn a living.

It is possible to receive Social Security Disability benefits for epilepsy if its effects are preventing you from working. To learn more, please contact us today; we’ll take the time to answer all of your questions about epilepsy and disability.

Preventing Workplace Violence

Almost two million American workers report being victimized by workplace violence every year, and workplace homicides are the fourth leading cause of occupation-related death in the U.S., according to the Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI). Women are even more at risk, as homicide causes more on-the-job deaths among female workers than any other factor. These eye-opening statistics may even belie the true extent of workplace violence in America, as many cases of violence at work go unreported.

The Occupational Safety and Health Administration (OSHA) defines workplace violence as “any act or threat of physical violence, harassment, intimidation, or other threatening, disruptive behavior that occurs at the work site.” In addition to employees, on-the-job violence can affect and involve clients, customers, and visitors as well.

Not surprisingly, OSHA identifies factors like working in areas with high crime rates, where alcohol is served, or with volatile, unstable people as likely to increase the chances of experiencing violence in the workplace. Those particularly at risk include delivery drivers, healthcare professionals, public service workers, law enforcement personnel, and workers who exchange money with the public.

To reduce workplace violence, OSHA recommends that employers implement a zero-tolerance policy applying to both workers and anyone who comes in contact with company personnel. Also, having a comprehensive workplace violence prevention program in place in addition to providing further training and resources to protect workers in high risk industries can significantly reduce the risk of victimization by on-the-job violence as well.

Workplace violence is an extremely serious matter. If you’ve been a victim of violence at work in Pennsylvania, our Philadelphia workers’ compensation attorneys can help you get the compensation that you deserve. Get in touch with us today to learn more.

The Dangers of Transvaginal Mesh

Since their introduction over a decade ago, transvaginal mesh implants have been linked to injuries in thousands of women. In 2011, the U.S. Food and Drug Administration (FDA) issued a report finding that vaginal mesh products pose a high risk to patients, cautioning doctors to warn women of problems associated with these devices. Around 30,000 lawsuits have been filed by women claiming injuries suffered as a result of defective transvaginal mesh products, and manufacturers have paid out millions of dollars in damages to victims of malfunctioned implants.

Transvaginal mesh implant failure can result in serious complications that can cause severe injury, even death. Often, an implant’s jagged edge will erode or pass through the vaginal wall, where it can cut or perforate other organs, such as the bladder. This severe damage can require multiple surgeries to correct. Other complications from transvaginal mesh failure include intense pain, bleeding, infection, scarring, painful sexual intercourse, and even nerve and neuromuscular damage. The FDA has estimated that transvaginal mesh failure rates may be as high as 10 percent.

Transvaginal mesh devices involved in lawsuits have included the Gynecare TVT, Avaulta, Gynemesh, Elevate, Perigee, and Apogee implants. If you have suffered health complications because of these devices, or any transvaginal mesh implant, you may be able to receive compensation for your injuries. Contact an attorney today to learn your rights and find out if you have a claim for damages.

Pennsylvania Ranked Fifth Among Most Dangerous States for Workers

Pennsylvania may be the fifth most dangerous state for workers in the country, according to a new study. Based on 2011 data from the U.S. Department of Labor’s Bureau of Labor Statistics, the study highlights both the most dangerous states in which to work and the most hazardous industries for workers in the U.S.

After an analysis of rates of injuries which involve “days of job transfer or restriction,” Pennsylvania emerged with a rate of 0.8 such injury cases per 100 workers, tying the keystone state with eight others for fifth place on the ignominious list. Maine took the top spot with nearly double the rate, while New York was the relative safest at 0.1 cases for every 100 workers. Though differences in environment and the ways that workplace injuries are classified and reported from state to state inevitably threaten to skew the findings of such research, this study does provide a valuable snapshot of job-related injury rates that calls attention to the prevalence of work injuries nationwide.

The study further ranks the industries with the highest occurrences of work injuries in the U.S., and according to the findings, amusement park workers may have the most dangerous job in the country. Those employed in the amusement park/arcade industry group face a rate of 3.2 transfer or restriction days per 100 workers. Animal slaughtering/processing workers are only slightly behind with a rate of 3.1, while employees in the beverage manufacturing and foundry industries can expect to see an average of 2.7 transfer/restriction days for every 100 workers.

While workers’ compensation law varies between states, it’s clear that workers injured on the job deserve fair compensation regardless of their state or industry. In Pennsylvania, our Philadelphia workers’ compensation attorneys can help you get the PA workers’ compensation benefits to which you’re entitled. Contact us to learn more about workers’ compensation in Pennsylvania.

Social Security Halts Usage of the Term “Mental Retardation”

The Social Security Administration (SSA) announced on Thursday that it will no longer use the term “mental retardation,” instead replacing it with “intellectual disability” in its official Listing of Impairments and other regulations. The SSA cites the widespread adoption of the term “intellectual disability” by Congress, government agencies, and various public and private organizations as impetus of the change, along with the negative and often offensive nature of the term “mental retardation” in modern language as well. The SSA’s voluntary change comes less than three years after President Obama signed Rosa’s Law, which updated language in federal health, education, and labor policy statutes with the terms “intellectual disability” or “individual with an intellectual disability.”

Importantly, the adjustment in terminology will not affect who qualifies for Social Security Disability benefits. This includes prospective or current applicants as well as those who have already qualified for benefits with a diagnosis of “mental retardation.” The change appears simply to reflect the trend towards the use of modern, respectful language to refer to people with disabilities of all varieties.

To learn more, read our summary of the SSA’s requirements regarding intellectual disability and Social Security Disability benefits, or contact our firm today.

Pennsylvania Workers' Compensation: An Overview

Workers’ compensation in Pennsylvania is a benefit system intended to help workers who've suffered illness or injury on the job. In accordance with the Pennsylvania Workers’ Compensation Act, those hurt at work are entitled to appropriate compensation for their injuries.

Pennsylvania workers’ compensation benefits provide for payments to cover a variety of expenses and losses, including:

• Payment for medical expenses and treatment. Generally, this can include emergency care, follow-up treatment with doctors, physical rehabilitation visits, and even transportation expenses incurred as a result of the work injury or illness. 
• Payments for lost wages. Typically, recipients get two-thirds of their weekly wage, although lost wage payments can vary. Learn more about lost wage benefits.
• Specific loss payments. Specific loss benefits are intended to compensate an injured worker for a permanent loss of functionality, such as following amputation, severe disfigurement, or loss of vision or hearing. 
• Physical or vocational rehabilitation services. Participation in certain physical or vocational rehabilitation programs is covered under workers' compensation in Pennsylvania. 
• Payment of benefits in case of death. In Pennsylvania, death benefits provide compensation for lost wages and, in applicable cases, a capped amount for funeral and burial expenses as well. 

There's little doubt that the workers' compensation system can be very complicated and hard to understand. If you've been injured on the job, you could benefit greatly from hiring an experienced workers' compensation attorney to handle your claim. Contact us today; we'll answer all of your questions about workers' compensation in Pennsylvania.

Healthcare Workers at High Risk for Musculoskeletal Injuries

Musculoskeletal disorders, conditions that affect the nerves, tendons, muscles, and supporting structures, account for a significant number of work injuries. Often caused by overexertion and heavy lifting, these injuries affect thousands of workers a year in various industries. Surprisingly, the highest rates of musculoskeletal disorders (or MSDs) occur not among such workers as construction laborers or freight, stock, and material movers, but among nursing aides, orderlies, and attendants.

Work injuries caused by physical overexertion in the healthcare industry are often related to manual patient handling. These activities involve heavy manual lifting associated with moving patients and working in awkward and uncomfortable postures. The lower back and shoulders are most often affected, and sprains and strains are the most common types of injuries.

Work-related musculoskeletal injuries among nurses are often costly, raising medical expenses, disability compensation, and costs associated with missed work and turnover, to name a few. According to the Occupational Safety and Health Administration’s (OSHA’s) website, direct and indirect costs associated with back injuries alone are estimated to be $20 billion annually. But nurses that experience pain and fatigue due to MSDs may also be endangering others as well; healthcare workers suffering from such injuries may be less attentive and productive, putting the health and safety of patients at risk as a result.

In order to prevent these injuries, OSHA recommends relying on transfer and lifting devices for moving patients, along with the education and training of healthcare workers about safe practices for patient handling. To learn more about workers’ compensation and MSDs, contact our Pennsylvania workers’ compensation lawyers today.

Could Your Facebook Account be Used to Derail Your Workers’ Compensation Claim?

For many of us, online social media has become an integral part of our daily lives. Vacations, fancy dinners, and everyday activities are all chronicled for our friends and followers to enjoy. Sharing pictures and personal details has become a hallmark of the social media experience. Yet despite customizable settings on popular social networking sites like Facebook, concerns about the privacy of posted material have continued to persist, with users wary of third-party advertisers, admissions officers, and employers alike having access to their profile’s information. Now, recent rulings in Pennsylvania workers’ compensation cases could add forensic computer experts to that list.

An emerging trend in Pennsylvania workers’ compensation claims has involved courts generally granting limited discovery requests for access to claimants’ Facebook pages where certain public postings on these accounts suggest that more private posts might be relevant to the contested issues in specific cases. However, this access is normally only allowed after a showing of facts which suggest that the discovery of the claimant’s private profile will yield information relevant to the case. Without this, such discovery is not likely to be permitted.

Nevertheless, in light of these recent decisions, injured workers in Pennsylvania need be aware of what is being posted on their accounts on Facebook and other social media sites, ensuring that their personal profiles are free of material that could damage their workers’ compensation claims. If you’re unsure of what constitutes such material, or if you have any questions regarding social media and workers’ compensation in Pennsylvania, contact our Pennsylvania workers’ compensation attorneys. To be sure, the ever-increasing prominence of online social networking in today’s world promises that social media will continue to impact workers’ compensation litigation in the days to come.

Reducing the Impact of Chronic Illness in the Workplace

Chronic health conditions are on the rise among all age groups and continue to increase health care costs while decreasing productivity nationwide. According to the Centers for Disease Control and Prevention (CDC), over 25 percent of the U.S. population is considered obese, a number which could grow to as much as 40 percent by 2020 if current trends continue. Obesity is a contributing cause of serious chronic health conditions like diabetes, which cost employers an estimated 138 million days of productivity in 2012. Heart disease, the leading cause of death in the U.S., is often caused or exacerbated by obesity as well.

The American College of Occupational and Environmental Medicine (ACOEM) suggests that employers can improve workers’ health while preventing work-related injuries and illnesses by creating a “culture of health” in the workplace; that is, putting wellness programs into effect while implementing appropriate workplace safety policies. Though smaller employers may not have the resources to implement overarching programs for employee wellness, basic strategies like having occasional blood pressure checks, cholesterol or glucose screenings, a walking program, or even simply posting signs reminding employees to wash their hands are steps in the right direction.

Regardless of employers’ resources, promoting a culture of safety and wellness can certainly boost morale and well-being while reducing the risk of work injuries and the accompanying negative financial impact (and, potentially, workers’ compensation claims). Visit our website to learn more about work-related injuries and workers’ compensation in Pennsylvania.

NFL's Tom Brady and Drew Brees Voice Opposition to Workers' Compensation Bill

Tom Brady and Drew Brees are best known for being two of the greatest quarterbacks in the National Football League today. But while they play for opposing organizations, the two superstars have recently teamed up to write a guest column in the San Francisco Chronicle voicing opposition to AB1309, a proposed California bill that would change the workers' compensation rules particular to professional athletes in that state.

The California bill would limit the ability of professional athletes like those in the NFL to file cumulative trauma workers' compensation claims in California if those athletes had not retired from a team based in that state. However, players retiring from teams outside of California would still be permitted to file workers' compensation claims if they spent 80 percent of their career with or played eight or more seasons for a California NFL team. Workers' compensation claims would have to be filed within a year of an athlete's final game or of a doctor diagnosing the condition, whichever is later.

Representatives from several professional sports associations have expressed concern that teams outside of California are cashing in on workers' compensation benefits from that state, raising costs for sports teams as well as all employers in California. An earlier blog post details the bill and related concerns.

In their column, Brady and Brees voice their opposition to the bill, a position echoed by the NFL Players' Association. The quarterbacks acknowledge their considerable salaries but emphasize the severity of NFL injuries and their impact on the affected players. According to Brady and Brees, the bill "unfairly targets professional athletes by attempting to classify them differently than other interstate workers," and "there is no good reason for professional athletes to be singled out." Drew Brees is one of the players that would be ineligible for California workers' compensation under the bill, despite playing five seasons for the San Diego Chargers.

High-profile contention over AB1309 has propelled the bill to the forefront of discussion about workers' compensation law throughout the entire nation. The bill is now awaiting a vote in the California State Assembly.

Jerry Lehocky to be Appointed President of the Pennsylvania Association for Justice

Pond Lehocky Stern Giordano is pleased to announce partner Jerry Lehocky’s appointment as President of the Pennsylvania Association for Justice (PAJ), effective July 1, 2013. Mr. Lehocky is a founding partner of Pond Lehocky Stern Giordano, which has become the area’s leading workers’ compensation and Social Security Disability law firm since its inception in 2010.

On June 29th, Mr. Lehocky will be inducted as President at PAJ’s Annual Retreat in Bedford, PA.

“Being elected President of this esteemed organization is such an honor. It’s especially important to me because it marks the culmination of more than 20 years of my affiliation with this group, including sitting on the board and serving as Chair of the Workers’ Compensation Section for twelve years. Most importantly, however, it provides an even greater platform for me to help injured victims and advocate for workplace justice,” explains Lehocky.

Mr. Lehocky has the distinct honor of serving as the first president of PAJ whose practice is solely dedicated to workers’ compensation law. As president, he will oversee the organization’s mission of upholding the Constitution and promoting efficient enforcement of justice while leading the approximately 3,000 PAJ trial lawyers who have dedicated their lives to representing victims of various acts of negligence. The Pennsylvania Association for Justice dedicates its operation to the protection and enhancement of the United States trial system and to the education of the public about the important role trial lawyers play in the fulfillment of justice.

Mr. Lehocky’s presidency has been recognized in The Legal Intelligencer, The Pennsylvania Law Weekly, and the Philadelphia Business Journal. Mr. Lehocky was honored with a congratulatory citation from State Representative Ed Neilson, read by Senator Mike Stack, at a reception celebrating Mr. Lehocky’s appointment. You can read an interview with Mr. Lehocky in which he discusses his background and the culmination of his 25 year career in our most recent newsletter.

Mr. Lehocky’s own life experiences have impacted his decision to not only advocate for injured workers in the court room, but also on a much larger scale via political action and in the legislative arena as well. He grew up in a middle class, hard-working family in the blue-collar steel mill town of Aliquippa, Pa. His mother worked at JC Penney’s for 30 years, and his father was a plumber who was diagnosed with lupus at a very young age. Because of this, he has experienced firsthand the toll that being disabled can take on a man and his family. He spent a significant amount of time in hospitals with his father who, between the time of his diagnosis and his death at age 65, suffered four heart attacks and had three sets of triple bypass surgery.

“Were it not for the union health benefits and Social Security Disability benefits, we would have been on the street”, says Lehocky.

Mr. Lehocky is partner at Pond Lehocky Stern Giordano. He has been a litigator of workers’ compensation and Social Security since being admitted to practice in 1985. In his career, he has been a member of the Board of Directors of the Philly Volunteers for the Indigent Program and a member of the disciplinary board of the Supreme Court of Pennsylvania. He also co-authored “House Bill 2738,” which is the first positive piece of workers’ compensation legislation to become law in over thirty years.

Mr. Lehocky is consistently recognized by his peers as a leader in the field of workers’ compensation and has been named to the Pennsylvania Super Lawyers® Top 100 in Pennsylvania and Top 100 in Philadelphia lists for 10 years in a row. Also, he was selected by his peers for inclusion in the Best Lawyers in America® in 2012 and 2013. Read more about Jerry Lehocky.

Lack of Sleep Raises Risk of Work Injuries

It’s long been known that poor or insufficient sleep can have negative health effects and contribute to conditions like obesity and diabetes. Now a new study shows that (not surprisingly) lack of sleep is a significant contributing factor to workplace injuries.

According to new research, people with sleep difficulties are at a 60 percent greater risk of being injured at work than those who are well rested. In fact, it’s been estimated that around 13 percent of work injuries are related to sleep deprivation. Notably, studies looking at the connection between lack of sleep and driving-related work injuries were excluded from this research, suggesting that the incidence of work injuries linked to poor sleep could be even higher.

It’s clear that sleep difficulties can lead to a wide range of problems both in and out of the workplace, and regular sufferers of sleep problems should consult their health care provider. If you have any questions about a Pennsylvania workers’ compensation claim, contact our Pennsylvania workers’ compensation attorneys today.

Managing the Threat of Heat-Related Illness at Work

As summer approaches, the rising temperatures are a welcome respite from the bitter cold of the winter months. But for workers exposed to excessively hot conditions on the job, high temperatures can be dangerous, even deadly.

Heat illness affects thousands of workers every year and can result in death for those who are unprepared to cope with the high temperatures. Heat-related illnesses include:

• Heat stroke
• Heat exhaustion
• Heat cramps
• Heat rash

Unsurprisingly, workers most at risk are those continually exposed to hot and humid conditions, especially those performing hard physical labor and/or wearing bulky clothing or equipment. Age, physical conditioning, and a chance to build up tolerance to the heat can all affect heat illness susceptibility as well.

Fortunately, simple preventative steps can greatly reduce the risk of developing a heat-related condition. The Occupational Safety and Health Administration (OSHA) emphasizes the importance of adequate water, rest, and shade when working in extremely hot temperatures. Additionally, OSHA recommends that workers gradually build up to demanding work in hot conditions to allow themselves to become acclimated to the heat. With this common sense approach, occurrences of heat injuries on the job can be drastically reduced.

If you have any questions about heat-related illnesses and workers’ compensation in Pennsylvania, contact our firm today.

Famed Actor Sued for Not Providing Workers' Compensation Insurance

Well-known comedic actor Jim Carrey has made headlines recently not for an upcoming movie, but for a failure to purchase workers’ compensation insurance for employees at his art studio in New York. The workers’ compensation board in that state has fined him $72,000 for a failure to purchase workers’ compensation insurance for all of 2012. Mr. Carrey has denied any wrongdoing and is blaming the issue on a clerical error, but the case will likely go to court if the fine is left unpaid.

As in New York, Pennsylvania workers’ compensation insurance is a mandatory requirement for employers in this state. Workers’ compensation in Pennsylvania is intended to provide an exclusive remedy to employers and employees while ensuring safer workplaces, prompt compensation for injuries and illnesses suffered on the job, and reduced litigation costs to all parties, as stated by the Pennsylvania Department of Labor and Industry. Indeed, the Pennsylvania workers’ compensation system is in place to ensure that all injured workers receive compensation rightly deserved for their work injuries.

Regardless of whether Jim Carrey was at fault, his case brings attention to the overarching importance of workers’ compensation insurance and its critical role in protecting today’s workforce. If you’ve been injured at work and need to collect workers’ compensation benefits, contact our attorneys today. We’ll guide you through the complex workers’ compensation process and help you get the benefits that you deserve for your injury.

Diesel Exhaust Exposure and Lung Cancer

Lung cancer is the leading cause of cancer death in the U.S. - about 27% of all deaths from cancer can be attributed to this form of the disease, and more people die of lung cancer each year than of breast, prostate, and colon cancers combined. According to the American Cancer Society, men have a 1 in 13 chance of developing lung cancer in their lifetimes, while women have a 1 in 16 probability. And, unfortunately, the last several decades have seen little significant progress in lung cancer treatment.

Public awareness campaigns along with surgeon generals’ warnings have made most aware of the link between smoking and lung cancer. But other cancer causing substances may often go unrecognized, including many encountered during the course of a day’s work. One such substance of particular concern is diesel exhaust, a recently classified human carcinogen by the International Agency for Research on Cancer. While those who've been heavily exposed are clearly at a greater risk of harm, even infrequent diesel exhaust fume exposure can be hazardous, and some cities are beginning to grow concerned that diesel exhaust may even be an emerging public health hazard.

Workers especially at risk for excessive diesel exhaust exposure include truck drivers, bus operators, miners, railroad workers, and longshoremen. However, even minimal exposure can cause deleterious effects in workers who are repeatedly exposed to these fumes on the job.

Over 10,000 Americans die each year from work-related lung cancer. If you’re repeatedly exposed to diesel exhaust on the job and have developed lung cancer or another disabling condition, contact an experienced workers’ compensation attorney today to see if you have a workers’ compensation claim for lung cancer.

Training and Education for Workplace Accident Prevention

No matter the industry, it’s clear that educating employees about accident prevention is a cornerstone of ensuring on-the-job safety. Accordingly, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) maintains a grant program designed to help nonprofit organizations with funding for programs that facilitate these critical objectives. Called the Susan Harwood Training Grant Program, this fund makes available a total of $1.5 million to nonprofit, community and faith-based organizations, employer associations, labor unions, joint labor/management associations, and colleges and universities for accident prevention education.

The program targets two important areas for assistance: the development of materials for worker training and education along with training grants for specific safety topics, including fall protection in construction, agricultural safety, hair and nail salon hazards, and hazard communication for chemical exposure. While it’s essential that all workers receive adequate training for workplace safety, Susan Harwood grants particularly look to assist the education of underserved, low-literacy workers in high-danger industries. These workers are especially at risk for sustaining serious work injuries that merit workers’ compensation.

Workers Compensation and Occupational Overuse Syndrome

It’s clear that a small amount of discomfort may be an unavoidable aspect of many jobs. Whether it’s lifting heavy objects, typing for long periods of time, or just standing on your feet for hours on end, job-related exertion is, for many of us, simply a part of life. But if performing the same repeated movements at work has lead you to experience such symptoms as muscle spasms, strength loss, numbness, or moderate to severe aches and pains, you may have developed a condition known as occupational overuse syndrome.

Also referred to as work-related upper limb disorder, cumulative trauma disorder, or repetitive stress injury, occupational overuse syndrome often affects those required to perform certain physical motions over and over again at work. The condition can affect any worker, but most at risk are those performing tasks that involve repetitive and forceful movements of the arms and sustained awkward postures. These factors can result in an insufficient amount of blood reaching the muscles, tendons, and nerves, which is the main cause of repetitive stress injuries. Warning signs of occupational overuse syndrome can include:

• Pain
• Burning
• Tingling
• Swelling
• Numbness
• Weakness
• Loss of movement

Common injuries resulting from occupational overuse syndrome include carpal tunnel syndrome, rotator cuff tendinitis, and tennis elbow (epicondylitis).

Symptoms of occupational overuse syndrome tend to develop gradually but can progressively worsen without proper treatment. The resulting injuries can prevent you from performing your job and significantly affect your quality of life. You may be entitled to workers' compensation benefits if you've sustained a work-related repetitive stress injury, and our Pennsylvania workers' compensation attorneys are highly experienced at getting our clients the benefits that are rightfully theirs. Contact our firm today with any questions about your workers' compensation claim, or get started on a free claim evaluation.

Intoxication on the Job May Prevent You from Collecting Workers’ Compensation Benefits

It’s pretty clear that using drugs or alcohol while working is a bad idea. Not only is it unprofessional, but depending on your job, being intoxicated could bring up some serious safety issues that could put you and your coworkers in danger. But it’s also vital to note that if you suffer an injury on the job while under the influence of drugs or alcohol, your intoxication can significantly lower your chances of collecting workers’ compensation for your injury.

For the most part, if an employer can prove that intoxication was the cause of your injury, then the employer doesn't have to provide workers’ compensation for that injury. This is known as the intoxication defense. However, there are exceptions to this defense. In order to avoid paying workers’ compensation, the employer must show that your intoxication was in fact a substantial factor in causing the injury. Also, if your intoxication resulted from activities that were in pursuit of your employer’s interests (or if your employer encouraged you to drink) this defense may not apply.

An experienced workers’ compensation lawyer can explain the details of this area of workers’ compensation law to you and determine the best way to present your case. Overall, being intoxicated on the job can be a major obstacle to receiving workers’ comp benefits in addition to the blatant safety and professionalism issues it brings up as well. However, if you were injured at work by a coworker under the influence of drugs or alcohol, your case will not be affected. Regardless of your situation, our attorneys will take the time to evaluate your case and advise you of the best course of action in pursuing your workers’ compensation claim.

Avoidable Tragedies: Workplace Falling Injuries

The regrettable truth about accidents in the workplace is that far too many of these tragedies are preventable. Perhaps nowhere is this more apparent than in the construction industry, where falls are the leading cause of fatalities. According to the Occupational Safety and Health Administration (OSHA), over a third of work-related deaths in construction in 2010 were due to preventable falls.

In an effort to stem the tide of these tragic accidents, OSHA has introduced a fall prevention outreach campaign to call attention to the dangers of workplace falls. The campaign emphasizes three elements critical to preventing avoidable falling injuries:

• Plan. The need to plan ahead before tackling a job requiring working from significant heights is crucial. Planning involves determining how the job's tasks will be accomplished and, importantly, what equipment will be needed to ensure the safety of the workers completing those tasks. 


• Provide. Once the type of equipment necessary for ensuring workers' safety is determined, the employer must actually make that equipment available to workers. This can include certain types of ladders, scaffolds, and safety gear, such as personal fall arrest systems. 


• Train. Even the best safety equipment available is useless without the knowledge necessary to use it properly. Employers should train workers both in the use of all equipment and hazard recognition as well, so employees can identify and avoid dangers before they become a safety threat. 

By adhering to these three simple guidelines, employers can drastically reduce the occurrence of preventable falls and resulting workers' compensation claims as well. Avoidable workplace tragedies needn't plague our workers when workplace safety is made a top priority.

Should NFL Athletes be Collecting Workers’ Compensation From Out of State?

A bill introduced in California would largely prevent professional athletes like those in the NFL from filing cumulative trauma workers’ compensation claims in California if they had not retired from a team based in that state. Spokespeople representing several professional sports associations contend that athletes from teams outside of California are cashing in on workers’ compensation benefits from the state, raising team costs as well as costs of workers’ compensation for all employers in California.

However, NFL players point to the fact that they pay income taxes in California for each game they play there. This, they argue, should allow them to apply for workers’ comp in the state regardless of the home state of their team. Officials for the leagues have asserted that the intended purpose of the bill is not to curb the ability of legitimately injured players to obtain workers’ compensation benefits but merely to establish standards. The bill is scheduled to go before the Assembly Insurance Committee next week; here's the bill in its entirety.

Though not directly applicable to workers’ compensation in Pennsylvania, the California bill does present an interesting question of workers’ comp law. While it’s important to keep costs down and establish standards, the right of workers to appropriate compensation for injuries suffered on the job, regardless of profession, must always be preserved. And if you need to file for benefits, our workers’ compensation attorneys are the best in the business; contact us now for a free evaluation.

Asbestos: Still a Serious Health Threat

Last week was National Asbestos Awareness Week, a relatively new occasion intended to increase awareness about the serious dangers of asbestos exposure. Although the use of asbestos has greatly declined, exposure still remains a major threat to the health of workers who repair old buildings and indeed anyone who comes into contact with the material. It’s long been known that asbestos can cause fatal conditions like lung cancer and mesothelioma, yet asbestos still isn’t banned in the U.S.

A naturally occurring mineral fiber, asbestos was widely used as an insulator and fire retardant until its negative health effects became apparent. When asbestos is disturbed, tiny fibers are released into the air. If inhaled, these fibers can cause diseases such as the ones mentioned above, as well as other conditions like asbestosis, a serious lung disease.  It’s clear that workers in construction and demolition, for example, are at high risk for asbestos exposure, but anyone who disturbs the material can suffer adverse health effects. And with greater exposure comes a higher chance of developing a potentially deadly condition.

Thousands are diagnosed with mesothelioma annually, and thousands more die from an asbestos-related disease each year. If you've suffered from any health issues related to asbestos exposure and would like help with a workers’ compensation claim, contact our workers’ compensation attorneys today.

Most Dangerous Jobs in America

According to a recent article on cnn.com, professional fishermen have the most dangerous job in America. The article compared the fatality rate per 100,000 workers of dozens of jobs, and fishermen topped the list at 121.2. Loggers and airplane pilots took second and third places with 102.4 and 57 fatalities per 100,000, respectively.

Whether or not your profession made the list, it's clearly important to know any dangers associated with your job and be mindful of minimizing these risks. The article points out that most jobs on the list have become less dangerous in recent years thanks to safer practices and regulations designed to keep workers out of harm's way. The trend toward maximizing job safety is clearly a positive one and has undeniably prevented innumerable workers from being injured at work, and let's hope that this trend continues. Nevertheless, protecting those who suffer work injuries will always be important, and getting the injured the workers' compensation they deserve will always be our top priority.

Workers' Compensation and Surveillance

Workers’ Compensation matters vary from case to case, but one common thread is that injuries sustained by workers are severe enough to keep them from performing their routine job duties. To ensure each claimant is being completely truthful with his or her claim, insurance companies will send investigators to observe the daily behavior of the injured worker. For example, if the investigator finds that a construction worker who has injured his hand on the job is operating machinery on a job site after filing a claim, some hefty consequences could result.

Earlier this month, the state of Montana convicted its second felon charged with robbing the state of workers’ compensation benefits. An investigative team found a man, who claimed to be injured at work, out hunting and working on a construction site. The man already began receiving thousands of dollars in benefits. He faces a maximum of 10 years in prison and/or a $50,000 fine.

Due to instances such as this, it is standard that all cases are subject to investigation. In our What To Expect: Your Workers’ Compensation Case video, we caution people that insurance companies may hire private investigators to monitor your activity. Even something that seems harmless, like posting a photo to a social media site, can be taken out of context and used against you, so it is best to use caution at all times. For more information on surveillance by insurance companies, and all other matters related to a Workers’ Compensation case, watch our What to Expect video.