The 5 Biggest Myths about PA Workers’ Comp

Last week we mythbusted Social Security Disability, and this week we’re tackling Pennsylvania workers’ compensation. Here’s five key things you should know the truth about when it comes to a workers’ comp claim.

1. You can be fired for filing a claim. False. It’s against the law for your employer to fire you because you file a workers’ compensation claim. They are not required to hold your position though if you are out on disability for an extended period. 

2. It doesn’t matter how long you wait to tell your employer that you’ve been injured, as long as you tell them. False.You must report your injury to your employer within 120 days. After that, you become ineligible to receive benefits. If you inform your employer of your injury within 21 days, you can be awarded benefits as of the date of your injury. Beyond 21 days, you can only be awarded benefits as of the date you report your injury. Keep in mind that there may be some circumstances where you are not even aware you have an injury, such as carpal tunnel or a serious illness. In these circumstances, it is important to report your condition as soon as your doctor gives you a diagnosis and relates it to your employment. You have three years from the date of an injury to file a claim petition if your claim is initially denied.

3. A pre-existing injury can prevent you from getting workers’ compensation. False. You can still be eligible for benefits if you can show that your job duties have aggravated, reactivated or accelerated your condition. So if you have arthritis and over time it’s gotten worse because of your job, you may be eligible for workers’ comp.

4. You can never choose your own doctor for treatment. False. You must treat with one of the doctors your employer provides for 90 days if sign a document called a panel acknowledgement. You must have signed this document when you were hired and immediately after your injury. After the 90 days though, you are free to treat with any doctor. If you did not sign a panel acknowledgement and your employer did not provide a list of at least six doctors, you are free to treat with any doctor.

5. It’s easy to get benefits without a lawyer. False. Most likely your employer and its insurance company will have an experienced workers’ comp attorney on their side. Also, insurance companies can be very unhelpful at times because they may provide you with wrong or conflicting information so having a knowledgeable lawyer will put you at an advantage.

Navigating the path to receiving workers’ comp benefits can be tricky, but the attorneys at Pond Lehocky have more than 75 years of experience fighting for workers’ rights. If you have been injured on the job, call us today at 215-568-7500 and let us help you get your life back. 

Mythbusting Social Security Disability

There are many misconceptions about Social Security disability insurance (SSDI) that have infiltrated the public’s understanding of the program. We are going bust these myths and ensure you have the correct information when it comes to SSDI.

1. SSDI is a government handout. False.
SSDI is an insurance policy that workers have earned. In each paycheck you receive, a percentage is taken out that goes straight to the Social Security Disability Trust Fund. If you become injured and cannot work, you’ve invested in a policy to help you financially during that time.

2. It’s easy to get SSDI. False.
There are strict guidelines set out by the Social Security Administration (SSA) that applicants must meet. In fact, most are denied on their initial applications—nearly 70 percent. Having an experienced disability lawyer on your side to assist you in filing or appealing your application helps your chances of receiving SSDI.

3. Most people that have disabilities are elderly. False.
People of any age can become disabled. More than one-in-four 20-year-olds insured for disability benefits become disabled before their retirement age.

4. People abuse the system because payments are high. False.
In 2014, the average monthly disability benefit payment was $1,146. This yearly income barely allows recipients to live above the poverty level. Though the payments are modest, they can make a huge difference to those who cannot work.

5. The same number of people are receiving SSDI as in years past. False.
Actually more people are, but there are two reasons why. Baby boomers reached their peak disability ages from 1990-2011 and more women have joined the workforce.

6. There is a lot of fraud within the system. False.
The SSA has implemented many measures to ensure that those who require SSDI are the ones benefitting from the system. These methods are so effective that less than 1 percent of cases that are found fraudulent.

Many of our clients rely on SSDI to help them get by after they become disabled. They have worked consistently their whole lives and unfortunately cannot work anymore because of a disability. We think it’s crucial that people understand the truth about SSDI and how it can help hardworking Americans during their time of need.

If you cannot work because of a disability, let Pond Lehocky help you get the benefits you deserve by calling us at 215-568-7500 today.

Removing Disability Stigmas Through Fashion

A purple cane and a petition are fueling Liz Jackson’s mission to make those with disabilities feel more comfortable. She’s started a petition to get retail giant J.Crew to sell stylish canes through its partner line In Good Company to help remove the stigma that surrounds assistive devices. 

Liz was diagnosed with CIPD two years ago. It is a neurological disorder characterized by progressive weakness and impaired sensory function in the legs and arms, which is why she requires a cane to walk. She documents her progress through her blog, The Girl with the Purple Cane.

Liz began this campaign because she realized that some assistive devices are more mainstream than others. Glasses are assistive devices and they have become a fashion commodity. They come in all shapes, sizes and colors to match any outfit. Liz hopes the same thing happens with canes too, something that was once a fashionable accessory. By fusing assistive devices with fashion, those who require these products can feel more comfortable and confident. 

So why J.Crew? Liz feels that it is a major label that can impact a huge group of people. She believes seeing a model holding a cane as a teenager would have boosted her confidence immensely. Also, the company’s president and creative director, Jenna Lyons, uses a prosthetic. She was born with incontinentia pigmenti, a genetic disorder that can cause skin scarring, loss of hair and malformed teeth; she and wears dentures as a result. With such a personal connection to assistive devices from the company’s top dog, J. Crew seems like the perfect outlet for this idea. 

Many of our clients require help from assistive devices like these because of a debilitating disability or work injury. Like Liz, we respect any effort to improve the lives of disabled individuals—both long and short term—and work with them to regain their spirit while promoting their interests. To learn more about Liz’s campaign and to sign her petition, click here. 

Shedding Light on Skin Cancer During UV Safety Month

July is the month that invokes memories of trips to the shore, the feel of increasingly hot temperatures and the traditions for celebrating America’s birthday. It should also bring to mind the smell of sunscreen as July is UV Safety Month.

Skin cancer is the most common form of cancer in the United States, according to the Centers for Disease Control and Prevention. Those that work outside during peak hours are at risk for developing skin cancer if the correct precautions are not taken.

First and foremost, use sunscreen. Even when it’s cloudy out those UV rays can still cause damage to your skin. Be sure that it is a broad-spectrum sunscreen that blocks both UVA and UVB rays and is at least SPF 15. Follow the instructions on the bottle to ensure you’re reapplying on time.

If possible, limit your exposure to the sun during its peak hours from 10 a.m. to 4 p.m. You can check the UV index wherever you are with the Environmental Protection Agency’s UV Index tool.

Wear protective clothing such as long-sleeved shirts, pants, hats and UV-resistant sunglasses.

There are plenty of other tips and an IQ quiz about UV safety at the Federal Occupational Health’s website. 

Fourth of July Sparks Safety Concerns

The fourth wouldn't be complete without grills blazing, heaping servings of apple pie and Technicolor fireworks painting the sky, but these fiery holiday traditions can pose a danger to those in the pyrotechnic industry who create the celebratory displays we enjoy.

Last week, an explosion at a fireworks facility in Washington state killed one worker and injured two others, while another recent incident caused a worker to suffer fatal burns .The Occupational Safety and Health Administration (OSHA) urges employees in the fireworks and pyrotechnic industries to be conscious of the hazards from manufacturing, storing, transporting, displaying and selling fireworks for public presentations, especially in light of these two recent events.

OSHA offers downloadable safety posters that employers within these industries can post. They detail various precautions to take when handling fireworks and common solutions for the retail sales of fireworks and for creating fireworks displays. They can be found here. It also offers an educational video about safety in the manufacturing and retail sales of fireworks, which can he viewed here.

Pond Lehocky Stern Giordano wishes everyone a festive and safe Fourth of July, and we thank those who create the luminous shows we all enjoy. 

Fourth Annual PTSD Awareness Day Provides Education About Disorder

Today, June 27, 2014, marks the fourth annual Post-Traumatic Stress Disorder (PTSD) Awareness Day. According to the Diagnostic and Statistical Manual of Mental Disorders, PTSD is a disorder that results from exposure to a traumatic event and includes symptoms from each of the four clusters: intrusion, avoidance, negative alterations in cognition and mood, and alterations in arousal and reactivity.

The National Center for PTSD estimates that 7-8 percent of the population will experience PTSD at some point in their lives. Join The National Center for PTSD in raising awareness for the disorder and effective treatment methods. There are numerous educational materials available on its website.

Social Security disability is available to those with PTSD that qualify. Pond Lehocky Stern Giordano believes that you should receive the benefits you deserve. Let us help you collect your Social Security disability by calling us today at 800-568-7500.

OSHA Releases Game-Like Safety Training for Business Owners

Safety isn’t taken lightly by business owners, but now it’s a game. With the Occupational Safety and Health Administration’s (OSHA) new interactive training game, business owners can explore common safety hazards in manufacturing and construction industries, and learn about ways to reduce them.

The training tool lets users play as the business owner or the employee as they explore three different scenarios: “OSHA Visual Inspection Training,” “Manufacturing Facility,” and “Construction.” The game leads players through the important steps in the hazard identification process including: information collection, observing the workplace, investigating incidents, employee participation and making hazards identification a priority.

Pond Lehocky Stern Giordano applauds OSHA for developing such an informational tool and urges business owners to play and learn. The game can be found here. OSHA also provides a game trailer to preview the tool, which can be found here.  Any means to prevent and educate employers and employees about workplace accidents is crucial to ensuring workplace safety.