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.