Month: June 2023

In the age of digital connectivity, where our lives unfold in a virtual realm, it’s easy to underestimate the far-reaching consequences of our online activities. But here’s a startling truth: the posts you make on social media platforms can wield immense power, capable of shaping the fate of your workers’ compensation claim. Insurance carriers and their attorneys investigate your online presence and are prepared to scrutinize every aspect of your life.

When you post on social media, it stays public forever, even if you hit that delete button. Social media pictures and messages are often used as ammunition in litigation battles. From the juggernauts like Facebook, Instagram, and Twitter to the trending platforms of YouTube, TikTok, and LinkedIn, nowhere is truly safe.

How to Protect Yourself

• Make sure you keep your profile private and do not post the details of your workers compensation claim on social media. Be mindful of who you allow to see your profile. These “friends” or “companions” may be an insurance carrier trying to gain access to your profile.
• Additionally, posting pictures that go against your doctor’s orders may derail your claim. This is essential because you want to have as much credibility as possible before a Judge rules on your case.
• Avoid posting on social media during your case to prevent insurance carriers and their attorneys from finding ways to negatively affect your claim. Defense attorneys will constantly look for ways to undermine the validity of your claim so staying off social media will be your best option.
• It is important to note, if you already posted something on social media prior to the start of your workers compensation claim, do not remove it because it will be seen as tampering of evidence. Stay calm and do not post on social for the duration of your workers’ compensation claim.
• Privacy also applies to friends and family. Be sure your loved ones do not tag you in any posts that can possibly be compromising to your workers’ compensation claim. Insurance carriers and their attorneys will look to your loved ones to find any compromising information that will negatively affect your case. Be sure to let your loved ones know this information in order to protect your claim.
• Do not text anyone about the details of your case. These messages can be used against you in litigation. This is important because you do not want any unwarranted information to leak to the opposing party. You also do not want to communicate with your attorney using any work device as employers can use this information against you in litigation

Remember, during the course of your workers’ compensation claim, silence is your ally. The temptation to share your experiences or vent your frustrations on social media may be strong, but it’s a slippery slope.

We understand the importance of social media in our lives and how easy it is to communicate information to others. However, it is essential to be careful about what you post to protect your workers’ compensation claim.

 

If you or a loved one has been hurt at work, call Stern & Cohen at (215) 999-1443 or fill out a contact form below to get in contact with a Pennsylvania Workers’ Compensation Attorney. 

By Chloe Murray on June 21, 2023 • 4 minutes to read

Now that it is summer, you will see more landscapers and gardeners out-and-about. Or you may even be a landscaper or gardener yourself come the summer months! These types of jobs come with many benefits—helping customers ensure the beauty of their homes or places of work and getting out and being in the sun. However, these jobs can also come with the danger of a workplace injury. These injuries can range—tripping over a sprinkler system hidden in the ground, cutting your leg on a lawn mower, or falling off a ladder while manicuring a rooftop garden. It is important that if you work in these industries, you are aware of your workers’ compensation rights if you get hurt at work.  

Course and Scope 

Just like any injury, to be entitled to workers’ compensation benefits, an injury must occur in the course and scope of your employment. This means that just because you are planting flowers at your own home while off the clock, this does not mean that you would be entitled to workers’ compensation benefits if you were injured just because you are a gardener by trade. You must be working when the injury occurs.  

However, you need not be on site for the injury to be compensable. This could mean that you are sent out by your supervisor to buy a new lawn mower and while at the store you slip and fall on a wet floor. Another example would be if you travelled from home-to-home landscaping and between two homes, you were involved in a motor vehicle accident.  In both examples, while you were not specifically performing the act of a landscaper and cutting the grass or paving the sidewalk, you were still within the course and scope of your employment when the injury occurred. On the other hand, just because you think you may have been in the course and scope of your employment, there are some caveats to these generalities, and it is important to have an experienced lawyer on your side to guide you through the process.  

Who Is Responsible? 

If your employer deems that you were in the course and scope of your employment, one issue that may arise, specifically with landscapers, is who is responsible for a work injury. This usually occurs if there are both contractors and subcontractors involved. Sometimes the question is who your employer is—the general contractor or the subcontractor. This is often a litigated issue in court. Additionally, even if a subcontractor is deemed responsible, they may not carry workers’ compensation insurance. Even if the subcontractor does not carry insurance, do not fret—you may be entitled to benefits via the general contractor.  

Reporting an Injury 

Regardless of the legal issues that may arise regarding course and scope of employment and employee-employer issues, it is important to remember that if you sustain an injury, you must report it to a supervisor immediately. There are significant repercussions that can occur if an injury is not reported. Most significantly, a work injury will never be accepted if you fail to report it within 120 days (about 4 months) of the incident. This means that regardless of the severity of the injury, you will not be entitled to any workers’ compensation benefits. Additionally, a judge can question your credibility if you fail to report the injury soon after it occurs.  

What Happens Next? 

Once an employer becomes aware of an injury, they are required to either accept or deny the claim. If they accept the claim, you should receive workers’ compensation benefits, either in payment of medical treatment, payment of wage loss benefits or both. Even if an insurance company or your employer tells you they are aware of the injury and will accept it, it is important to speak to a lawyer to understand all your rights. If they deny the claim, you may still be entitled to workers’ compensation benefits. Usually this is when a case goes into litigation and having a lawyer on your side is important. 

While the rights of a gardener or landscaper are like those of any other profession, it is imperative to ensure that when you are busy in the summer months cleaning the mulch or mowing the grass, that you know how to act in the unfortunate event that you may be injured.  

 

If you or a loved one has been hurt at work, call Stern & Cohen at (215) 999-1443 or fill out a contact form below to get in contact with a Pennsylvania Workers’ Compensation Attorney.