Month: November 2023

As the winter months approach and the cold weather makes it way to Pennsylvania, it is time to start preparing for the holidays and ensuring that you are getting your winter clothing ready. This also means that it is the time of year in which snow, ice, sleet, and a number of other weather-related complications could arise, and these complications can result in workplace injuries. These injuries could be as simple as slipping on ice or injuries arising from shoveling snow to hypothermia or frostbite. So, as the temperatures drop and festivities begin, it is important that you are aware of your workers’ compensation rights if you end up suffering from a winter work injury, especially if you work outdoors. 

Which injuries should you be looking out for? 

• Slipping/tripping and falling on snow or ice injuries as these injuries could result in severe spinal and head injuries among others.  
• Electrocution injuries resulting from downed power lines. 
• Car accidents caused by snow or ice.  
• Hypothermia, frostbite, and inflamed blood vessels as a result of cold exposure.  
• Other falling injuries such as falling off of roofs or down steps.  

Who is most likely to be exposed to harsh winter conditions and related injuries? 

• Snow removal personnel 
• Emergency responders 
• Utility workers 
• Construction workers 
• Maintenance workers 
• Truck/Delivery drivers 

How Do I Know if Workers’ Compensation Applies?  

To be eligible for workers’ compensation benefits, the Pennsylvania Workers’ Compensation Act requires that the injury must occur in the course and scope of your employment. This simply means that for the injury to be compensable, you must either (1) be working when the injury occurs or (2) on the employer’s premises when the injury occurs, and you are required to be on the premises by the employer. The premises of an employer do not just entail the inside of the building itself; it also includes both on-site parking lots and off-site parking lots, sidewalks, and pathways. Therefore, you can receive compensation for frostbite that occurs while you are using the employer’s machine outside because you were working when the injury occurred. You may also be compensated for an injury that occurs when you step outside for a breath of fresh air at work and slip while in the employer’s parking lot as you are required to be on the employer’s premises during work hours and the premises is where the injury.  

However, you need not be on site for a work injury to be compensable. For example, if your employer directs you to travel by motor vehicle to a jobsite, and the vehicle slides on ice which results in you becoming injured, the injury will be compensable. Another example would be if you travelled from home to home performing snow removal duties, and you were injured while using a snowblower.  In both examples, while you were not specifically on the premises of the employer, you were engaged in furthering the employer’s interests and considered to be working. Of course, there are some caveats to these generalities, and it is very important to understand that entitlement to benefits is fact-specific and there is no “one size fits all” answer to your entitlement. Thus, it is important to speak with an experienced attorney to discuss the facts of your case.   

What Can You Do to Be Prepared?  

• Check the forecast the night before or morning of your shift to be aware of what the weather will be before, during, and after your shift.   
• Do not be afraid to ask for help with job duties.  
• Take breaks as needed.   
• Wear warm clothing and proper footwear.  
• Try to stay in the shade and out of the sun as much as possible.   
• Try not to be alone in the cold.  
• Listen to your body. Be sure to monitor how you feel and be aware of the symptoms of extreme cold exposure. 

Thus, it is imperative to ensure that as you prepare for the winter months and begin buying presents or putting up decorations, you know how to act in the unfortunate event that you may be injured. Always remember to report your work injury to a supervisor immediately even if you are uncertain about whether the injury is compensable.

  

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. 

November 9, 2023 • 4 minutes to read

Every day, workers suffer workplace injuries that result in lost wages, medical bills, and other expenses. If you have been hurt, you are entitled by law to receive benefits in Pennsylvania. However, there are time limits for filing a workers’ compensation claim. These time limits refer to the Pennsylvania Workers’ Compensation Statute of Limitations – the law that places time constraints on when you can file a claim.  

The Statute of Limitations for Workers’ Compensation Claims in PA 

The statute of limitations is the length of time an injured worker has to formally file a Workers’ Compensation claim. In Pennsylvania, the limitation period is three years from the date of injury. If you have been injured on the job and denied medical benefits or lost wages, you must file a claim within three years from the date you were injured. Any petitions filed after three years will be barred forever and prevent you from collecting benefits for your injuries. While three years may seem like a long time, it can take months or longer for injuries to be discovered and evaluated. Time can pass quickly while undergoing treatment and rehabilitation because all the responsibility is on the injured worker.  

The Difference Between Filing a Claim and Notifying My Employer 

While injured workers have three (3) years to file a claim, injured workers must also report their injury to their employer in a timely manner. An injured worker must report the injury within 120 days. After that, the injured worker is not eligible to receive benefits. If an injured worker reports the injury within 21 days, the worker is entitled to benefits from the day of the injury. After 21 days, the worker is only eligible for benefits from the day they report the injury. 

Regardless of the injury or circumstances, an injured worker wants to report the injury and see a doctor to create a record that the injury is work-related.  

What to Do if Injured at Work to Make Sure a Timely Claim Is Filed 

1. Seek medical treatment

2. Notify your employer of your workplace injury

3. Identify all witnesses

4. Take pictures of the conditions at the scene of the accident

5. Take pictures of the injuries you sustained

6. Write down as much as you can remember about the workplace accident 

7. Get a free consultation with an experienced workers’ compensation attorney

Exceptions to the Statute of Limitations 

Pennsylvania’s workers’ compensation statute of limitations is a general rule and there are some exceptions. An exception means the time frame of three years may be adjusted based on certain facts.  

Once an injured worker has established an attorney-client relationship with a trusted and knowledgeable law firm that handles Pennsylvania workers’ compensation claims, these exceptions can be discussed and evaluated to see if they apply to the case. It may be a legal issue the lawyer has to consider and determine how it impacts the three-year statute of limitations. 

Here are some of the exceptions to the three-year statute of limitations: 

• Employees who have been given some sort of payment or benefits “in lieu of compensation” have three years from the date the last payment was made within which to file a claim. 
• If the employer has paid medical expenses related to a work injury, the three-year limitations period may be paused during the time payments were made, as long as the employer intended to satisfy their obligation under Pennsylvania’s Workers’ Compensation law. 
• With certain types of injuries, if an employer or their insurance carrier misrepresents that a claim has been approved, the three-year limitations period will not begin running until the injured worker realizes they were injured, and that the injury was work-related. 
• Specific injuries have special rules that apply: 
  • If an injured worker suffers from occupational hearing loss as a result of long-term exposure to hazardous noise levels, the worker may bring a claim within three years of the last day they were exposed to excessive volumes at work. 
  • If a worker has been injured as a result of exposure to dangerous chemicals or toxins, they may be entitled to compensation. Workers who were exposed to the following have filed successful Workers’ Comp claims: 
    • Asbestos 
    • Chemicals 
    • Dust 
    • Fumes 
    • Lead 
    • Mold 

For occupational exposure injuries, the disability period must begin within 300 weeks (about 5 and a half years), from the last exposure to the hazardous chemical. 

  

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. 

November 9, 2023 • 2 minutes to read • Philadelphia, Pennsylvania

Stern & Cohen is thrilled to announce an exciting new partnership with the Philadelphia 76ers, one of the most iconic franchises in the NBA. This collaboration marks a significant milestone for our law firm, and we are delighted to be associated with a team that shares our commitment to excellence and community.

As a leading workers’ compensation law firm in Philadelphia, Stern & Cohen has always been committed to advocating for the rights and well-being of injured workers. Our partnership with the Philadelphia 76ers represents an opportunity to raise awareness of the importance of worker protection and to support the team’s outreach efforts in the community.

This announcement follows closely on the heels of the 76ers’ recent lineup of new sponsors, which includes Moderna, BetMGM, IBC, and CHOP, as reported in this article by the Philadelphia Business Journal.

Stern & Cohen’s partnership with the 76ers is a testament to the team’s forward-thinking approach and their willingness to collaborate with organizations that share their values.

Our collaboration with the 76ers opens up exciting avenues to engage with fans, both within the arena and beyond. Stern & Cohen will work closely with the 76ers to develop initiatives that not only highlight the team’s rich legacy but also shed light on the vital issues surrounding workers’ compensation. We look forward to igniting conversations about worker rights and safety among the fanbase and the community.

  

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.