In addition to the Workers’ Compensation Act, there is the Heart and Lung Act that applies to a significant number of employees in the Commonwealth of Pennsylvania. It is important to understand how these two Acts differ, and how they can work together. Generally...
Notify Your Employer The very first thing you should do is report your injury to a supervisor. The Pennsylvania Workers’ Compensation Act requires you to give notice to your employer, such as your boss, supervisor, or HR department. Telling your co-worker is not...
At Stern & Cohen, many of our clients come from the healthcare industry. We understand that a job in the healthcare field is not only mentally draining, but physically demanding as well. Whether you are working in a hospital, emergency department, doctor’s office,...
Oftentimes when a worker is injured, they want to know if they are allowed to work while receiving workers’ compensation benefits. This really depends on the status of your case. There are some circumstances in which you may be able to work in a limited or part-time...
There may come a time when your employer tries to suspend, or stop, your Workers’ Compensation benefits that you have been receiving as a result of a work injury. According to the Pennsylvania Workers’ Compensation Act, your employer can suspend your compensation...
Under the Pennsylvania Workers’ Compensation Act, injured workers are entitled to wage loss (“indemnity benefits”) based on the earnings at the time of injury. Generally speaking, indemnity benefits are calculated based on two-thirds (2/3) of your average...
Sometimes when an employer has accepted liability for a work-injury, they have either incorrectly described the injury or not listed the complete extent of an injury. The good news is your employer has at least accepted liability and you are likely getting some of the...
If you sustain a work injury, you may receive a letter from your employer requesting you appear for an Independent Medical Examination (“IME”). Under the Workers’ Compensation Act, employers may, and often do, request their injured employees to submit to a physical...
The simple answer to this question is “yes”. However, it is important to understand how the Act works and what is needed to prove that you sustained a psychological injury. Psychological injuries fall into three discrete areas and are compensable if the elements...
In order to establish a right to compensation, the Workers’ Compensation Act requires: (1) an employment relationship; (2) during which an accident or injury arises; (3) in the course of employment; and (4) is related to the employment. However, it is not always...
TERMINATION PETITION You are injured on the job and your Employer accepts the work injury by issuing a Notice of Compensation Payable (“NCP”). You are going to physical therapy and seeing an orthopedist to treat the work injury. During that time, you are being paid...
You may have a Workers’ Compensation claim without even knowing it. An injury used to be defined as “violence to the physical structure of the body.” Now in the realm of workers compensation, an injury is no longer just an accident that results in a physical...
Many people who receive medical treatment under the Workers’ Compensation Act, regardless of whether their employer initially accepted their claim or if your case has gone through a round of litigation, may at some point receive a notice of Utilization Review (“UR”). ...
This is a question that we are often asked by our clients – and it makes sense. You are unable to work because of an injury and now, in addition to being in pain and dealing with your injury, you no longer have an income to support yourself or your family. Work...
The COVID-19 global pandemic is the largest public health catastrophe in over 100 years. It has resulted in catastrophic loss, serious illness, and a taxing impact on our nation’s healthcare system. The pandemic has also resulted in a serious impact on our...
The answer to this question – like most questions in the law – is “it depends.” Generally speaking, Pennsylvania workers’ compensation is a “no-fault” system. In other words, regardless of fault, if you get injured at work,...
This is a very common question that I get from new and existing clients. The answer is very simple: “yes.” Insurance companies have the right to conduct surveillance on the activities of an injured party that is making a claim for monetary/medical...
This is a very common question I get from clients. First of all, before addressing the question, let’s recall that workers’ compensation has generally two components: payment of medical bills and the payment of lost wages. So, if your injuries do not...
