Category: Uncategorized

August 29, 2023 • 4 minutes to read

Heat on the Job 

Outdoor jobs inherently pose risks regardless of the season. However, those risks are greatly increased during the summer due to the possibility of heat stroke, dehydration, heat exhaustion, and many other ailments, including the possibility of death. As summer is nearing an end, check out some information on work heat-related injuries and fatalities. 

As stated previously, outdoor jobs during the warmer months carry a higher risk of fatalities and injuries. Some examples of outdoor jobs include, but are not limited to, construction workers, farmers, and landscapers. These are great examples of year-round, physically demanding outdoor jobs. Working a strenuous job has its own risks. However, the likelihood of injury and/or death increases significantly when you factor in a hot summer day.  

 

Heat-Related Illnesses 

According to the Bureau of Labor Statistics, there were 436 workplace fatalities reported between 2011 and 2021 that were attributed to exposure to extreme heat at work. This averages about 40 deaths per year. Many experts claim that this figure is inaccurate as it does not account for the total number of workplace deaths caused by heat exposure, not only deaths directly related to heat-related illnesses.  

In addition to the risk of developing the heat-related illnesses previously listed, employees also run the risk of developing cognitive issues that could result in serious bodily injury or death. It is more than likely that this figure may not be accurate as the heat can cause other health issues that are not specifically related to heat. These health issues include heart attacks, strokes, etc. Therefore, it is very likely that even if these health problems were caused by the heat, they were not reported in the reports as heat-related deaths. 

 

How Do I Know if Workers’ Compensation Applies? 

In Pennsylvania, workers’ compensation matters are governed by the Pennsylvania Workers’ Compensation Act. In order to be eligible for workers’ compensation benefits, the Act requires that the injury must occur in the course and scope of your employment. Let’s use an example of outdoor jobs and the heat. Say John is a construction worker building a new home in late July. He is working on the roof of a new house at noon when the sun it at its brightest and the heat index has reached 100°F. He eventually begins to experience a severe headache, nausea, confusion, and dizziness. His coworker escorted him from the roof, John informed his supervisor of what happened, and he was taken to the hospital. The hospital runs tests on John to determine the cause of his symptoms. They determined that John suffered from a heat stroke and that his symptoms were brought on by working in the heat. John might be eligible for workers’ compensation benefits in a situation like this. 

As with any workers’ compensation matter, 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 for the Summer Heat? 

As our summer temperatures continue to reach record highs, it is anticipated that the number of work-related heat-related injuries and fatalities will increase. Here are some tips on how to prepare to work in the summer heat:  

• Check the forecast the night before or morning of your shift to be aware of what the weather will be during your shift.  

• Bring an adequate amount of water.  
• Take breaks as needed.  
• Wear protective clothing and sunscreen. 
• Try to stay in the shade and out of the sun as much as possible.  
• Try not to be alone in the heat. If you begin to fall victim to cognitive issues arising from heat-related illnesses, it may be impossible for you to help yourself. 

• And most importantly, listen to your body. Be sure to monitor how you feel and be aware of the symptoms of heat-related illnesses. 

 

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. 

At the beginning of the 20th century, employees did not have workers’ compensation in the state of Pennsylvania. During that era, an employee’s only legal recourse to being injured at work was to establish negligence through torts law, which proved far more challenging in practice than in theory. Legal proceedings of the time were often stacked in favor of the employers, who could avoid liability in most circumstances.

An Issue Emerges for PA Workers

One issue was that an employee could not win their case if they were in any way at fault for the accident. An even more egregious issue was that the employee also could not win if a fellow employee was at fault for the accident. A saving grace for employees did exist in that these cases used to be heard in front of juries. The juries of the time were often very pro-labor and would often award the employees large settlements when they were able. This created an unpredictable situation where employers were seldom held accountable; however, when the rare instances of liability did occur, the consequences inflicted a significant impact.

An Answer is Found in Pennsylvania

This all changed in 1915, when the Commonwealth of Pennsylvania passed the Workers’ Compensation Act of 1915. The Act established a compromise wherein employers would assume liability regardless of fault, but in exchange, they would receive immunity from tort liability. Now, a worker would be protected so long as:

• They were an employee
• The injury arose in the course of employment
• The injury and any disability are causally connected to work

The Act also set forth what a worker could recover, typically two-thirds of lost weekly wages and medical expenses. Additionally, it created a dispute resolution system that was administered by the Department of Labor & Industry and presided over by workers’ compensation judges. This benefited employers by removing unpredictable juries and benefitted employees by creating a specialized system to hear their claims.

 

Different Answers for Different Times

Since its inception, time has changed the Act through various court decisions and additional pieces of legislation.

In 1937, the Occupational Disease Act of 1937 updated the Act to allow protections for occupational diseases such as black lung. Today, there are over 35 occupational diseases covered by the Act.

Protections were expanded again in 1972 when the PA legislature introduced multiple amendments to the Act. These amendments gave workers the freedom to choose their medical care, raised weekly benefit rates, restructured the dispute resolution process, and perhaps most importantly it expanded the compensable event from ‘accident’ to ‘injury.’

This last change in particular expanded liability, especially when in 1987 the PA Supreme Court defined the term ‘injury’ as any ‘adverse and hurtful change.’ Beginning in 1993, the Act began to instead be amended in ways that retracted benefits to workers.

A 1993 amendment saw the introduction of utilization reviews and fee caps to ensure that the medical expenses employers and insurance providers paid were truly necessary.

Another big change occurred in 1996, when the PA legislature amended the Act to allow compromise settlements and to allow workers to tender releases.

The impact of compromise settlements was then furthered in 2006 with the introduction of mandatory in-house mediation.

In Conclusion

In conclusion, the history of workers’ compensation in Pennsylvania reflects a transformation in the legal landscape that aimed to address the challenges faced by injured employees at the beginning of the 20th century. Prior to the Workers’ Compensation Act of 1915, the burden of proving negligence through torts law often favored employers, creating an environment where accountability was rare. However, the introduction of the Act marked a turning point by establishing a compromise that held employers liable while granting them immunity from tort liability. Subsequent amendments over the years have further refined the Act, expanding protections, addressing occupational diseases, and introducing dispute resolution mechanisms to ensure fair compensation for workers. Although the Act has undergone changes that have both expanded and retracted benefits, it remains a vital legal framework that continues to shape the landscape of workers’ rights in Pennsylvania.

 

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. 

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. 

When you think of a law firm, you might imagine a team of lawyers working tirelessly to defend their clients’ rights. However, behind every successful attorney is a team of legal assistants who work diligently to ensure that cases are properly prepared and managed. In a workers’ compensation law firm, legal assistants play a crucial role in helping injured workers obtain the compensation they need to recover from their injuries. In this blog post, we’ll take a closer look at the role of a legal assistant at a workers’ compensation law firm including items like: organizing medical records, indexing medical evidence, scheduling depositions, and communicating with clients.

 

Organizing Medical Records 

One of the most important tasks of a legal assistant in a workers’ compensation law firm is organizing medical records. When a worker is injured on the job, their medical records become a critical piece of evidence in their workers’ compensation case. Legal assistants are responsible for gathering and organizing these records so that they are easily accessible to the attorneys working on the case. This can include requesting medical records from doctors and hospitals, organizing the records in a logical order, and ensuring that they are properly labeled and indexed.

 

Indexing Medical Evidence  

Legal assistants are also responsible for indexing documents for the worker’s attorney and opposing counsel. In a workers’ compensation case, each party will want to review the medical records and other evidence presented by the injured worker’s legal team. Legal assistants must ensure that all the documents are properly organized and labeled so that they can be easily reviewed by the worker’s attorney and opposing counsel. This is an important part of the legal process, as it helps ensure that both sides have access to the same information and can make informed decisions about the case.

 

Scheduling Depositions  

Legal assistants also play an important role in scheduling depositions. In a workers’ compensation case, there may be many different events that must be attended. Legal assistants are responsible for scheduling the events, such as depositions, and ensuring that all the necessary parties are notified. They may also be responsible for scheduling depositions with medical experts, vocational experts, and other professionals who may be involved in the case.

 

Communicating with Clients

Legal assistants may also be responsible for communicating with clients in a workers’ compensation law firm. This can include answering phone calls and emails, scheduling appointments, and providing updates on the progress of the case. Legal assistants must be able to communicate effectively with clients, providing them with the information they need and addressing any concerns they may have.

In conclusion, legal assistants play a vital role in the success of a workers’ compensation law firm. From organizing medical records to managing case files, legal assistants are responsible for a wide range of tasks that help ensure that injured workers receive the compensation they need to recover from their injuries.

 

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.