Category: Workers Compensation

March 28, 2024

Stern & Cohen Leads Workers’ Compensation Section of the Philadelphia Bar Association

At Stern & Cohen, we deeply value the collective accomplishments of our team members. It’s with immense pride that we acknowledge the ongoing presence of three of our Associate Attorneys in leadership roles within the Workers’ Compensation Section of the Philadelphia Bar Association. This not only underscores the exceptional abilities of Attorneys Chloe Murray, Katy Luchansky, and Ariel Silverman but also serves as a testament to the enduring character and values that shape our firm’s identity.

Having three attorneys representing Stern & Cohen in leadership roles within such a prestigious organization emphasizes our firm’s unwavering commitment to excellence, professionalism, and community engagement. It reflects the depth of expertise and the caliber of talent that we cultivate within our ranks.

Our firm’s presence in leadership positions within the Workers’ Compensation Section demonstrates our dedication to staying at the forefront of legal developments and best practices in this specialized field. It showcases our proactive approach to advocating for our clients’ rights and shaping the future of workers’ compensation law.

Furthermore, this achievement demonstrates the supportive and collaborative environment fostered at Stern & Cohen. It speaks to our culture of empowerment and mentorship, where every team member is encouraged to reach their fullest potential and make meaningful contributions to both our firm and the broader legal community.

As we continue to uphold our firm’s values and ethos, we extend our sincere appreciation to Chloe, Katy, and Ariel for their consistent leadership and dedication. Their ongoing contributions not only inspire our team but also solidify Stern & Cohen’s standing as a prominent entity within the legal profession.

Stay tuned for more updates as we continue to strive for excellence and make a positive impact in the field of workers’ compensation law.

Did you know Stern & Cohen can help you and your loved ones with any legal need? We have relationships with the finest injury lawyers in the area and can help our clients, family and friends with ANY type of case. 

Call Stern & Cohen at (215) 999-1443 or fill out a contact form below to get in contact with a Pennsylvania Workers’ Compensation Lawyer, today. 

Updated March 27, 2024 | 4 minute read

Workers’ compensation law is constantly changing to account for modern technology, new medical discoveries, and new workplace conditions. The following issues have been recently decided in Pennsylvania, changing how workers’ compensation law operates and is decided.  

1. Medical Marijuana Reimbursement 

Employers must pay for or pay back employees’ medical treatment costs resulting from a workplace injury in Pennsylvania. In 2016, the Medical Marijuana Act gave employers the option to pay for medical marijuana or not. However, it was unclear whether employers could pay back employees for their medical marijuana expenses related to work injuries. A court decided that even though the law doesn’t require employers to cover medical marijuana, they must pay back their employees for its expenses if they do decide to cover it. Fegley v. Firestone Tire & Rubber, 291 A.3d 940 (Pa. Cmwlth. 2023). 

2. Limiting Coverage for Consequential Injuries

If an employee gets hurt while working, their employer is responsible for any additional injuries resulting from the first injury. To get coverage for a following injury, in the past, the Court simply asked, “Would the second injury have happened if the first injury had not occurred?” But now, the Court may require more evidence to prove the injuries are related. In a recent case, the Court decided that a fall suffered by an employee after returning home from treatment for a workplace injury was not covered under workers’ compensation. This decision may make it harder for employees to get compensation for later injuries that happen because of their original workplace injury. Broomall v. Alpha Sintered Metals, LLC (Workers’ Comp. Appeal Bd.), 295 A.3d 743 (Pa. Commw. Ct. 2023) 

3. The Long-Utilized “Red Book” Standard Is Set Aside.

According to Pennsylvania’s Worker’s Compensation Act, most prescription drugs in workers’ compensation cases are paid for at a price that’s 110% of the Average Wholesale Price (AWP). To calculate this AWP, the Bureau of Workers’ Compensation has traditionally used a book called the “Red Book,” which shows the average prices of different medications. However, the prices of prescription drugs have been increasing rapidly, which has resulted in the AWP numbers in the Red Book being higher than what pharmacies actually charge. Recently, the Pennsylvania Commonwealth Court ruled that the Red Book’s AWP was not accurate and, as a result, invalid. This means that the Bureau of Workers’ Compensation needs to find a new way to determine prescription AWP. However, the Court did not provide any guidance on how to do this, so everyone is currently unsure how to figure out an AWP and calculate it. Federated Ins. Co. v. Summit Pharmacy (Bureau of Workers’ Comp. Fee Review Hearing Office), 2024 Pa. Commw. LEXIS 1 (Commw. Ct. Jan. 2, 2024). 

4. The Court Applies a Physical and Mental Standard to Full Disability Case.

Workers’ compensation is hard to obtain when one suffers from a mental health injury instead of, or more prominently than, a physical injury. Because of this, courts are hesitant to award damages when an employee is mainly affected psychologically by their injury. Recently, however, the Pennsylvania Commonwealth Court broke this tradition and awarded full disability to an employee with PTSD because of a workplace injury. The Court applied a physical/mental standard that requires an employee to show that their mental injury resulted from a triggering physical injury. The Court expanded on this standard, saying that the physical injury that causes the mental injury does not need to be severe; it only needs medical treatment. This decision paves the way for more mental health acknowledgment in workers’ compensation law. Sch. Dist. of Phila. v. Smith (Workers’ Comp. Appeal Bd.), 304 A.3d 58 (Pa. Commw. Ct. 2023).  

5. Representative Tim Brennan Offers up a New Bill That May Fix a Hole in the Pennsylvania Workers’ Compensation Act.

Currently, the Workers’ Compensation Act only provides relief to employees who experience disfigurement to the head, neck, or face. This relief cannot be provided for longer than 275 weeks (about 5 and a half years). Representative Brennan brought House Bill 930 to provide a broader range of relief to employees for a more extended period. If this bill is passed, employees who experience disfigurement on any part of their body will be eligible for benefits that can last up to 400 weeks (about 7 and a half years). Additionally, these benefits will no longer be tied to total or partial disability, allowing employees to receive both types of benefits if they qualify. The bill has passed the first committee and is now awaiting review from the Chamber of Representatives. 

Have you been injured 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 Lawyer, today. 

March 6, 2024

Are You Eligible?

One extremely common source of workplace injury is motor vehicle accidents (MVA). However, whether you’ll be eligible for workers’ compensation coverage for an injury sustained in a wreck depends on several factors, primarily whether you were performing work duties at the time of the accident. Determining whether you were within the course and scope of your employment when you were injured is a complex analysis. As a result, it is a good idea to contact an experienced workers’ compensation attorney if you have any questions about whether your work-related injury makes you eligible for workers’ compensation.  

There are some common scenarios which will render you eligible for workers’ compensation. For instance, you are likely to be entitled to benefits if you were injured while driving a company vehicle for a work-related task, transporting a fellow employee, or driving to a work activity. Driving a company vehicle is a relatively clear-cut case; however, it is also possible for you to be eligible for benefits if you were driving a personal vehicle at the time of the accident. If you were driving your personal vehicle as a regular part of your job duties or running a work-related errand, like picking up food or coffees for your office, you can qualify for workers’ compensation

Scenarios That Will Likely Make You Ineligible 

On the flip side, certain activities can render you ineligible for workers’ compensation. Generally, if you were doing something illegal when the accident occurred or were involved in a wreck during your daily commute to or from your office, any resulting injuries are likely not covered by workers’ compensation. However, it is important to consult an attorney if you think this may come up in your case, as there may be ways to address some of these issues.

What if I Don’t Have a Fixed Place of Work?

Depending on the specifics of your job, you may be entitled to workers’ compensation if you are injured while traveling to or from work. This may occur if you have no fixed place of work. For example, if you are a mobile service provider who uses a company vehicle to complete work in a variety of locations, or if you are a work-from-home employee who comes into the office occasionally, you may be eligible for workers’ compensation if you are injured while driving to or from work.

What to Do if You Get into a Motor Vehicle Accident on the Job

Car accidents can be chaotic and disastrous, making it essential to be prepared if you’re involved in one. First, be sure to attend to any urgent medical needs. Call 911 if the accident was serious and be sure to get a copy of the accident report as evidence. Document the scene by taking photos and get the information of any other drivers involved in the accident, as well as eyewitnesses. Once you are somewhere safe, notify your employer as soon as possible that you have been involved in an accident on the job and tell them about any injuries you may have incurred or any pain you are experiencing. Ask your employer for a list of company doctors and see one within ninety days of the accident.  

It is important to note that there is a 120-day deadline for filing a claim for workers’ compensation for work-related car accidents. You should report your accident to your employer and consult a workers’ compensation attorney as soon as possible to ensure you get the maximum benefits to which you are entitled. Additionally, an attorney can advise you on whether you can file a third-party claim against any other parties involved in the accident. While workers’ compensation is the sole avenue of relief against your employer, it does not preclude you from filing a third-party claim against, for instance, another driver involved in the wreck. Regardless of whether you may want to pursue a third-party claim, it is important that you consult an attorney to get the process started and get advice on what types of relief you can seek. 

Throughout the entire process, we’re here to help you.  Call Stern & Cohen at (215) 999-1443 or fill out a contact form below to get in contact with a Pennsylvania Workers’ Compensation Attorney. 

February 22, 2024

While it is illegal to discriminate against workers based on their immigration status under the Immigration and Nationality Act, far too many undocumented workers remain unaware of their protections or are understandably afraid of asserting their rights. Unscrupulous employers can take advantage of this, so it is important for workers to be informed about the protections to which they are entitled. One area in which this can have a significant impact is that of workers’ compensation.  

In Pennsylvania, all workers, whether immigrants or U.S. citizens, can receive workers’ compensation. The Pennsylvania Workers’ Compensation Act does not differentiate between workers based on their immigration status. However, there are some important factors which should be considered, as well as potential hurdles which may be encountered when attempting to access benefits.  

Partial Disability Benefits

Non-citizens, regardless of their immigration status, are eligible for workers’ compensation in Pennsylvania. However, non-citizen workers should be aware that they are ineligible for wage loss benefits unless they are totally disabled. This means that if the insurance company can prove that you are not a citizen and that you are able to work in some capacity, you are not entitled to workers’ compensation benefits. If your doctor releases you to work in some capacity and the insurance company submits evidence that you are not a citizen, it becomes much more difficult to obtain or keep workers’ compensation benefits. The insurance company is not entitled to know whether you are a citizen. It is very important to have a lawyer by your side in these scenarios, as they become complex. 

Future Wage Loss Benefits

Again, while all employees in Pennsylvania, regardless of their immigration status, are protected under the Pennsylvania Workers’ Compensation Act, your employer’s insurance company has several creative arguments at their disposal if you are an undocumented or non-citizen employee. For instance, they may try to argue you are out of work due to your status, not your injury, to deny benefits. Additionally, if your work injury has caused permanent disability, the insurance company may attempt to claim that your loss of future wages is due to your immigration status preventing you from securing future employment, not your disabling work injury. It is important for you to consult an attorney, who will be able to anticipate and develop counterarguments to these and other tactics to deny you your benefits.   

Misclassification

The Pennsylvania Workers’ Compensation Act exempts some categories of workers from protection, including those not classified as “employees”, like independent contractors. However, some employers misclassify their employees as independent contractors to avoid providing certain protections like workers’ compensation, abide by minimum wage and overtime requirements, and pay certain taxes. Misclassification is a prevalent issue affecting nearly all sectors, and undocumented workers and those employed under-the-table are often impacted by misclassification.  

It is important to note your employer does not have the final say when it comes to whether you are an employee or an independent contractor for the purposes of a workers’ compensation claim. When evaluating how you should be characterized, a Workers’ Compensation Judge will consider the degree of control your employer maintains over your work, among other factors. If you have relatively little say over the work you do, including whether to accept or turn down jobs, it is more likely that you should be categorized as an employee. Conversely, if you make many of the decisions surrounding your work, it is more likely that you will be categorized as an independent contractor. If you suspect that you have been incorrectly categorized as an independent contractor, or if your employer is attempting to deny you workers’ compensation benefits on the basis that you are not an employee, contact an attorney to discuss whether you have been misclassified.  

Threats and Retaliation

While many workers fear repercussions for filing workers’ compensation claims, undocumented and immigrant workers are particularly vulnerable to retaliation. However, it is illegal for an employer to retaliate against an employee for filing a workers’ compensation claim.  If you think that your employer or an insurance company has retaliated against you because you have filed a workers’ compensation claim, or if you are threatened with any type of retaliation at any point in the process, including termination, immigration consequences, or threats to notify immigration authorities about your status or lack thereof, contact an attorney right away for guidance. 

Know your rights as an undocumented or immigrant worker.  Throughout the entire process, we’re here to help you.  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 Ariel Silverman | February 15, 2024

Are you a hair stylist? Or a nail technician? Another type of beautician? Are you working day in and day out with your hands? Are you constantly in the same position? Are your hands cramping? Is this causing you pain? If you answer yes to any of these questions, contact us at Stern & Cohen because you may have a carpal tunnel Workers’ Compensation Claim. 

What is Carpal Tunnel Syndrome? 

Carpal tunnel syndrome is a condition that causes numbness, tingling, and pain in the hand and forearm.  

Causes of Carpal Tunnel Syndrome 

This pain is caused by pressure on the median nerve, which runs along the palm side of the hand. Carpal tunnel syndrome is primarily caused by repetitive motions or movements, injuries, medical conditions, or genetics.  

Symptoms of Carpal Tunnel Syndrome 

The most common symptoms of carpal tunnel syndrome include: 

• • Tingling in the fingers 
  • A “pins and needles” feeling in the fingers or hand  
  • Pain or numbness in the hand or arm 
  • Weakness in the hand or arm 
  • Difficulty gripping or grabbing objects 

Why Do Hairstylists and Nail Technicians Get Carpal Tunnel? 

Hairstylists and nail technicians are constantly repeating the same motions or movements with their fingers, hands, wrists, and arms. A hair stylist may spend all day washing, cutting, dying, and blow-drying hair, whereas a nail technician may spend all day cutting and painting nails. In either situation, the individual repeats the same tasks repeatedly. These repetitive and forced movements put pressure on the median nerve, and unfortunately, oftentimes results in developing carpal tunnel. 

Can Hairstylists and Nail Technicians Have a Workers’ Compensation Claim?  

Absolutely. A carpal tunnel Workers’ Compensation Claim may result from a traumatic accident at work, such as a wrist fracture. However, a carpal tunnel Workers’ Compensation Claim does not have to be from a single trauma or caused by a sudden onset of pain. Instead, symptoms can develop slowly over time. Many people do not even realize that the aches and pains associated with their daily repetitive job duties may be the early signs of a serious syndrome or work injury. 

More often, as seen with hairstylists and nail technicians, a carpal tunnel Workers’ Compensation Claim will stem from repetitive hand movements. These hand movements are fundamental to hairstylists and nail technicians and are part of their daily job duties. There is no way to avoid it, but hopefully now, you can be proactive and aware of the onset of carpal tunnel syndrome. 

In sum, if you suspect carpal tunnel syndrome or have developed any symptoms in your hands and arms while performing your work duties, you may be eligible for a carpal tunnel Workers’ Compensation Claim.  

Throughout the entire process, we’re here to help you.  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 | January 24, 2024

Workers’ compensation is a high-volume practice, meaning that, sometimes attorneys will treat your case as just another number, or won’t know the facts of your case, or just simply don’t have the time to give your case the attention you need or deserve. This is not the type of lawyer you want to represent you.

Finding a Lawyer That Has Your Best Interest

It is important to find a workers’ compensation attorney that has your best interest in mind. This means a few things:

1. 1. First, you need to find an attorney who is willing to tell you the truth. If your case is worth $5,000.00 or $5,000,000.00, you need to ensure that the attorney you choose will always be forthcoming about the value of your case. Your lawyer should always tell you the pros and cons of your case, and why they believe you may or may not win your case. Many lawyers will tell you what you want to hear to get you to take a settlement so that your lawyer gets money in his or her pocket or can move on to the next case. You must ensure you have a lawyer that is doing what is in YOUR best interest, not his or hers. 

 

1. 2. Furthermore, you need an attorney who is willing to take the time and treat your case with the upmost importance. As stated above, workers’ compensation lawyers typically have a higher case load than attorneys who practice in other areas. This is because the workers’ compensation system moves very fast compared to other areas. This does not mean that your case is not important, and you should never hire an attorney that will not pay close attention to your case. A good and competent attorney will give you and your case the time of day. A good and competent attorney will advocate to the Judge on your behalf even if your case is not perfect. A good and competent attorney will address all questions or concerns you have, no matter how big or small. A good and competent attorney will know what is going on with your case throughout the entirety of the litigation.

 

1. 3. Finally, you need an attorney you can trust. Of course, trust means you can tell all your legal issues to your lawyer—whether helpful or harmful to your case—with no fear that attorney-client privilege will be broken. However, having a lawyer you can trust also means that you are confident they will handle your case properly and zealously advocate for you. This may mean deposing a competent medical expert on your behalf, ensuring that deadlines will always be met without you needing to check in, and using his or her expertise to best represent you. Too often, injured workers call their lawyers asking when their next hearing or deposition is, only to learn that the attorney completely forgot to schedule it!

Your Case Matters

Due to the high volume that this practice tends to produce, some lawyers forget that these cases involve real people—real people whose lives have been upended due to a work injury. You need a lawyer who will always be in your corner, fighting for the rights that you deserve but one who will always be honest about your claim.   

Hiring a lawyer who you can be confident in usually requires hiring a lawyer with experience and expertise. A good lawyer usually comes with high regards from prior clients—ask around, do a Google research, browse firm websites. You can usually learn a lot about your potential lawyer’s credibility.  

When you hire Stern & Cohen, you will quickly see that the lawyers here are those you can trust, will advocate on your behalf, and will be available for all your workers’ compensation needs. 

Throughout the entire process, we’re here to help you.  Call Stern & Cohen at (215) 999-1443 or fill out a contact form below to get in contact with a Pennsylvania Workers’ Compensation Attorney. 

If you have ever watched a law show on television, you may have seen a courtroom trial with witnesses. The lawyers ask questions, and the judge makes rulings. It can be dramatic even if you are watching at home. If you are an injured worker with a workers’ compensation case, you may find yourself in a hearing of your own someday. Luckily, we’re here to help alleviate any stress and reduce the dramatics.  

Why Would I Need a Workers’ Compensation Hearing?

Oftentimes, workers’ compensation cases end in a settlement between the employee and the workers’ compensation insurance company. However, when the parties can’t resolve their dispute, a hearing might be necessary. 

How Do I Prepare?

You and your attorney will spend some time together preparing for your case. It will involve reviewing the facts, your testimony, and the medical records. Ensuring you have provided your attorney with all the records is essential.  

What Happens at a Workers’ Compensation Hearing?

At a workers’ compensation hearing, both sides have the opportunity to present evidence and witnesses. Like a civil trial, workers’ compensation hearings require all parties to be present before a judge and the introduction of evidence in the form of documents and witness testimony. The lawyers will also make legal arguments to the judge. 

There will be a few people in the courtroom – you, your lawyer, the employer’s insurance company, their lawyer, and of course, the workers’ compensation judge. Other people may also be there including a court reporter, witnesses who will testify, a representative from your employer, and an insurance company representative.  

Most hearings take a few hours, but more complicated cases may take a few days.  

What Kind of Evidence Is Presented?

The type of evidence presented at a workers’ compensation hearing will vary depending on the specific facts of your case. Evidence typically includes medical records, witness testimony, and expert opinions.  

Both sides may give the judge documents to review. These may include: 

• Medical records 
• Unpaid medical bills 
• Evidence of your lost wages via pay stubs from just before your injury 
• Personnel and other employment records 
• Depositions and reports by expert witnesses (a report from your treating doctor), and 
• Documents showing your job search if that’s relevant to your case. 

There will also be live testimony given at the trial. You will usually testify at the hearing. Typically, your testimony will include: 

• Your injury: you should expect questions on how the injury occurred, where it occurred, whether there were any witnesses, who you reported the injury to, and what symptoms you experienced when the injury occurred. 
• Your current symptoms: you should expect questions on whether your symptoms have improved since the injury, stayed the same, or worsened. You should expect questions on whether the medical treatment you’ve had has been helpful. 
• Your employment history: you should expect questions regarding your normal job duties, training and education, your wage rate, hours worked, length of employment, your attempts to return to work, and other employment-related issues. 
• Your medical history: you should expect to testify not only about the medical history related to your work injury, but prior medical history and medical providers. You should expect questions as to your symptoms and the limitations in what you can do as a result of the work injury. You may also be asked about prior work injuries, prior accidents, and whether you had any symptoms prior to the work injury. 

Before you testify, the judge will place you under an oath to tell the truth. Your workers’ compensation lawyer will ask you a series of questions. Then, the insurance company’s lawyer will also have the right to ask you questions. The judge may also have questions for you as well.  

In addition to your testimony, other witnesses may be called to testify such as coworkers or others who witnessed your accident, the insurance company’s adjuster, and other experts. Doctors typically provide their testimony at a deposition before the hearing.  

Throughout the entire process, we’re here to help you.  Call Stern & Cohen at (215) 999-1443 or fill out a contact form below to get in contact with a Pennsylvania Workers’ Compensation Attorney. 

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.