Philadelphia Worker's Compensation Law Blog

As most of the Philadelphia community is aware, Mayor Nutter recently announced that the School District of Philadelphia will be proceeding with mass layoffs of as many as 3,783 teachers and support staff.

So the question we ask is how might this or any lay off affect your rights if you are, were or are eligible to start collecting workers' compensation benefits?

Well, you might be surprised to learn that if you were working in a light-duty capacity or if you were still on compensation benefits for medical care you may be entitled to continue receiving those benefits even after layoff or you may actually be entitled to reinstatement of benefits. In certain cases, even those who are working on regular duty at the time of layoff may be eligible to claim wage loss benefits under certain circumstances.

Rarely will your employer inform you of this right to benefits. We recommend that anyone who ever has had a work injury or disease consult with an experienced workers' compensation lawyer if he or she loses his or her job for any reason, especially layoffs and plant closings.

In a major decision handed down from the Commonwealth of Pennsylvania Workers' Compensation Court (Bureau Claim Number 2416884), a paraplegic who suffered an injury in 2002 while working as a camp counselor has received an increase of his Average Weekly Wage (AWW) dating back to the accident. As a result, the young man received just over $177,000 in compensation and interest, according to his attorney Matt Wilson of Martin LLC.

At issue was whether the man's AWW should reflect his wages at the time of the accident or if they should take into account the fact that he also received room and board at the camp, which would bear its own compensation value above and beyond the actual wages. While the employer argued that the man's contract with his former employer did not assign a dollar value to room and board, the court agreed with Wilson, opining that "value assigned to room and board cannot abrogate the provisions of the Workers' Compensation Act."

Electrical accidents at work can be very dangerous and often result in serious or fatal injuries. Unfortunately, many workers in Pennsylvania are exposed to electrical hazards on the job and are at risk for suffering a severe injury.

May is National Electrical Safety Month and workplace safety advocates are trying to raise awareness about the dangers of electrical accidents in the workplace. Overhead power lines and electrical equipment used at construction sites commonly cause electrical accidents and injuries to workers.

Workplace safety needs to be improved in Pennsylvania and throughout the country after a new report found that 150 people died from work-related injuries or illnesses every day in 2011. The report by the AFL-CIO said that fatal workplace injuries resulted in 13 deaths every day, and work-related illnesses killed 137 workers every day in 2011.

The report's findings are very concerning as the workplace fatality rate has remained unchanged during the last few years in the U.S. despite enforcement programs initiated by the Occupational Safety and Health Administration. Workers are supposed to be properly trained and provided proper safety equipment but unfortunately, some companies do not follow the safety standards and put workers lives at risk every day.