Philadelphia, Pennsylvania Personal Injury Blog

Pension Offset

2012-05-16T20:20:05Z

In the case Horner v. Workers' Compensation Appeal Board (Liquor Control Board), the Court reaffirmed its previous decisions that an employer can illustrate the extent to which it funded a defined benefit pension plan through expert actuarial testimony. If a defined benefit pension plan exists, the employer does not have to show any documentation of contribution into employees' pension plan for means of determining pension offset. The pension offset is a credit that employer can take against Workers' Compensation benefits.

OSHA Criticized for Rulemaking Process

2012-05-11T19:23:41Z

Whenever a serious workplace injury happens within Pennsylvania, there is often an investigation to determine the accident's cause. What led to the worker's injury? Is there anything that can be done to prevent these accidents and injuries from occurring in the future?

State and federal agencies use this information to develop new rules that are designed to improve workplace safety. While injured workers may rely on workers' compensation to help them make ends meet while they recover, this does little to ensure that changes are being made to correct potentially dangerous workplaces.

]]> The Occupational Safety and Health Administration (OSHA) is the federal agency tasked with promoting workplace safety. OSHA may investigate workplaces for compliance with rules in place, and may also hand out fines and other penalties if procedures that are not followed.

OSHA is also responsible for drafting new rules to address new safety concerns that may arise. Recently, critics have called on OSHA to improve its rulemaking process, as they feel the agency is taking too long to pass safety regulations.

A government audit revealed that it takes roughly eight years for OSHA to pass a new rule. This is considerably longer than other agencies, and could have potentially dangerous consequences for workers.

While these new rules are being debated, workers are left exposed to the same potential hazards that are trying to be addressed by the rule. For example, the report cites the rulemaking process that OSHA used to correct problems with construction cranes. The agency took 10 years to create new rules, during which time, several other serious accidents occurred.

OSHA contends that its hands are tied by the multiple interests that need to be considered when it is drafting new regulations. Businesses, employers and employees all may weigh in with opinions during the initial stages, which can lead to further study and delay. As new dangers in the workplace develop, workplace safety will continue to be an issue.

Source: Insurance Journal "OSHA Hit for Taking Too Long to Adopt Workplace Safety Rules" Sam Hananel, April 23, 2012.

Equivocal Evidence

2012-05-10T15:45:22Z

In the case Potere v. Workers' Compensation Appeal Board (KEMCORP), the Court found that if a medical expert's testimony is clearly contradictory on important points, an appeallate body is allowed to deem it equivocal. However, since the Workers' Compensation Judge (WCJ) is the ultimate fact finder in deciding a case, it is up to the WCJ on how to interpret the medical expert's testimony. The appeallate body can direct the WCJ to re-examine other evidence presented during the case without considering the equivocal evidence.

Death on the Job Report Released

2012-05-04T18:03:23Z

Most of us know someone who has a dangerous occupation. Whether it is a construction worker at a crowded jobsite or a police officer making a traffic stop, it is impossible to predict when an accident may occur.

Workers who end up with an injury may rely on workers' compensation to help make ends meet, but this does not address the issue of what caused these accidents. When on-the-job deaths or injuries happen, officials often perform extensive investigations to ensure that proper safety precautions are put in place.

Each year, the AFL-CIO compiles a report that examines death, injuries and illnesses that occur throughout the United States. The organization recently released the 2012 compilation, which performs an in-depth analysis across various industries using 2010 numbers provided by the Department of Labor.

]]> Overall, workplace fatalities increased - from 4,551 in 2009 to 4,690 in 2010. The report also estimates that 3.8 million workers experienced some type of workplace injury during this same period. In Pennsylvania, there were 3.8 workplace fatalities per 100,000 workers in 2010, which is an increase from the 3.1 per 100,000 that was reported in 2009.

The AFL-CIO believes that these numbers may actually be underreporting the seriousness of the issue. They feel that the rate of injuries and illness may be three times higher than the number that is actually reported because of the different reporting requirements from state to state.

Workers injured on the job must report these injuries as soon as they occur. Waiting too long to notify your employer may result in certain benefits being unavailable. Specific requirements must be followed when filing for workers' comp, and failing to follow these instructions could have harsh consequences.

Source: EHS Today "Death on the Job: 13 Occupational Fatalities Occurred Daily in 2010" Laura Walter, May 2, 2012.

Distracted Drivers a Problem in Construction Zones?

2012-04-26T19:35:46Z

By now, most of us are very familiar with the dangers of distracted driving. Reducing the number of accidents caused by distracted drivers has been a major focus of many different state and federal agencies. Pennsylvania has banned texting while driving, but handheld cellphone use is still permitted.

As road construction season arrives, construction workers are some of the people most at risk because of distracted drivers. As motorists go through work zones, their complete attention should be on the road. Even workers themselves may be checking their phones and not be aware of potential problems.

]]> Any distraction could cause an accident, leading to serious injuries for construction workers. While those injured in these accidents may file a workers' compensation claim, the larger concerns of accident prevention remain.

Despite the texting while driving ban within the state, the penalties are quite minor. While some laws in other states carry fines over $500, Pennsylvania has a $50 fine for those caught texting while driving. Higher penalties may be imposed for work zones, but it is difficult to prove that a motorist was texting while driving.

To help protect employees, several companies have developed systems to make work zones safer. Some have banned cellphone use by employees, while others have developed software that turns the phone off when employees are driving or using heavy machinery.

Expect the industry to continue to focus on methods of reducing distraction in work zones. Construction sites are already extremely dangerous places, and each accident has the potential to cause serious injuries or death. Improving safety can only benefit both workers and motorists.

Source: Constructech, "Reducing Driver Distraction in Construction"

Death on the Job - Improving Workplace Safety after a Tragedy

2012-04-20T19:12:22Z

There are many dangerous occupations where workers risk their lives every single day. Even workers in professions with seemingly low accident rates need to be aware of the potential issues that may lead to serious injuries or death. While most people are able to perform their daily tasks without any issues arising, accidents happen with little to no warning. If the accident results in injuries, the worker may have a valid workers' compensation claim. If the accident is more serious and result in death, there will be an extensive investigation into what exactly happened.

When a worker is killed on the job, employers will have to follow very specific instructions in compiling a report of the accident. Each death must be reported to the Occupational Safety and Health Administration (OSHA). This agency will conduct an in-depth review to determine if the workplace is safe.

]]> OSHA recently released new procedures that would go into place when the agency is investigating a death on the job. The major concern for officials is that when someone was killed on the job, families often were not informed of the progress of the ongoing investigation.

For families who lost loved ones, this proved quite frustrating. While OSHA conducted its inspection into the employer, families had to guess what really happened. Information was tough to come by. Now, OSHA is requiring its investigators to communicate with families prior to, during and after the investigation.

The investigation will be explained to the families so that they understand what is happening at each stage. The OSHA investigator will be available to answer any questions the family members may have. After the final report on the accident has been filed, the family will have the opportunity to discuss the matter further with agency officials.

Source: OSHA Instruction "Communicating OSHA Fatality Inspection Procedures to a Victim's Family" April 17, 2012.

Attorney Joe Huttemann Authored "Workers' Comp Certification" Article

2012-04-17T15:46:56Z

Partner Joe Huttemann recently authored an article on "The New Workers' Compensation Certification: Breaking Ground for the Pennsylvania Bar Association" for The Legal Intelligencer, the oldest law journal in the United States. Joe's article reviewed this landmark new process for attorneys and its expected impact on the profession...not just for attorneys who practice Workers' Compensation, but those in other practice areas in Pennsylvania, for whom this process might serve as a pilot program. Not only did Joe Huttemann review this process and its impact, but partner Matt Wilson served on the actual certification committee and helped to shape and plan the process and its implementation in the state.

Read the full article by clicking below.

WorkCompCertification_0412.pdf

Employer Accident Records Crucial for Workplace Safety

2012-04-13T13:34:27Z

No one wants to miss time from work. Every dollar counts. Some employees feel that if they are going to be forced to take time off to recover for an illness or injury sustained on the job that they might lose that job. With employers looking to reduce overhead, some employees are being placed into situations where their jobs have changed drastically. They are being asked to provide more services in the same amount of time, which can increase the amount of workplace accidents.

When an on-the-job injury occurs, employees may be eligible to file for workers' compensation. Specific requirements must be met, and if an employee waits too long, these valuable benefits may be unavailable. Perhaps most importantly, as soon as an injury occurs, it should be reported to an employer.

]]> Employers are under specific record-keeping requirements when categorizing workplace injuries. This has proved to be somewhat of a grey area for employers, as there are times when they may be uncertain if a specific injury should be considered to have happened in the workplace. This can also prove frustrating for employees, as if the injury is mislabeled it can have an impact on workplace safety.

Employers are required to report injuries and illnesses to the Occupational Safety and Health Administration (OSHA). This agency is in charge of worker safety, and can administer fines to employers that are not taking the necessary steps to ensure a safe working environment.

If an injury results in death, days missed from work or requires medical treatment, there is a pretty safe chance that an employer will need to record this information. If an investigation is required, these details will be extremely important. For injured workers, this could be crucial to their livelihoods.

Source: Safety.BLR.com "Safety Records: When Is An Incident Considered Work-Related?" April 9^th, 2012.

What Factors Most Impact Workplace Safety?

2012-04-06T12:45:17Z

Several studies have tried to determine ways toward improving workplace safety. However, each industry faces unique risks and challenges, making it difficult to developing a one-size-fits-all approach to safety. Employers focusing on the big picture may miss the underlying causes of accidents, which could lead to more workplace injuries and workers' compensation claims.

A study by the University of Georgia examined some of the aspects most important to workplace safety. The results showed how important it was for there to be a "top-down" culture toward worker safety. Companies that demonstrated a strong organization commitment to preventing injuries played a major role toward keeping workplaces accident-free.

]]> When each level of an organization devotes attention to safety issues, it helps stress safety to employees. Employers that carefully monitor their safety protocols can help spot potentially dangerous trends, and take the proper steps to address these concerns. Workers can feel free to discuss safety hazards, and know that management is taking their ideas seriously.

This particular study examined several different types of occupations and industries. Workplaces that placed an emphasis on a work-life balance also demonstrated a lower risk rate of on-the-job accidents. When work placed significant demand on an employee's time, and this interfered with family obligations, accident risk increased by 37 percent.

While no one wants to miss time from work, especially in this difficult economy where jobs are hard to find, accidents and injuries happen. Workers injured on the job may be eligible to file for workers' compensation. It is important to notify your employers as soon as an injury occurs, as any delay may prevent recovery.

Source: Business Insurance "Work life balance impacts employee injury rates: Study" March 26, 2012.

Workplace Safety for Healthcare Professionals

2012-03-30T13:28:10Z

When we begin our commute to our workplace, we spend most of our time thinking about our daily tasks. What do we need to do and when do we need to have it complete. Planning out our workday rarely involves thinking about what could go wrong.

Many employees in the healthcare field do not have this luxury, as workplace safety is becoming a growing concern. The Occupational Safety and Health Administration is investigating the recent hospital shooting in Pittsburgh, and is treating it as an incident of workplace violence. The attack killed one person and injured five others. This issue could become a major factor in the filing of Pennsylvania workers' compensation claims.

]]> Some hospitals in the Philadelphia area have taken steps to prevent nurses from being placed into unsafe situations. The Temple University Hospital System has implemented a workplace violence committee, which is focused on providing the necessary training to personnel to help eliminate potential problems from occurring.

While this has helped to bring the number of workplace violence incidents down, the issue remains a serious problem. Healthcare professionals are placed at serious risk by nature of their jobs, and unruly patients can make a dangerous situation even worse. Workers are unable to protect themselves from these attacks because they are unaware that they are about to happen.

Hospital employees injured as a result of workplace violence may have an opportunity to file for workers' compensation. Workers in the medical field already face a potential for serious injuries prior to this increase in violent patients. Workers may need to lift or move heavy objects, receive infections due to sick patients or have to worry about spills that have not been cleaned on hospital floors.

Source: Pittsburgh Post-Gazette, "OSHA investigating Western Psych shootings as workplace safety matter", Sadie Gurman, March 20, 2012.

Top Employer Concerns Regarding Workers' Comp?

2012-03-23T18:29:35Z

In today's difficult economy, many companies are looking to save money any way that they can. Whether it is reducing the workforce or working longer hours to meet demand, many businesses have had to change the way they operate to help their bottom line. For employees, this could have a very serious impact on workplace safety.

Zywave's Workers' Compensation Safety Survey recently examined the top employer workers' compensation insurance concerns for 2012. They asked businesses in several different industries, including construction and manufacturing, what they considered to be the most important items regarding workers' compensation matters.

]]> It comes as no surprise that cost was number one on the list. Of the 3,500 employers surveyed, 59 percent were most concerned about cost issues. Increasing exposures was second on the list at 35 percent.

For injured workers, this could prove to be unsettling news. Employers focused on cost issues may not be paying attention to the underlying problems placing workers at risk. Failing to address safety issues in the workplace may lead to more accidents, and more workers missing work to recover.

Many workers who are recovering from their injuries return to work and perform light-duty tasks. This allows a person to get back working as soon as possible. However, the study also highlights a serious issue for employees, as only 45 percent of those responding to the survey reporting having a light-duty plan in place. Those workers who would be able to work on these particular tasks would be out of luck.

Being injured on-the-job can be a difficult time for anyone trying to make ends meet. It is important to report your injuries as soon as they occur, as failing to do so may potentially jeopardize workers' compensation benefits in Pennsylvania.

Source: Insurance Networking News "Top Workers' Comp Concerns Revealed" Pat Speer, March 19, 2012.

Construction Accidents Common in Work Zones

2012-03-16T19:14:18Z

The summer road construction season is nearly here. The orange cones lining highways is a sight familiar to many. Drivers will often have to slow down while in the work zone, and may face high fines if they are caught speeding while work is being performed. While many laws have been passed in an effort to make conditions safer for both workers and motorists, construction work zones remain dangerous places.

]]> The U.S. Center for Disease Control and Prevention (CDC) performed an extensive study on the dangers of construction accidents. Citing Bureau of Labor statistics, the CDC reports that Pennsylvania had the third most construction worker deaths in work zones in 2010. Despite the increase in awareness of the dangers of work zones, accidents are still happening. Throughout the U.S., over 70 percent of the fatalities in construction work zones in 2010 were caused by motor vehicle accidents.

While motor vehicles have caused most of the deaths in work zones, they are not the only concern for construction workers. Work zones can be very busy places, with large equipment constantly in use. This equipment can be used to remove or install new surfaces on roads, which can mean that a lot of very heavy objects may be moved over large distances. Construction vehicles will be traveling throughout the zone, forcing workers to be on alert at all times.

Construction companies must follow strict rules, and failing to adhere to these rules may result in high fines. While work zone fatalities have decreased, it is important for employers to take the appropriate steps to protect their workers. As more cars hit the roads for the busy summer traveling season, it will be one more danger for construction workers.

Source: CDC "Highway Work Zone Safety"

More Building Projects Mean More Potential Construction Accidents

2012-03-09T20:19:50Z

Construction jobsites can be extremely chaotic places, with many different groups of workers present at one time. With so much constantly happening, accidents are an all-too-common occurrence. The industry is heavily regulated in an effort to prevent these accidents and improve safety for everyone present.

Unfortunately, when a construction accident occurs, it can often lead to extremely serious injuries. In many new projects, it may be necessary to prepare the area for the incoming building or roadway. Often, when installing items such as utilities, workers may need to dig trenches to allow them to complete essential work below ground.

]]> Trenching is a particularly dangerous part of any construction project. These trenches may have a small brace present, in order to prevent the ground from suddenly shifting. However, this may not be enough to keep a collapse from trapping workers underground. This can result in workers being suffocated before they can be removed.

According to OSHA, the Occupational Safety and Health Administration, two people are killed each month in trenching accidents across the U.S. Injuries may result from a sudden collapse, a worker falling into an open trench or from being hit by excavating equipment.

Several factors may impact potential accidents. Workers will need to examine the soil where they plan to dig to check for any hazardous or toxic gases that may be present. Additionally, the area surrounding the worksite must be extensively studied to determine if any conditions are present that may cause a sudden collapse.

Workers' compensation may be available to those who are injured in construction accidents. It is important to report any injuries as soon as they occur in order to get the process started as soon as possible. Waiting too long may limit the options that are available for your situation.

Source: OSHA Fact Sheet, "Trenching and Excavation Safety"

U.S. Supreme Court rules against Pennsylvania worker

2012-03-02T20:53:49Z

On-the-job illnesses are often thought of as being less severe than on-the-job injuries. However, certain illnesses can be serious enough to be life-threatening. When this happens, it can be necessary for a worker to need very expensive medical care to treat the illness. The employer responsible for subjecting the worker to these conditions may be required to pay for this treatment.

The United States Supreme Court recently issued a ruling on a Pennsylvania case that may have a major impact on workplace illnesses. In Kurns v. Railroad Friction Products Corp., a welder working on train engine breaks who had been exposed to asbestos had sued his employer after developing mesothelioma. The employee died while the case was pending, and his family continued to pursue the suit after his passing.

]]> The Court ruled that the suit was unable to proceed because it was barred by the Locomotive Inspection Act, a federal law. This will prevent the worker from being able to recover damages for his illness. Many groups had supported the worker's case, and this result is seen as a setback for railroad employees suffering from serious work-related illnesses.

Asbestos exposure is common in many industries, including various types of manufacturing and construction. While many rules and regulations have been enacted to limit interaction with asbestos, it is still encountered frequently. Exposure can lead to asbestosis, mesothelioma or other types of cancers.

Treating these diseases can be very expensive, which can lead to workers' compensation or personal injury claims against the employer or third parties that allowed the exposure. These cases can be quite complex, as it may be difficult to show who is responsible for causing the illness.

Source: Fox Business, "US High Court Blocks Asbestos Injury Lawsuit In Locomotive Case" Feb. 29, 2012.

Pennsylvania company cited for safety violations

2012-02-24T20:50:12Z

We trust that our employers are doing everything they can to keep our workplaces safe. If there is anything that can cause us harm or injury, we expect that we will be notified of the dangers. Employers are required to follow rules and regulations that will be specifically targeted toward a particular industry. Failure to adhere to any of these laws can result in penalties for the employer.

A Pennsylvania company was recently fined by the Occupational Safety and Health Administration (OSHA) for a series of violations, including failing to report workplace accidents and injuries. Exel, Inc., an organization contracted by Hershey's to package products, received nine OSHA citations and $283,000 in fines.

]]> Exel had participated in a program that brought in students from foreign countries to work during the summer in the U.S. Several of the student workers reported injuries from lifting or moving boxes of chocolate, which could weigh 60 pounds. The company was found to have failed to report 42 serious injuries and illnesses that occurred onsite over the four-year period of review.

OSHA became aware of the problems after many of the workers walked off the job and organized protests. The company plans to contest the citations.

Serious injuries and illnesses that occur on-the-job must be reported. Without proper documentation, it can be difficult to determine if a business is in compliance with all safety rules. Many of the violations that were handed down to Exel were related to record-keeping issues, and the high fines show how serious OSHA takes these requirements.

When workplaces are alleged to have unsafe conditions, all employees may be at risk. Injuries that require extensive time away from work can make it difficult for employees to make ends meet.

Source: Lebanon Daily News, "OSHA cites area firms after Hershey protests" Chris Sholly, Feb. 21, 2012.