Philadelphia Worker's Compensation Lawyer Blog

All Six Partners Make Super Lawyers List

2013-05-17T21:29:35Z

More workers' comp claimants' attorneys listed than any other firm in the state
(and on the top 100 Philadelphia list, too!)

At Martin LLC we strive to give every client the best possible representation available during their workers' compensation or Social Security Disability claims. This year's Super Lawyers list acknowledges the hard work that our attorneys do for every case. For the 4th consecutive year, the firm has had all six partners listed as Pennsylvania Super Lawyers by the independent rating service Super Lawyers*.

]]> Partners George Martin and Matthew Wilson are two of the few attorneys who have made the 10 year list, which acknowledges the attorneys who have been listed by Super Lawyers since it began in 2004. Joseph Huttemann has been selected to Pennsylvania Super Lawyers for the 8th consecutive year, while John Dogum has been selected for the 7th time.

Partners Matthew Wilson, George Martin and Alfred Carlson have also each been selected to the Top 100 Philadelphia and Pennsylvania Super Lawyers.

Five Martin LLC attorneys were also listed as a Pennsylvania Rising Star†. This is Jody Joy's 6th year, Amit Shah's 5th year and Joseph Conlan's 3rd year. Our two Social Security Disability attorneys Joseph Capitan and Maria Harris have been acknowledged for the 2nd year as Pennsylvania Rising Stars.

_{* Super Lawyers selects attorneys using a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.}

_{The Super Lawyers selection process involves three basic steps: creation of the candidate pool, evaluation of candidates by the research department, and peer evaluation by practice area. The final published list represents no more than 5 percent of the lawyers in the state.}

_{†The selection process for Rising Stars is the same as the Super Lawyers selection process except that: 1) a candidate must be either 40 years old or younger or in practice for ten years or less 2) Candidates do not go through peer evaluation by practice area; no more than 2.5 percent are named to the Rising Stars list.}

Workplace deaths happen every day in Pennsylvania, US

2013-05-17T20:21:04Z

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.

]]> The report said that workers in the fishing, logging and agricultural industry have the highest risk of suffering a fatal workplace injury due to the many safety hazards they face while working. Workplace safety advocates say that this industry along with the construction industry remain very dangerous for workers because employers don't always train workers on proper safety precautions. In addition, many workers in these industries do not feel comfortable reporting potential safety hazards because many are temporary workers and can be easily replaced.

The report shows that certain industries are more dangerous to workers than others. However, the report also found that race also seems to be a factor in some fatal workplace accidents and injuries. The report found that Latino workers have the highest workplace fatality rate compared to all other workers.

They reported that the rate of fatal workplace accidents among Latino workers in the U.S. was 14 percent higher than any other race. In addition, 68 percent of the Latinos who were victims of fatal accidents in 2011 were not born in the U.S. Researchers believe that Latinos have a higher workplace fatality rate due to the types of jobs and industries they more commonly work in, putting them at a much higher risk for suffering a fatal workplace accident.

In the report, the researchers concluded that more work needs to be done at a federal and state level to prevent fatal work accidents from happening in the future. They said that Congress should pass the Protecting America's Workers Act to help OSHA inspect more workplaces and prevent fatal accidents.

Source: MSNBC, "US work-related deaths top 150 a day, finds AFL-CIO report," Ned Resnikoff, May 8, 2013

Hospitals should track workplace injuries and accidents

2013-05-07T15:48:00Z

When a worker suffers a workplace injury, they often receive treatment from a hospital or clinic. While hospitals track a lot of information about their patients, they do not keep track of workplace injuries that require medical attention. Reports show that over four million workers are injured every year in the U.S. and workplace safety researchers are calling for hospitals to change their data collection policies to help improve safety in the workplace.

Researchers at the Drexel University School of Public Health said that hospitals, occupational medicine and other health clinics should revise their data collection policies to include information about a patient's occupation and industry. The researchers want hospitals and clinics to start collecting data on workplace injuries and accidents to help improve workplace safety initiatives and policies as well as address potential safety hazards.

]]> New research suggests that hospitals should keep track of workplace injuries, including information about the type of injury, when, how and why the workplace injury happened. Many workers who are injured on the job end up getting medical treatment. Researchers believe that hospitals can help track this information to help address safety hazards and workplace accidents, as well as provide a more accurate description of the most common type of work injuries and illnesses for workers in a specific industry.

Supporters of collecting workplace injury information from all hospital and clinic patients say that it could significantly help determine how many workplace injuries are actually happening and allow workplaces to develop more effective safety programs.

The researchers said that it would not be difficult for hospitals and clinics to include workplace accidents and injuries to their data collection methods. They suggested that hospitals could have this information be collected and added to hospital discharge data to help keep track of the different types of workplace incidences.

If hospitals and other health care communities start collecting this type of data from their patients, workplace safety advocates believe that the nation and industry experts can better track workplace accidents and injuries, and hopefully provide safety programs that can prevent accidents and injuries from happening in the workplace.

Source: News-Medical, "Subtle change to hospital data collection policies can prevent workplace injuries," May 7, 2013

Pennsylvania firefighters losing workers' compensation coverage

2013-05-03T20:36:01Z

Insurance companies are dropping firefighters from their workers' compensation coverage in Pennsylvania due to reports showing that firefighters have an increased risk of developing cancer. Insurers started dropping coverage after the Firefighters Cancer Presumption Act was approved in 2011.

The Firefighters Cancer Presumption Act says that every form of cancer can be considered a work-related illness in a firefighter, and that it is up to the municipality to prove that a firefighter's cancer was not caused by occupational exposure. The law also allows workers' compensation claims to be filed going back 600 weeks.

]]> Since the new law allows more claims to be filed and states that all types of cancer will be considered a work-related illness, more insurers are dropping firefighters from their workers' compensation coverage in Pennsylvania. Most insurers said that they decided to drop coverage because they feared that they would receive too many claims from firefighters with cancer. Insurers who have not dropped coverage for firefighters have significantly increased the premiums for workers' compensation coverage.

Many municipalities are turning to the State Workers' Insurance Fund to get workers' compensation coverage for firefighters after being dropped by private insurers. Many municipalities are saying that the State Workers' Insurance Fund offers the most cost-effective coverage since being dropped by private insurers.

Due to the high number of insurers who have dropped firefighters from coverage, some have suggested that the state should modify the Firefighters Cancer Presumption Act. However, lawmakers who support the law say that it does not need to be modified and that all firefighters deserve protection under the law as they continue to put their lives at risk in the community.

Studies have shown that firefighters have a significantly higher risk of developing cancer. Under the new law, firefighters are protected and can file workers' compensation claims to receive benefits if they have developed cancer. Firefighters should contact a workers' compensation attorney to discuss their claim.

Source: Firehouse, "Insurers Cutting Workers' Comp. for Pa. Firefighters," Josephy Kohut, April 29, 2013

Work accidents can be prevented during road construction

2013-04-26T17:14:36Z

During the spring and summer months in Pennsylvania, it is not uncommon to see more road construction projects blooming than actual flowers. The state has worked hard to make these work zones safe for construction workers and the public, but work zones accidents continue to happen every year.

Road construction workers face several hazards while working. In addition to being at risk for a workplace accident involving heavy equipment and machinery, workers also face hazards from vehicles on the road.

]]> Many vehicles travel on Pennsylvania roads and during road construction, workers are at risk for being hit or injured by an uncontrolled vehicle. Most work zones accidents occur when a vehicle is speeding or driving distracted through a construction zone, and unfortunately, there is not much for workers to do to prevent these types of accidents because it all depends on drivers staying alert and slowing down while driving through work zones.

The construction industry has increased education on work zone dangers for construction workers. However, workplace safety advocates say that the public needs to become more aware of the dangers associated with work zones to prevent future accidents.

People driving through construction zones need to be aware of the hazards and remember to slow down and obey all signs to keep themselves and construction workers safe. This is not just for the benefit of construction workers because reports show that a majority of fatal work zone accidents involve a motorist. In fact, four out of five work-zone fatalities in the country involve a driver who was speeding or driving distracted through a work zone.

It is important for drivers to remember that it is their responsibility to follow signs and use caution while driving through road construction. Drivers who are not driving safely through work zones are not only putting their lives in danger, but many construction workers as well.

Source: Post-Gazette, "For safety's sake, drivers, please respect work zones," April 22, 2013

Fall risk much higher for residential construction workers

2013-04-18T21:26:26Z

Construction workers face several risks while working but one of the biggest safety risks comes from construction falls. Previous reports have shown that falls are still a significant hazard for workers in the construction industry but what kinds of falls are the most dangerous?

A new study found that falls from roofs were the most common type of fall for construction workers in the U.S., with one-third of all fall-related fatal construction accidents being attributed to falls from roofs. The study reported that construction workers most at risk for roof falls were those that worked for small companies, residential construction workers and Hispanic and immigrant workers.

]]> The main findings of the study showed that 34 percent of all construction falls were from roofs in residential construction sites despite the fact that residential construction sites only made up 18 percent of workplace fatalities in the construction industry. The study reported that smaller construction companies that had 10 employers or fewer were more likely to have a worker injured or killed due to a roof fall compared to larger companies.

The increased risk of falling from roofs was highlighted by the finding that Hispanic construction workers accounted for roughly 35 percent of all fatal falls from roofs in the construction industry. The study also found that foreign-born workers had an increased risk of fatally falling from roofs while working compared to all other workers.

The findings show that smaller companies are not properly training their workers or providing them with fall protection equipment. The researchers concluded that workers in the roofing industry are much more likely to be involved in a fatal workplace injury compared to other construction workers. They said that OHSA and construction companies need to be aware of the falls risks for workers in the residential construction sector to try and improve safety awareness as well as create prevention programs to reduce the high number of fatal injuries caused by falls.

Source: EHS Today, "Falls from Roofs Account for One-Third of Construction Fall Fatalities," Laura Walter, April 16, 2013

Congress proposes bill to increase protections for US workers

2013-04-12T21:55:01Z

The U.S. Congress will be considering a proposed bill aimed at extending safety regulations and workplace protections for workers. The bill, Protecting America's Workers Act, would strengthen the Occupational Safety and Health Act and benefit workers in Pennsylvania and throughout the country.

The proposed bill would offer protection to more American workers that are currently not protected under OSHA regulations or workers' compensation laws. The additional workers that would be protected by OSHA include flight attendants, certain government agency workers and state prison guards.

]]> The bill would also pose harsher penalties for companies that knowingly violate OSHA standards that contribute to a workplace fatality. Under current laws, employers can only face misdemeanor charges for safety violations that lead to worker's death. The proposed bill would change this, making employers face felony charges for willful violations that cause a workplace fatality as well as create a minimum civil penalty of $50,000 for employers who knowingly violate standards that result in a fatality.

Several lawmakers support the bill and hope that it will be passed to increase the protections for workers. However, this is not the first time lawmakers have tried to increase the penalties for employers but previous efforts failed. Lawmakers believe that this time it will be different, especially after recent investigations have shown that workplace deaths continue to plague the country, in many different industries.

Supporters of the bill say that this legislation can help reduce workplace injuries and fatalities by increasing the protections for workers as well as the penalties for employers. They said that the bill is not only beneficial for workers but also employers because it will help reduce workplace injuries by making employers more accountable for their actions.

Source: The Hill, "Senate Dems line up behind worker protection bill," Ben Goad, March 29, 2013

Attorney Wilson part of faculty at "tough" CLE Event

2013-04-10T18:47:01Z

Martin LLC partner Matt Wilson served as a faculty member for the Pennsylvania Bar Institute's Continuing Legal Education (CLE) program entitled "Tough Problems in Workers' Compensation 2013" on Tuesday, April 9^th at the CLE Conference Center in the Wanamaker Building in Philadelphia.

The program covered key areas in Workers' Compensation Law, including:

· Mastering the ins & outs of compensation for medical treatment

· Establishing liability and coverage for injuries in today's mobile workforce

· A review of recent cases

· The judges' perspective

· Fee review

Attendees are eligible for 4 Pennsylvania CLE credits.

Don't Want to Travel? Take the Course Live on the Web! This course is offered via live webcast simultaneously with the satellite broadcast on April 16, 2013.

For more information or to register, click here.

With sixteen attorneys serving clients through the firm's headquarters in Center City Philadelphia and branch offices in Reading, Malvern, Northeast Philadelphia and Allentown, Martin LLC is one of the largest firms in Pennsylvania that focuses its practice solely on workers' compensation and social security disability. Founded in 1979 by George Martin, the firm and its attorneys are regularly named in a host of "best/top" listings from various attorney rating outlets annually.

Attorney Carlson on Workers Comp Hearing Loss Claims

2013-04-09T16:07:05Z

Martin LLC partner Alfred J. Carlson was recently quoted in an article titled, "Work-Related Hearing Loss Claims: Conclusive Data Prove Elusive" written by Karen Pallarito for The Hearing Journal on April 2013 - Volume 66 - Issue 4. The article discusses the ongoing significant problem of hearing loss in the U.S. and the trend of workers in high-risk jobs not filing claims. Many workers' comp law hearing loss claims are not filed due to lack of awareness that a claim can be made.

"To control workers' compensation costs, some states have tightened rules for paying claims. Pennsylvania did so in 1995, making it harder for plaintiffs to meet hearing loss thresholds for compensation and reducing the number of cases filed, observed Alfred J. Carlson, MBA, JD, a partner with Martin LLC in Philadelphia."

"Very rarely, if ever, will they voluntarily pick up any type of repetitive trauma case," Mr. Carlson said. "You have to litigate that case out because they're going to want to get an examination with their own doctor and see if there are other causes for the hearing loss."

You can read the full article online or download the PDF.

If you think you have a workers' comp law hearing loss claim call us for a free consultation at 215-587-8400. We have represented clients who suffered hearing damage from head injury, explosion, loud blast or other traumatic event, or from cumulative effects of workplace noise (like aircraft or machinery.)

Temporary, migrant workers less likely to report work injuries

2013-04-04T16:23:54Z

We've previously discussed how temporary workers are more likely to be injured on the job. Now, a new study found that temporary and migrant workers in the U.S. continue to suffer more workplace injuries because they are more vulnerable to be involved in a workplace accident.

Why are temporary and migrant workers more likely to be in workplace accidents? These workers face several problems at work and are less likely to report safety hazards and workplace accidents to their employer, according to the study. They are also less likely to get medical treatment for their injuries.

]]> One of the biggest challenges for migrant and temporary workers is if they do report their work injury, their employer is more likely to use their immigration status against them and some employers have even filed visa fraud charges against employees who reported workplace hazards and accidents.

This makes the workplace very unsafe for migrant workers because they do not feel comfortable reporting unsafe working conditions and injuries sustained while working. This only contributes to more workers being injured and employers thinking they don't have to treat migrant workers the same as other workers.

The study reported that many temporary workers are listed as outside contractors and many work through staffing agencies, which makes the employer even less responsible for workplace training and conditions because they can blame the staffing agency for not preparing temporary workers.

Temporary, low-wage workers have the same rights as every other worker and companies can be held responsible for workplace accidents that happen due to negligent training or unsafe working conditions. It is important for injured temporary workers to understand their rights in the state of Pennsylvania. Workers who have suffered a workplace injury should consult a workers' compensation attorney to discuss their specific case and see what next steps should be taken.

Source: The Raw Story, "Temporary and migrant workers face 'systemic' problem of workplace dangers," David Ferguson, March 28, 2013

Attorney George Martin Honored by Local Conservation Group

2013-04-03T15:42:50Z

George Martin, founding partner of Martin, LLC was recently honored by the French and Pickering Creeks Conservation Trust with the "Morris Conservation Award" for his contributions to the organization's work.

Martin, who was honored along with his wife, Christy, has a deep commitment to the environment. He and his wife are both former French & Pickering Trust board members. His George and Miriam Martin Foundation (named for his parents) has given more than $3 million to organizations working to protect rivers and watersheds, and he is a Vice President of the Board of Trustees for Earthjustice, the world's largest nonprofit environmental law firm.

Martin's respect in the environmental volunteer community is matched by his professional stature in the legal community. He has served over the years in a number of leadership roles for the Philadelphia and Pennsylvania Bar Associations, the Philadelphia Trial Lawyers Association and other industry groups. In 2013, he was again named to the "The Best Lawyers in America" and given the prestigious designation of "Lawyer of the Year" for Workers' Compensation. Only a single lawyer in each practice and metropolitan area is given this honor. Additionally, he has been named a "Top 100 Super Lawyer" annually since 2005.

George and Christy Martin live in Birchrunville, PA.

First responders have higher risk of suffering mental disorders

2013-03-29T20:12:18Z

Mental disorders can affect any type of worker in the U.S but a new study found that first responders who are new to the job have a higher risk of suffering from a mental disorder after witnessing repeated traumatic events while working.

The study found that first responders, firefighters and police officers who are relatively new to the job and are exposed to traumatic events like witnessing someone seriously injured or killed have a much higher risk of developing a mental or alcohol use disorder. The study noted that first responders that have been in the profession for a while have no increased risk for mental disorders.

]]> The type of traumatic events that impact first responders the most include seeing someone injured or killed, seeing a dead body, having a close co-worker experience a traumatic event or having someone close to them unexpectedly die. Research found that workers who experienced these types of traumas were more likely to suffer from a mental disorder if they were newer workers.

In addition to first responders, any workers who experience traumatic events while working are much more likely to suffer from mental disorders. Workers who develop mental disorders such as post-traumatic stress disorder, psychiatric disorders or alcohol abuse may be entitled to receive workers' compensation benefits for their illness.

Workers who suffer illnesses or injuries are able to apply for workers' compensation benefits in Pennsylvania. Those benefits can help cover lost wages as well as medical expenses caused from their workplace injury or illness. Workers may benefit from consulting a workers' compensation attorney to discuss their specific case as well as help them apply for benefits.

Source: EHS Today, "Witnessing Traumatic Events May Take Toll on Novice Responders' Mental Health," Laura Walter, March 22, 2013

Our law firm represents workers suffering from workplace illnesses. To learn more about our practice, please visit our workplace illness page.

Most common workplace injuries can be prevented

2013-03-22T21:23:50Z

Workplace accidents continue to happen in Pennsylvania and throughout the nation. While a lot has been in the news about different workplace hazards and accidents, do workers really know what type of workplace injuries they are most likely to suffer?

Workplace injuries can range from minor to life-threatening so it is important for workers and employers to be aware of the most common types of accidents and injuries that threaten those working. Understanding the most common workplace injuries should help companies make their workplaces safer, leading to a reduction of accidents and injuries among workers.

]]> Below is a list of the most common workplace injuries from the Liberty Mutual Workplace Safety Index for 2010 and what can be done to prevent these injuries:

Falls on the same level: these falls are commonly caused by floors being slippery or full of clutter, causing workers to fall over items and suffer injuries. This can be prevented by providing anti-slip floors or shoes for workers as well as keeping floors clean and safe.
Falls to lower levels: these usually happen when ladders and scaffolding are not properly secured or need repair. These accidents can be prevented by maintaining safe equipment and training workers on how to properly use them.
Overexertion: these injuries happen from pushing, pulling, lifting and carrying. To prevent these injuries workers should be encouraged to seek help when needed as well receive training on how to properly lift and handle items.
Struck by object: these accidents often involve using machinery or not wearing the proper protective equipment. Workers should be provided with the PPE and trained on how to use machinery in a safe manner.

Workplace safety and preventing the most common types of workplace injuries should be the top priority for employers and when it isn't, many workers end up hurt. Workers who have been injured at work should know that they have the right to file a workers' compensation claim and should consult a workers' compensation attorney to discuss their case.

Source: EHS Today, "Preventing the Top 5 Workplace Injuries," Langdon Dement, March 14, 2013

Workplace accidents increase after daylight saving time change

2013-03-13T15:51:30Z

Earlier this week, Pennsylvania and the rest of the country set their clocks ahead one hour in observance of daylight saving time. The spring tradition continues to make people lose one hour of sleep so that there is more daylight during the spring and summer. While many people have become used to the time change, their bodies haven't and reports have shown that the Monday after daylight saving time is one of the most dangerous days of the year.

Does losing one hour of sleep really make this week more dangerous? Reports indicate that until peoples' bodies are used to the time adjustment, they are more likely to be involved in a workplace accident. People are also more likely to be in a car accident this week because they are doing their regular work routines one hour earlier than normal.

]]> Researchers have studied the consequences of daylight saving time and found that many people struggle with working one hour earlier than they are used to. Because of the time change, people lose one hour of sleep, making them drowsy and not as well-rested as they should be when performing certain job duties.

Drowsiness and increased sleepiness puts workers at a higher risk of being injured in a workplace accident. While drowsy workers are always at risk to be injured, a study found that workplace accidents significantly increased on the Monday after daylight saving time.

In addition to the increased risk of being in a workplace accident this week, car accidents are reportedly 8.6 percent more common on the Monday after daylight saving time. This can be very dangerous for workers who are required to drive for their job, including truck and delivery drivers and sales staff.

It is important for workers and their employers to be aware of the increased safety risks the day and week after switching to daylight saving time. Employers should take steps to reduce the risks of workplace accidents and injuries and employers may need to start addressing the safety concerns associated with drowsy and sleepy workers to prevent serious and fatal accidents from happening during the daylight saving time switch.

Source: Los Angeles Times, "Change to daylight saving time takes biggest health toll today," Karen Kaplan, March 11, 2013

Forklift safety hazards include carbon monoxide poisoning

2013-03-08T16:48:08Z

Forklifts are commonly used in the manufacturing and construction industry, making it vital that workers and employers in these industries understand the safety risks associated with forklifts.

While many employers understand their duty to educate and train employees on how to drive forklifts, many employers and workers don't understand the hazards of using forklifts and the importance of properly ventilating a warehouse or work area when using a forklift.

]]> Not properly ventilating an area where a forklift will be used can be very dangerous for workers. A recent workplace safety incident shows just how dangerous forklifts can be and how many workers are unaware of certain hazards to their health.

Four workers became ill and almost passed out after working around a forklift that was powered by liquid petroleum gas (LGP). Because the warehouse they were working in was properly ventilated, the workers breathed in too much of the gas and became ill. The incident could have much worse if a worker would have passed out while using machinery or performing job duties that could have resulted in a serious accident or fatality.

An investigation of the work site found that it had no mechanical ventilation, making it very dangerous to be operating LPG forklifts. In addition, the site did not have carbon monoxide detectors and lacked employee training.

This incident shows the importance of understanding the hazards of using forklifts and other machinery inside. Employers and workers need to understand the hazards associated with carbon monoxide poisoning, especially if they are working with forklifts and other machinery powered by LPG. Failing to monitor carbon monoxide levels and train workers about these hazards can result in fatal consequences.

Source: EHS Today, "Forklift Safety Is No Laughing Matter," Tom Andel, Feb. 5, 2013

Our law firm represents workers who have suffered an injury or illness. To learn more about our law firm, please visit our Pennsylvania Workers' Comp Law page.