Matt's Corner

Insights and answers
from the attorney
who helped
write the book
on workers'
compensation law
in Pennsylvania

Martin Law helps thousands of workers receive the benefits they are entitled to under the law. Many workers share similar concerns and questions. This page is dedicated to providing a periodic update on some of those most frequently asked. It is important to remember that each case is unique; therefore, this information is not a substitute for actual legal advice from your attorney.

Supreme Court Declares Impairment Rating Evaluations Unconstitutional

The most significant judicial decision to change workers’ compensation law in the last 20 years occurred on June 20, 2017 when the Pennsylvania Supreme Court issued Protz v. Workers’ Compensation Appeal Board (Derry Area School District), __Pa. __, A.3 __ (No. 6 WAP 2016 and No. 7 WAP 2016, decided June 20, 2017). In Protz, the Supreme Court invalidated the impairment provision of the Workers’ Compensation Act, which was previously used to limit injured workers’ entitlement to ongoing benefits. Specifically, Section 306(a)(2) of the Act, which was added in 1996, provided that an injured worker’s benefits could be capped at 500 weeks of future disability if after two years an impairment rating was performed, which found that the worker had... Read More

High-quality Medical Treatment for Injured Workers

One of the hardest problems an injured worker faces is obtaining high-quality medical treatment. Frequently this is a complicated decision. As lawyers, we can help guide our clients, but we are not doctors. I am frequently asked the questions: "Is my doctor doing the right thing?" or "Should I have surgery?” I can provide guidance from past experience, but each individual medical decision is between the patient and the doctor. While it is extremely important to treat for your work injury, it is also important to maintain your regular healthcare. Many people suffer other medical complications while recovering from a work injury. Common conditions such as hypertension, diabetes and weight control can be harder to manage during a work injury.... Read More

Is my workers’ compensation taxable?

"Do I have to pay taxes on workers compensation?" It's that time of year that everyone hates, yes it is tax season. I am frequently asked the question, "Is my workers compensation taxable?" The answer is no. There is no federal or state income tax applied to the weekly receipt of the workers’ compensation check. In addition lump sum settlements in workers’ compensation are not subject to taxation. You will not receive any tax notification documents and it is not necessary to include worker's compensation as income on your return. Nevertheless if you were on Social Security Disability and Workers’ Compensation simultaneously, it may trigger a tax notification on the Social Security Disability income. This is a more complicated issue... Read More

Unemployment Compensation

Clients frequently ask whether they can receive unemployment compensation while waiting for a claim to be decided in a Workers’ Compensation case. The answer, as usual is it depends on the status of the case. If you are working light duty as a result of your injury and your employer lays you off you are eligible to apply for unemployment compensation. This is because you are willing and available to do light duty employment but the employer no longer makes the job available. It is important to remember if you receive unemployment compensation it can be deemed an offset against workers’ compensation benefits. Therefore, if you are on unemployment and you then receive an award of workers’ compensation, that award... Read More

Can I sue my employer for negligence?

When the Workers’ Compensation Act was first created at the turn of the Century (the early 1900’s) one of the purposes was to create immunity against civil suit by an employee against their employer in exchange for receipt of the workers’ compensation benefit. In most circumstances if the injury arises solely from the conduct of the employer or a co-employee it is not subject to civil suit. Nevertheless, if your work-related injury arises from the conduct of a third-party then you have the right to sue the third-party. As an example if you are on the job and you have a motor vehicle accident due to the negligence of a third-party driver you are potentially entitled to bring a suit... Read More

Best Lawyers 2017

Matthew L. Wilson has been named Best Lawyers® 2017 Workers’ Compensation Law–Claimants, “Lawyer of the Year” in Philadelphia.

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Awards & Accomplishments

The workers' compensation attorneys at Martin Law have received numerous honors and awards—from other lawyers, neutral third-party publications and trusted consumer organizations. The achievement we are most proud of is simply being able to help the many decent, hardworking people who have suffered the misfortune of a work injury.