As we have mentioned, workers’ compensation laws vary widely from State to State, making the selection of which workers’ compensation laws apply to a given case a critical determination. As much as there are things in PA law that benefit the workers’ comp insurance carrier, many aspects of Pennsylvania law…
As noted on our website, generally, an injured worker cannot sue his or her employer for its negligence in causing a work-related injury. Additionally, unlike in a negligence case, workers’ compensation benefits do not include payment for pain and suffering. Occasionally, however, there is another party (a “third party”) that…
To win a contested workers’ compensation case in Pennsylvania, the injured worker must prove that he or she suffered an injury while in the scope and course of employment and that he or she is disabled as a result of such injury. The situation only changes moderately when the injured…
When the Supreme Court of Pennsylvania decided Lewis v. Workers’ Compensation Appeal Board back in 2007, we attorneys who represent the injured worker thought things had really changed. No longer could the workers’ comp insurance carrier file Termination Petition after Termination Petition in an endless series to evade the payment…
There is an old saying in law that one only gets “one bite at the apple.” That means, basically, that you have a chance to file your claim or suit or whatever, litigate the issue and obtain a final decision. Once that is done, you can file an appeal of…
As we have mentioned several times on this blog, and even discussed on our website, most employees in Pennsylvania are covered under the Pennsylvania Workers’ Compensation Act. However, different groups of employees fall outside this coverage for various reasons. One of those groups, employees who work in maritime industry, was…
***********SUPREME COURT OF PENNSYLVANIA HAS ACCEPTED APPEAL – UPDATE WILL FOLLOW WITH DECISION******** Under the Pennsylvania Workers’ Compensation Act, injured workers in PA are protected against most types of injuries or conditions. One thing specifically noted is a category of “occupational diseases.” These cover ailments found predominantly in a…
In theory, a workers’ compensation insurance carrier can be required to pay part of, or even the entire, cost of counsel fees owed to the attorney for the injured worker. This is to be awarded any time the insurance carrier lacks a “reasonable basis” to file or defend a litigation. …
Back in February, 2015, we posted a blog entry expressing our disappointment in the decision rendered by the Commonwealth Court of Pennsylvania in the matter of IA Construction Corporation v. Workers’ Compensation Appeal Board (Rhodes). We are now delighted to relate that the Supreme Court of Pennsylvania, the top appellate…
Every employer in Pennsylvania must carry PA workers’ compensation insurance (unless exempted for some reason, such as qualifying to insure itself). The failure to carry workers’ comp insurance is a criminal act, one punishable by a fine and/or incarceration. Unfortunately, not all employers in PA obey the law. As we…