Worker Comp Generally

August 2, 2012

Children of Injured Workers Can Get Help

When we attended the Annual Workers’ Compensation Conference in Harrisburg, presented by the Pennsylvania Bureau of Workers’ Compensation, more was discussed than just the status of workers’ compensation laws in PA.

Though we did certainly have sessions regarding many topical issues with the Pennsylvania Workers’ Compensation Act, including scope and course of employment, positive work rules, undocumented workers, Medicare Set-Asides, recent legal developments, along with other various medical and legal issues, time was also taken to share the importance of Kids’ Chance, a charity “dedicated to helping our kids who need it most – those who need assistance for college or vocational education because a parent was killed or injured in a work-related accident.”

We would urge injured workers, and families of injured workers, to avail themselves of this valuable resource.

July 26, 2012

New Threat to Workers’ Compensation in PA

by Glenn Neiman

Through the efforts of concerned citizens, and attorney groups united to support injured people, such as the Pennsylvania Association for Justice, there has been no legislation really harmful to the injured workers in Pennsylvania passed since 1996. Unfortunately, it appears there is now a new threat on the horizon, and we call on every injured person, and anyone who cares about the injured worker in PA, to make their concerns known to their State Representatives and State Senators.

The Pennsylvania Chamber of Commerce has a new “wish list” for the reform of the workers’ compensation system in PA. The changes desired by the Chamber primarily impact the medical providers, rather than the injured workers directly. Obviously, however, this will impact the injured worker by narrowing the treatment options open to injured workers in Pennsylvania, and generally add another layer of difficulty to what is already a minefield for those unfamiliar with the process.

One of the primary changes that the PA Chamber of Commerce would have made is to increase the time an injured worker in PA is required to treat with a company “doctor” from 90 days to 180 days. Any injured worker who has experienced substandard medical care in those first 90 days, or the difficulties of having a medical provider more concerned with a return to work than a cure, understands the significance of this expansion. No mention was made by the Chamber of the developing practice we are seeing where the injured worker is stuck with a nurse practitioner for that captive period, effectively denying the injured worker from even being evaluated by a medical doctor.

May 31, 2012

Pennsylvania Workers’ Compensation Calculator

by Glenn Neiman

Workers’ comp awards differ greatly based on numerous factors. Salary, severity of injury, type of injury, and permanency of injury all factor into the amount you will receive for your work related injury.

It is impossible to state exactly how much you will receive without going through the PA workers compensation process. We may be able to provide you with a rough estimate, but it will only be rough.

There is no workers compensation calculator specifically for PA. We have friends who are Maryland workers’ compensation lawyers who have developed a calculator for workers’ comp in Maryland.

April 10, 2012

Concussions can be a Real Headache for Injured Workers

by Glenn Neiman

As many of our loyal readers know, we occasionally delve into the world of sports for matters that may be of interest to injured workers in Pennsylvania. For example, we have brought up injury problems facing a football player for the Philadelphia Eagles as well as a hockey player for the Philadelphia Flyers.

Perhaps no injury is seen more often in football and hockey these days, however, than concussions. Indeed, as Melissa Gilbert can attest, even Dancing with the Stars can lead to such an injury.

Typically, though, a professional athlete, or an actress, is not doubted about whether an injury has been suffered. Treatment is readily given and the condition is taken very seriously. Often, the injured worker in PA does not have such a luxury.

March 21, 2012

Hurt at Work in PA – Have Medical Questions?

by Glenn Neiman

As attorneys who represent folks who have been hurt at work in Pennsylvania, we get many questions beyond legal ones dealing with PA workers’ comp issues. The average injured worker has led a fairly healthy life, and this change is sudden and understandably scary. Many injured workers have medical questions, not only about their conditions, but how their conditions may relate to workers’ compensation issues.

Seeing this need in the community, we have created a new page on our website, Medical FAQ. We hope this new page will provide some helpful answers to questions held by injured workers throughout Central and Southeastern Pennsylvania.

Of course, every injured worker is free to contact us, to get answers to questions regarding any aspect of their workers’ compensation issues. We take pride in limiting our entire practice to helping injured workers with their workers’ comp cases.

January 18, 2012

Workers’ Compensation Specialty Coming to Pennsylvania

by Glenn Neiman

As attorneys who limit their practice to representing the injured worker in PA workers’ comp cases, we are thrilled by the recent announcement that the Supreme Court of Pennsylvania has approved the process of creating a “certified workers’ compensation attorney” in Pennsylvania (or, in other words, a workers’ compensation specialist).

We have seen the damage done to cases when an injured worker trusts a general practitioner to handle a Pennsylvania workers’ comp case. The Pennsylvania Workers’ Compensation Act is a complicated piece of legislation. As loyal readers of our blog know, this is a frequent topic of cases decided by the appellate courts in PA. Trusting a workers’ compensation case to an attorney not experienced in that area of law is akin to having an orthopedist handle your coronary artery bypass surgery. Just not a good idea.

A work-related injury can cause tremendous disruption, and loss, to both the injured worker and his and her family; we are thrilled that in the near future, that injured worker can have the confidence that he or she is selecting a “certified workers’ compensation attorney.” We, of course, look forward to becoming “certified workers’ compensation attorneys” as soon as the process for the testing and certification is completed.

November 7, 2011

Pennsylvania Workers Compensation Lawyer Blog Again Selected as Top 25 in Country

by Brilliant & Neiman

Once again, we are honored and excited to report that our blog has been selected by LexisNexis as one of the Top 25 Blogs for Workers’ Compensation and Workplace Issues for 2011. We recognize all of the wonderful blogs out there covering not only Pennsylvania workers’ comp issues, but also blogs covering workers’ comp across the entire Country. It is for this reason that we are so humbled at again being recognized. We are especially proud, since this is our third such recognition in the past four years.

We again thank LexisNexis, and our loyal readers, for this providing us the opportunity to serve. We will make every effort over the ensuing months, and years, to show that we are worthy of this recognition.

October 26, 2011

Election of Commonwealth Court of Pennsylvania Judges

by Glenn Neiman

Over the years, we have had blog entries on many different topics of interest to the injured worker in PA. One theme we have never dealt with, however, is the emotionally-charged area of politics. While we generally try to avoid politics, we would be remiss if we did not comment about one of the candidates for Judge on the Commonwealth Court of Pennsylvania.

As loyal readers of our blog know, the Commonwealth Court of Pennsylvania is the next appellate level, above the Workers’ Compensation Appeal Board (WCAB). This Court must address many issues directly impacting the lives of injured workers in PA. Judges on this Court are elected in the general election. We believe it is important for voters to be informed, allowing them to make the best decisions possible.

One of the candidates for Commonwealth Court Judge in the election coming up on November 8 is Kathryn Boockvar. Back in June of this year, we attended the 10th Annual Workers’ Compensation Conference in Hershey, PA, which is presented by The Pennsylvania Bureau of Workers’ Compensation. In addition to the many attorneys who practice in the area of PA workers’ comp, we noticed Ms. Boockvar in attendance. We were both impressed and encouraged that Ms. Boockvar was interested enough in the PA workers’ compensation system to attend such an event. In addition to her obvious interest in workers’ compensation, her resume shows that she spent much of her career representing disabled individuals.

July 25, 2011

Seminar – Changing Description of Injury in PA Workers’ Comp

by Brilliant & Neiman

Guiding PA workers’ compensation attorneys in how and why to expand the description of injury in a Pennsylvania workers’ comp case was the topic of the most recent seminar given by one of our partners, Glenn C. Neiman, for Lawline.com on July 22, 2011. Unlike the previous work Mr. Neiman has done for Lawline.com, this recent seminar was streamed live to attorneys across Pennsylvania (and the rest of the Country as well). In addition to discussing the nuts and bolts of changing a description of injury, Mr. Neiman also gave a brief update regarding some recent decisions from PA Courts of interest to the Pennsylvania workers’ comp lawyer community.

“The description of injury is really what drives a workers’ comp claim in Pennsylvania,” Mr. Neiman explained, when asked why this topic is important, “When we look at whether a work injury is fully recovered, or whether an injured worker can go back to work, or whether medical treatment is related to the work injury, we are always looking at the accepted work injury.”

While the seminar was performed live, it will also be added to the Lawline.com catalogue, so other attorneys across PA can learn about this important topic. “Not every firm limits its practice to Pennsylvania workers’ compensation cases like we do,” said Mr. Neiman, “so this seminar is of special benefit to those attorneys who do not handle PA workers’ comp matters on a regular basis.”

July 19, 2011

Pennsylvania Firefighters Now Protected Against Risk of Cancer Under PA Workers’ Comp

by Glenn Neiman

On July 7, 2011, Governor Tom Corbett signed House Bill 797 into law, as Act 46 of 2011, amending the Pennsylvania Workers’ Compensation Act by giving firefighters protection against the risk of cancer. The legislation adds a presumption that cancer suffered by veteran firefighters is related to their work duties. More information can be found in the related press release.

This new law, of course, has been well received by groups associated with firefighters in Pennsylvania, such as Delaware County Firemen’s Association, Pennsylvania Professional Fire Fighters Association, International Association of Firefighters Local 2781 and Firehouse.com.

As attorneys representing injured workers in PA, we applaud the Pennsylvania legislature for passing this measure, and providing support to the brave men and women who put their lives on the line for us every day of the week.