Filing a Civil Suit after a Workplace Injury in Pennsylvania

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Is Workers’ Compensation an Exclusive Remedy for a Job-Related Injury?

workplace injury in pennsylvaniaIn Pennsylvania, when you’ve been injured in the workplace, you have a right to seek benefits by filing a workers’ compensation claim. As a general rule, there are only two requirements—you must show that you were injured and that your injury occurred on the job. You may be uncertain, though, whether a workers’ compensation is your “exclusive remedy.” Is it your only course of action after an injury on the job?

Not necessarily—Here’s how it works.

The workers’ compensation laws were enacted as the “great bargain,” intended to benefit both workers and employers. For workers, the process can be much simpler, and benefits can start much sooner. Because you don’t have to get on the court’s docket or conduct discovery, you can actually start receiving benefits within a couple weeks or so, provided your claim is approved.

For employers, workers’ compensation provides protection from unlimited jury awards, should the employer be negligent. The benefits are calculated based on prior earnings, with a cap on the amount paid out.

However, workers’ compensation is intended only to provide benefits in the event the employer or a co-employee was negligent. If the carelessness was committed by an unrelated third party, an injured worker is not limited to workers’ compensation benefits and may seek damages in a lawsuit. For example, if a worker is injured in a motor vehicle accident involving an unrelated third party, or is hurt because of the malfunction of a machine or tool, a civil suit may be filed.

In fact, an injured worker can file a personal injury lawsuit and a workers’ compensation claim simultaneously. The only restriction—you can’t recover twice for the same loss. If workers’ compensation paid your medical expenses, you cannot be reimbursed for them in a lawsuit.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have fought for the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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What to Look for in a Workers’ Compensation Attorney

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Workers' Compensation Attorney

Taking the Best Measures to Protect Your Rights

Often, when you’ve been injured at work, it can seem pretty straightforward and you might be inclined to just handle the paperwork yourself. That’s almost always a mistake, as your employer and the workers’ compensation insurer have a vested interest in delaying, diminishing or denying your claim. A good workers’ compensation attorney can help you minimize the risk of delay and ensure that you get all the benefits to which you are entitled. But what should you look for in a workers’ compensation lawyer? Here’s a checklist to help you choose the right attorney for your workers’ compensation claim.

Hire Someone Who Handles Workers’ Compensation All the Time

The workers’ compensation system is complex and has its own set of rules. You don’t want to hire a general practitioner, unless workers’ compensation makes up a substantial part of his or her practice. Even a personal injury lawyer may be unfamiliar with the workers’ compensation laws and procedures. You don’t want to pay for the attorney’s education.

Hire Someone Who Goes to Court on a Regular Basis

If your claim is initially denied—which happens more than you would think—chances are good that you’ll have to appear before a workers’ compensation judge or referee. You can expect that your employer will be represented by experienced trial counsel—you should be, too.

Hire Someone Who Has a Plan

During the interview process, ask each attorney what specific steps he or she will take to get the outcome you want. You don’t want a lawyer who plans to wing it.

Hire Someone Who Will Be There When You Need Answers

In just about every case, regardless of the specific details, there will be questions or concerns. You want to know that your lawyer will be accessible, and that you won’t be shuttled to a clerk or paralegal.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have fought for the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Protecting Your Rights during a Workers’ Compensation Independent Medical Examination

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Workers'-Compensation-Independent-Medical-Examination

When you have been hurt on the job, or contracted a disease because of conditions at work, you have a right to seek benefits under your state’s workers’ compensation laws. Once you have notified your employer of your injury or illness, you will typically be required to submit to an “independent medical examination” by a doctor chosen by your employer or the workers’ compensation insurance company. As a practical matter, the exam is not really independent or unbiased—the doctor will look for reasons to deny or diminish your claim.

Your Rights during the Examination

As a general rule, you will receive a letter notifying you of the scheduled appointment with the company-selected doctor. Often, the letter will include information about whether or not the doctor plans to audiotape or videotape the proceeding. Regardless of the doctor’s intentions, and even if the letter specifically states that audio or videotaping will be allowed, you always have the right to have the examination recorded. If you appear at the scheduled time, and the doctor prohibits you from videotaping the exam, you have the right to politely decline to be examined (you should, however, videotape your request to videotape, as well as the doctor’s refusal).

Be assertive during the examination—make certain the doctor looks at everything that might be ailing you and that might be work-related. In addition, ask the doctor to document everything in writing.

You also have the right to be accompanied by a chaperone or witness when you participate in the IME. The doctor cannot prevent that person from being in the room during the examination, particularly by claiming the doctor-patient privilege. You have the right to waive that privilege with respect to the person who comes with you.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.

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What Happens If You Die without a Will in Pennsylvania?

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The Importance of Having a Valid Will

Probate-Process-in-Pennsylvania

If you’ve been thinking about preparing and executing a last will and testament, but just haven’t gotten around to it, you’re not alone. A recent poll found that less than half of all Americans have a will. In Pennsylvania, as in other states, if you die without a will and there are assets that can only be transferred through the probate process (see our earlier blog about assets that avoid probate), your property will pass under the laws of intestacy, a statute that identifies the order in which assets are distributed.

Assets That Are Subject to the Laws of Intestacy

The laws of intestacy are only applied to those assets that would have been included in your will, had one been in place. As a general rule, that includes only assets that have documents of title, such as a car, house or mobile home, or a bank account, and which you owned individually. Because you are the only person who can legally transfer those assets, the probate court must oversee their distribution.

The Rules Governing Intestate Succession in Pennsylvania

If you die without a will in Pennsylvania and you have a surviving spouse, that person will get some portion of your estate, but the extent of the inheritance will depend on whether you have other living family members. If you have no living parents or descendants at the date of your death, your spouse will receive your entire estate. However, if you have parents or children living at the date of your death, your spouse will receive the first $30,000 of your estate and one half of the remaining amount, unless your descendants are not from that spouse. If they’re not, your spouse at the time of your death gets half of the estate and your descendants get the rest.

If you die intestate, and a probate proceeding is required, the probate court will appoint an executor to handle the estate.

As you can see, if you die without a will, and have property that must go through probate, your loved ones may have to go through a long and arduous process where they have little or no control over the outcome. A well-drafted will may be the best legacy you can leave your loved ones.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online

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Is Worker’s Compensation All That’s Available after a Work Injury?

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Work Injury

When you’ve been hurt in an accident at work or you’re suffering from a work-related repetitive stress injury or illness, one of your first steps will typically be to notify your employer and file for workers’ compensation benefits. The Pennsylvania workers’ compensation system was initially set up as the “grand bargain,” designed to benefit both workers and employers. As an injured worker, if your work comp claim is approved, you’ll have access to benefits much sooner than if you had to file a personal injury lawsuit and go through the civil process. For employers, there’s a specific calculation for benefits, so there’s no concern that a sympathetic jury will return an astronomical damage award.

You may have heard (perhaps from your employer) that workers’ compensation provides the “exclusive remedy” when you have a work injury. That’s not entirely accurate, though, and here’s why. The workers’ compensation system was established to provide a remedy and benefits when your employer or a co-employee is negligent or careless—it’s never been intended to apply to or replace the negligence of an unrelated third party. Accordingly, if your injuries were caused, in whole or in part, by someone other than your employer or a co-worker, you are not limited by the provisions of the workers’ compensation laws, and can file a personal injury lawsuit to seek damages for any losses. For example, if you were injured in a work-related motor vehicle accident caused by a third party, or if your injuries were due to a dangerous or defective product, tool or piece of equipment, you can file a civil suit for damages against that wrongful party.

There are, of course, advantages and disadvantages to being able to file a civil suit for a work-related injury. You have the potential for a more significant damage award, but the process will typically be much longer, so you won’t see any compensation for some time. However, if your injuries were caused in part by your employer’s negligence and in part by a third party, you can simultaneously file a workers’ compensation claim and a civil suit, so you could have some benefits coming in while your personal injury claim makes its way through the legal process. You cannot, however, recover workers’ compensation benefits and personal injury damages for the same loss—if workers’ compensation pays for medical expenses, you can’t recover for those same medical expenses in a personal injury lawsuit.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online

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The Use of Video to Contest Workers’ Compensation Claims

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The Use of Video to Contest Workers' Compensation Claims

When you’ve been injured at work, even if the accident seems pretty straightforward, you shouldn’t be surprised if your employer is less than cooperative when you seek workers’ compensation benefits. Your employer has a vested interest in minimizing the claims that must be paid, as workers’ compensation insurance premiums can increase significantly if there are payouts. As a consequence, your employer and the workers’ compensation insurance provider may be willing to spend time and money challenging your claim. A common approach for doing this—introduce video evidence that shows you engaged in some activity that indicates your injury is not as serious as you claim it is.

That’s right—it’s not uncommon for the workers’ compensation insurance company to hire a private detective to put you under surveillance. If the detective gets footage that shows you playing golf, engaging in manual labor around the house or even carting groceries in from the car, that evidence may be introduced to diminish your claim.

There’s a simple way to ensure that this doesn’t happen—be totally honest at all times. Don’t report your injury as being more (or less) serious than it actually is. If you do, you’ll have to be ever-vigilant that you don’t do something that gives you away…and that’s extremely hard to do. It’s also critical to understand that there’s nothing to be gained by being macho or strong, or to worry that you’re not pulling your weight. You need to be willing to accept that you’ve suffered a serious injury and govern your actions accordingly. And everyone in your household has to accept that as well.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.

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Can You Be Fired for Filing a Workers’ Compensation Claim?

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Can You Be Fired for Filing a Workers' Compensation Claim?

In the aftermath of a work-related injury, you can be reluctant to notify your employer for fear that your job may be in jeopardy. Jobs may be tough to find and there may be a lot of competition for your spot. You may be willing to simply try to ignore the pain, so that you don’t have to worry about getting fired. Can your employer let you go because you’ve sought workers’ compensation benefits after a workplace accident? Can your employer simply fill your position while you are off on disability and claim that there are no openings when you are ready to return to work?

Under the workers’ compensation laws in Pennsylvania, an employer may not terminate or otherwise discriminate against an employee based solely on the fact that the worker has filed a valid workers’ compensation claim. As a consequence, not only are you protected from wrongful discharge, but your employer may not engage in any other actions that will be considered retaliatory, including:

  • Denial of or disqualification for raises, bonuses or  promotions
  • Assignment of undesirable, demeaning or inappropriate work tasks
  • Exclusion from access to benefits readily available to all other workers in similar positions

As a practical matter, because employment is considered “at will” in Pennsylvania, you may have some difficulties proving that you were fired as retribution for seeking workers’ compensation. With at will employment, your employer may terminate your employment at any time, for any reason, provided it’s not contrary to law or public policy. If you can produce credible evidence, though, that you were let go because of the workers’ compensation claim, you will have a right to recover for your losses.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have fought for the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

The Most Dangerous Accidents on a Construction Site

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The Most Dangerous Accidents on a Construction Site

There’s just no way around it—a construction site is a dangerous place to work, maybe the most precarious in the world. Unfortunately, because of a number of factors, many of the injuries sustained on a construction job are serious or even fatal. In 2015, nearly 1,000 workers were killed on a residential or commercial construction site. Statistics show that four kind of accidents account for about two-thirds of all construction site fatalities.

Falls from Heights

Whether it’s a high rise apartment or a single story home, it still involves scaling some height. Even a fall from 10 feet can be fatal under the right circumstances. According to studies, more than a third of all construction site result from falls from heights. This includes falls caused by:

  • The absence of guard rails or barriers, or the failure to maintain construction barriers
  • Negligence in the construction, erection, maintenance, use or assembly of a ladder or scaffold
  • Careless use of buckets, cranes and other equipment

Contact with Electrical Current

About one in every ten fatalities occur when a worker makes contact with live electrical current. Often, it’s loose wiring, but contact with overhead wires is also a leading cause of death.

Caught-Between Accidents

Construction sites have building materials, heavy equipment, barriers and other structures that can trap workers, causing crushing deaths.

Falling Objects

The same things that can cause caught-between accidents can also kill a worker when they fall from an upper level. A little less than one of every ten deaths on a construction site are caused by falling objects.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have fought for the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Consequential Injuries and Workers’ Compensation Benefits

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Consequential Injuries and Workers' Compensation BenefitsOne of the common misconceptions, when you’ve been hurt on the job, is that you can only receive benefits for injuries directly caused by the accident, that your injuries must be substantial, and that they must be obvious. To the contrary, there are times when a seemingly insignificant work-related injury can lead to more serious health problems, ones not directly caused by the accident, but which would not have developed if the accident had never occurred. These are known as “consequential injuries” and will qualify you for workers’ compensation benefits.

Understanding Consequential Injuries

A consequential injury is one that is not directly caused by an accident, but which would not have happened “but for” the accident. Many consequential injuries involve soft tissue or connective tissue, including tendons, ligaments and muscles. For example, you may slip and fall on a slippery floor at work, twisting your ankle. The twisted ankle readily apparent—it may be swollen and you may even see something on an x-ray.

However, you may change the way you walk because of the ankle sprain. Changing your gait may lead to muscle pain in other parts of your body, including your other leg, your lower back and your hips. If the pain or discomfort from those “consequential” injuries makes it difficult or impossible for you to work, you can seek workers’ compensation benefits for those injuries.

Another common “consequential injury” is infection. You may sustain lacerations or abrasions in a work accident, then develop infection in the area of the cut. If the infection prevents you from working, you can qualify for workers’ compensation benefits for the disability and any attendant medical expenses.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have fought for the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Can You Seek Workers’ Compensation Benefits If You Are an Independent Contractor?

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Can-You-Seek-Workers'-Compensation-Benefits-If-You-Are-an-Independent-ContractorIn today’s working world, with the proliferation of telecommuting and working from home, more and more workers are considered independent contractors. It’s a fairly common approach by employers, often an attempt to minimize costs by avoiding tax liabilities, as well as workers’ compensation requirements. However, you won’t be considered an independent contractor just because your employer says you are one, even if you entered into a written agreement. To the contrary, if you are injured on the job, the determination of whether or not you qualify for workers’ compensation benefits will be based on a number of tests, including:

  • The extent to which the company exercised control over your time, assignments, equipment and location—the greater the degree of control, the more likely you will be considered an employee
  • How you were paid—if you were paid per job or assignment, you may still qualify as an independent contractor. But if you received an hourly wage or a salary, you will likely be construed as an employee and eligible for workers’ compensation
  • Whether you provided your own work materials and equipment, including computers, desk , office space and supplies

Contrary to popular belief, there is no requirement that you be on the company payroll to qualify for workers’ compensation, or that the company withhold taxes for you or pay workers’ compensation insurance premiums for you. There’s also no requirement that you maintain an office, locker or similar space at company offices.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.

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