Workers' Compensation

New York State Shuts Down Company after Worker’s Death

Published on: February 7, 2011 | O'Connor Law

A tortilla factory was closed by the New York State Workers’ Compensation board after an employee was caught in a mixing machine and died.

A surveillance video shows the employee reaching into the machine to push down dough before his arm got caught on one of the blades, pulling him in.

When officials from the state visited the factory after the accident, they found that the company’s workers’ comp policy had lapsed in March of last year. Although it’s not commonplace for the state to shut down a company when the insurance has lapsed, the death of the employee prompted the visit and subsequent closure by officials. A NY State Workers’ Compensation spokesman said, “The owner would need to get the insurance and pay fines before he is permitted to reopen.” Currently, the company owes $56,000 in penalties. The Occupational Safety and Health Administration and the Department of Labor are also looking into the incident.

Accident Injures Worker on Industrial Site in Western PA

Published on: January 31, 2011 | O'Connor Law

Early Sunday morning, emergency responders freed a man whose arm had been trapped in an underground conveyer belt at an industrial site in Monaca, PA.

The Associated Press reported that the man’s arm became pinned just before 4 A.M. Sunday morning as he was loading limestone onto the conveyor belt. Barges are loaded and unloaded on the Ohio River at the site of the accident. It took more than six rescue workers over two hours to free the injured man, who was then taken to the hospital.

Machine accidents like this can occur, and are often beyond anyone’s control. Many machinery accidents can result in serious or permanent injury. Although every situation is different, it’s important to remember that employees are entitled to receive workers’ compensation benefits if they suffer an injury that arises out of and in the course and scope of their employment.

Machinery can malfunction or there may be defective parts. In a case such as this, a worker may not only be entitled to workers’ compensation, they may also have a third party claim for product liabilty.

The Basics of Back Pain at Work

Published on: January 3, 2011 | O'Connor Law

Anyone who has experienced a back injury knows just how painful it can be. No matter how serious the injury may be, the constant discomfort can make it difficult to focus on your work. Some jobs require a person to use more of the muscles in their back, like those in construction, manufacturing, and the nursing field. But even office workers can risk the chance of a disabling injury if they don’t follow proper safety procedures.

The staff of the Mayo Clinic put together a helpful article on their website, MayoClinic.com. They’ve identified some causes of workplace back pain and some tips for avoiding injury.

Work Factors That Can Cause Back Pain
The Mayo Clinic identified 4 factors that can increase the risk of back pain or injury in the work environment.

Force: Exerting too much force on your back can cause injury. Jobs that prone to causing injury can include those jobs that are physical in nature, or involve moving or lifting heavy objects.

Repetition: Tasks that involve repeating a movement over and over can lead to muscle fatigue or injury. This can include jobs where your body may be positioned awkwardly or where you must stretch to the limit of your range of motion.

Posture: The position you use when performing your job can also be a factor that can increase the risk of back pain. Sitting for extended periods of time, like those who work at a computer, might cause you to experience occasional aches and pains, especially if your position is not adjusted.

Stress: The pressure we experience in our home and work life can lead to muscle tension and tightness, which in turn can lead to back pain.

Tips for Avoiding Injuries
Be fit: The Mayo Clinic recommends that regular activity is best for a healthy back. Maintain a healthy weight for your age and height, as extra weight can create more stress on the back. Core strengthening exercises, that target the abdominal and back muscles, also help.

Pay attention to posture: The Mayo Clinic emphasizes that poor posture adds stress to your back. But good posture actually relaxes muscles and makes balancing your body easier. They recommend that if you stand for long periods of time, occasionally rest one foot on a stool or small box. Don’t bend forward to do work. When sitting, use a chair with good back support and make sure your feet are flat on the floor. If you must use a chair that does not support your back, place a rolled towel or small pillow behind your lower back.

Lift properly: The key to proper lifting is to always lift with your legs, keeping what you are lifting close to your body. Do not be afraid to ask for help if a load is too heave to lift on your own.

Adjust your work space: Observe your office or work space and make changes that to reduce physical demands. For instance, trying using a headset if you are on the phone for most of the day. Don’t use your shoulder to hold the phone against your ear. If you use a computer, make sure your monitor and your chair are positioned properly.

Address mental health concerns: Stress can cause your muscles to tense, and that tension can cause injuries. Coping mechanisms, such as deep-breathing exercises, going for a walk, and discussing problems, can help minimize stress.

Allentown Workers File Class Action Lawsuit Against Food Service Company

Published on: December 27, 2010 | O'Connor Law

In this economy, many people are working hard to stretch their dollar as far as they can. For hourly workers, every dollar counts. An example of workers fighting for their right to hours worked appeared in a recent article in the Dec. 15 edition of the Allentown Morning Call.

A class action lawsuit was filed in Lehigh County Court on Dec. 9 by food service workers at St. Luke’s Hospital and Good Shepherd Rehabilitation Hospital. The complaint alleges that the food service company, Sodexo Inc., forced their food service employees at both hospitals to work when they were off the clock.

The suit was filed by two Sodexo employees on behalf of up to 80 current and former employees. According to the article, the suit says Sodexo demanded or permitted employees to start work early, work after hours and during lunch breaks without pay.

One example in the complaint states that the 2 employees routinely had to start their shifts 45 minutes before their scheduled start time. In an effort to discourage employees from recording their actual time worked, the complaint alleges the timekeeping system was programmed to “accept employee clock-ins no more than three to seven minutes before the start of the scheduled shift and clock-outs no more than three to seven minutes after the end of the scheduled shift.”

In the article, one employee said she makes $15.03 an hour to cook, bake, make desserts, prepare food trays, and clean dishes. She said workers prepares close to 400 meals a day. Although she works extra, she never gets paid overtime. It’s difficult to support her family as a single mother with health care premiums costing her around $350 a month.

The article states that Sodexo employs more than 1,000 workers in the Lehigh Valley, some of whom only earn a dollar over minimum wage. The workers are trying to unionize under the Service Employees International Union. Food service workers at Good Shepherd went on a one-day strike in October, along with food service workers at Sacred Heart and Lehigh Valley Hospital, complaining of low wages, poor benefits, and anti-union tactics.

Misclassification of Construction Workers

Published on: November 29, 2010 | O'Connor Law

Pennsylvania recently joined a growing number of other states that have developed laws establishing certain requirements regarding the misclassification of workers as independent contractors. Pennsylvania’s Construction Workplace Misclassification Act, effective in February 2011, determines whether workers in the construction industry are independent contractors or employees for purposes of workers’ compensation and unemployment benefits.

Under the Act, an individual who performs services for money in the construction industry can be considered an independent contractor only if he or she: (1) has a written contract to perform the services (2) is free from control over performance of the services and (3) Has an independently established trade, occupation, profession, or business.
To be considered an independently established trade, occupation, profession or business the individual must meet these requirements:

(1) Possess the essential tools, equipment and other assets necessary to perform the services of the person for whom the services are performed;
(2) Have an arrangement in which he or she realizes a profit or suffers a loss as a result of performing the services.
(3) Perform services through a business in which he or she has a controlling interest.
(4) Maintain a business location that is separate from the location of the person for whom services are performed.
(5) Have previously performed the same or similar services for another person, while .

Workers’ Compensation: Would a Lump Sum Settlement Work For You?

Published on: October 18, 2010 | O'Connor Law

The Pennsylvania workers’ compensation law provides that if you have suffered a work related injury, it is possible that you may be entitled to receive a “lump sum settlement”. This also can be referred to as a “compromise and release”, which is a one time payment that can replace the hassle of dealing with weekly workers’ compensation checks.

The lump sum settlement may be a great avenue for people looking to get back on their feet after being out of work for a significant period of time. Many people use this one time payment to pay bills and expenses which have accumulated due to only receiving a weekly check.

If you do decide to accept a lump sum settlement it is imperative that you speak with an attorney before making your decision. There are many gray areas in the workers’ compensation process which could leave you without receiving owed monies or paying out of pocket for medical

Tips for Handling a Workers’ Compensation Claim

Published on: September 8, 2010 | O'Connor Law

Tips for handling a Workers’ Compensation Claim
Unfortunately injuries happen daily. It’s important that you know what the proper steps are in order to protect your interests and any possible claim you may have for workers’ compensation. Here are a few helpful hints when dealing with workers’ compensation:
1st – Many injured employees will ignore a serious injury; often times not reporting it to their employer for several days. This can result in many problems if you seek to file a claim. It is important that if you’re hurt on the job you inform your employer the day in which it happened. Some insurance companies may try to deny or delay a valid claim due to the simple fact that the claimant did not inform them of an injury. Almost all companies have injury procedures in place and it is important to follow the procedures which are in place. This will help to insure that you receive everything which you deserve.
2nd – When injured on the job, it is crucial that you seek medical attention immediately. Sometimes injured workers tend to put off meeting with a doctor. It is essential in the workers’ compensation process that the injured employee seeks prompt medical attention. The worker should be guided by his or her supervisor through this process.
3rd – An insurance adjuster may contact the injured employee to determine if the claim is progressing properly. The adjuster may ask for a statement from the injured. It is imperative that you realize that any statement which you may give has implications to your claim. We suggest that you seek legal assistance immediately. Once the claimant has established a relationship with an attorney, the adjuster will no longer contact the person directly, but will speak directly with counsel.
4th – It is also very important that the injured follow all guidelines set by the doctor, such as only lifting a certain amount of weight or “light duty”. If the worker violates any of the set guidelines he or she may have a loss or reduction in benefits.
5th – The injured worker needs to follow the procedures outlined by both their employer and the insurance adjuster. Throughout the healing process, the injured workers will be monitored by their physician and the claims adjuster.

Attorney David A. Miller at O’Connor Law Included in the 2010 Pennsylvania Rising Stars List

Published on: June 15, 2010 | O'Connor Law

It is with great pride that the attorneys at O’Connor Law, LLC announce that Attorney David A. Miller has been selected as a Pennsylvania Rising Star in the field of personal injury.

Pennsylvania Rising Stars, as published in the June 2010 edition of the Philadelphia and Pennsylvania Super Lawyers magazines, represent the top 2.5% of attorneys across the state. To be eligible for selection as a Rising Star, an attorney must be age 40 or younger, or in practice for 10 years or less.

Rising Stars recognize the top up-and-coming attorneys in the state. The Pennsylvania Rising Stars for 2010 were selected from the results of an extensive nomination and polling process conducted by Law & Politics and published in the June 2010 issue of Philadelphia magazine and in Pennsylvania Super Lawyers – Rising Stars Edition. This is Miller’s second year to make the Rising Stars list.

Two Attorneys at O’Connor Law Top the 2010 Pennsylvania Super Lawyers List

Published on: June 15, 2010 | O'Connor Law

For the seventh year in a row, Michael J. O’Connor, founder of O’Connor Law, was selected and named as a Pennsylvania Super Lawyer in the field of workers’ compensation law as published in the June 2010 edition of Philadelphia Magazine as well as the recent edition of Super Lawyers magazine.

In addition to Mr. O’Connor, Attorney Paul J. Duffalo was named to the list this year.

Attorneys named Super Lawyers are considered to be the top five percent of attorneys in each state, as chosen by their peers and through the independent research of Law & Politics. O’Connor was named a Super Lawyer in 2004 and each year following, making this his seventh year in a row to top the list of workers’ compensation attorneys in Pennsylvania. This is Duffalo’s third year to make the list.

To be named a Super Lawyer, an attorney must first go through a rigorous three-step process that begins with a nomination by his/her peers. The nominations occur on ballots that go out to all lawyers throughout the state who have been in practice for at least five years. These nominations are to be based on personal observation rather than solely on reputation.

O’Connor’s seventh consecutive Super Lawyer designation makes evident his continued determination to uphold an outstanding level of legal representation. Duffalo has been recognized for his success and hard work for the third year in a row, and will undoubtedly continue to be named to the list in the coming years. His dedication to injured workers is recognized amongst his peers and demonstrated in his professional achievements.

Workers’ Compensation and Medical Leave

Published on: May 26, 2010 | O'Connor Law

If a worker is injured on the job, he or she may consider using a medical leave instead of filing a workers’ compensation claim. But without knowing the difference between family medical leave and filing for workers’ comp, the injured employee could do more damage to themselves in the long run financially.

The Family Medical Leave Act (FMLA) entitles an eligible employee up to a total of 12 weeks of unpaid leave during any 12-month period because of a serious health condition. An employee may elect, or the employer may require, the employee to substitute accrued paid vacation, personal leave, or sick leave during this period of time. When the employee returns to work, the employer must return the worker to his former position or an equivalent position, with equivalent employee benefits. Usually, when an employee takes FMLA leave, he or she does not get paid. The employee may elect to use vacation pay, sick pay, or paid time off if the employee has earned these benefits.

If an injured worker takes Family Medical Leave, but finds that he or she cannot return to work after the 12 weeks expire, generally the employer is not obligated to rehire the worker at a later date. In these types of cases, the employer is not required to hold the job open indefinitely.