Pennsylvania Workers' Compensation Lawyers Blog

Workers’ Compensation Under Attack by Businesses and Insurance Groups

Published on: April 23, 2011 | O'Connor Law

Our colleagues at the Workers Injury Law & Advocacy Group (WILG) provided information in an article posted in today’s Huffington Post about reform of workers’ compensation laws. At issue is a Maine bill that would lessen the role of psychological and emotional harm in determining a worker’s right to compensation after an injury. On one side is the Maine Chamber of Commerce and insurers who are for the bill. On the other side are labor groups and workers, in particular emergency responders, who feel that mental and emotional injuries are as important as physical injuries when it comes to compensation.

Proponents say the reforms are aimed at lawyers who manipulate the system. The articles points out legislative activity in a number of states, including Maine, North Carolina, Illinois, and Montana, that is attempting to reign in the costs to employers of workers’ compensation claims.

In the article, a representative of the WILG, which represents claimants’ attorneys, told the Huffington Post that “workers’ rights and benefits, nationwide, appear to be under greater attack this session.” For example, in North Carolina there is no cap on the amount of time an injured worker can collect compensation. But opponents would like to see that limited to 500 weeks, saying higher taxes and insurance premiums for employers discourages businesses from settling and staying in the state. Those against the cap are afraid such a bill could make it harder for injured workers to change doctors and could redefine what is meant by “suitable” employment.

Surgery and Workers’ Comp

Published on: April 19, 2011 | O'Connor Law

An interesting article that we found recently on Becker’s Orthopedic, Spine & Pain Management Review outlines some factors that doctors and surgeons take into consideration before performing surgery on workers’ compensation patients.

1. Some spine surgeries that can be done in an outpatient ambulatory surgery center usually reimburse well for workers’ compensation cases. So it may not be uncommon for a doctor to recommend an anterior cervical and lumbar discectomies and some fusions to be done in the outpatient setting.

2. When a doctor assesses a patient for surgery, they not only examine a patient’s physical characteristics; they also assess a patient’s psychological health and the patient’s motivation to recover. Another factor they consider is the length of time a patient has been on pain medication, as that can cause further complications.

3. According to an article published in the Journal of Spinal Disorders & Techniques, recovery expectations among workers’ compensation patients with back pain can predict their recovery. A study of workers’ compensation claimants found that those who had negative work-related recovery expectations were more likely to have slower suspension of time-loss benefits and slower claim closure in patients with back pain.

4. A study by Trang H. Nguyen, MD, of the University of Cincinnati College of Medicine, showed that spinal fusions led to worst long-term outcomes in workers’ compensation patients compared to those patients who underwent nonsurgical treatment. The study examined workers who underwent spinal fusion for low back pain, most of whom had degenerative disc disease, herniated discs or nerve root disease. Spinal fusion patients were also more likely to continue to use opioid drugs for pain management. Those who received conservative treatment were more likely to return to work.

5. Doctors and surgeons are required to predict outcomes and recover time by the claimant’s company because the company must set aside money for the employee’s medical care until the injury is healed. The physician’s prediction can be off, however, in which case the company will ask the physician to revise it.

Will Pennsylvania Offer Workers’ Compensation Coverage to Small Business Owners?

Published on: April 4, 2011 | O'Connor Law

The InsuranceJournal.com has reported the Pennsylvania insurance agents are asking lawmakers to pass legislation that will allow insurers to cover owners or partners of small businesses through a workers’ compensation policy.

Although this legislation was introduced last year to the general assembly, it failed to make it out of committee. Kari Kissinger, government affairs director for the Insurance Agents & Brokers Group in Pennsylvania, is optimistic this year, saying, “Insurers have supported it in the past and we anticipate that they will do the same this session.”

The legislation would change the insurance laws in the state of Pennsylvania, to allow coverage for sole proprietors, partners of a partnership, or officers of a limited liability company.

O’Connor Law Go Hog Wild at the Reading Super Swap 2011

Published on: March 30, 2011 | O'Connor Law

Nearly 2,000 motorcycle enthusiasts revved their engines along with the staff of O’Connor Law at the Reading Super Swap 2011 on March 27 in Reading, PA. The motorcycle and parts swap is an annual indoor showcase that took place at the Greater Reading Expo Center.

The event was sponsored by the law offices of O’Connor Law. Over 200 motorcycles were displayed, from classic rides to re-cycle cyles to new models. Attendees received door prizes and cash awards were given for custom bikes.

In support of the event, the staff of O’Connor Law wore t-shirts with the Super Swap logo, as shown in the photo above.

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