Pennsylvania Workers' Compensation Lawyers Blog

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.

The Importance of Notifying Your Employer of Your Injury

Published on: May 25, 2010 | O'Connor Law

The case of a Pennsylvania woman whose workers’ compensation claim petition was reversed is an important reminder of how critical it is to report your work injury immediately to your employer.

A worker claimed that after cleaning 42 tanning beds in one day, she experienced numbness in her right arm and several fingers, and pain in her shoulder. She was awarded temporary total disability benefits after alleging that she suffered a disc herniation with radiculopathy. However, the Pennsylvania Workers’ Compensation Appeal Board reversed the petition, finding that the claimant failed to provide timely notice of her work injury to her employer.

The injury took place on May 25, and the employee told her employer on May 31 that she had pain and numbness going down her arms. However, she did not specifically relate these problems to her work until she sent a letter to her employer on Oct. 11. Since this date was more than 120 days from the date of the work injury, the board concluded that the claimant failed to provide notice in a timely manner and she was denied compensation.

Misclassification of Employees Continues to Be an Issue in Pennsylvania

Published on: May 14, 2010 | O'Connor Law

We read an interesting article this week on Pittsburgh’s Post-Gazette.com on the misclassification of employees.

According to the article, the state’s Unemployment Compensation fund is being underfunded because about 9 percent of the state’s workforce are misclassified as independent contractors. By categorizing a worker as an independent contractor, a company save money because it does not need to pay for benefits for the employee including workers’ compensation and unemployment insurance.

But determining whether or not a worker fits the description of company employee can be tricky. In addition, many workers are just happy to have a job and may not want to cause a stir given the current recession and high unemployment rates. It might not become an issue for the worker until he or she is hurt on the job. To read the full article, click on this link.

Today is the First National ‘No Phone Zone’ Day

Published on: April 30, 2010 | O'Connor Law

In January, Oprah Winfrey began a campaign and launched a public service announcement to end distracted driving. Today, April 30, is the first national “No Phone Zone” Day, an effort to break Americans of the deadly habit of talking or texting while driving, a habit that kills nearly 6,000 people a year, according to the National Highway Traffic Safety Administration.

“A call or text isn’t worth taking a life,” said Winfrey.

On Friday’s show, Winfrey will interview Jacy Good of Lancaster County, who lost both her parents when a tractor trailer driver who was talking on a cell phone drove into the path of their car.

Deadline Today to Vote in Pennsylvania’s May Primary

Published on: April 19, 2010 | O'Connor Law

Pennsylvania Governor Edward G. Rendell is reminding residents that today is the deadline to register to vote in Pennsylvania’s May 18 primary election. In the primary, voters cast ballots for candidates for a variety of offices, including governor, lieutenant governor, state senator and representative, and U.S. senator and U.S. representative.

Secretary of the Commonwealth Pedro A. Cortes said, “I would like to remind everyone who has moved since they last voted to apply for registration using their new address.

Individuals applying to register to vote for the May 19 primary must be:

O’Connor Law Introduces Live Chat Feature to Website

Published on: April 16, 2010 | O'Connor Law

In an effort to be as responsive to our clients’ needs as possible, the law office of O’Connor Law has added a live chat feature to our website (www.oconnorlaw.com). Now if you have a question at any time of the day, you’ll be able to reach us through a simple click of the mouse. Let the experienced attorney team at O’Connor Law get you the justice you deserve.

Wilkes-Barre Businessman Violated Workers’ Comp and Income Tax Laws

Published on: April 13, 2010 | O'Connor Law

Our thoughts and prayers go out to the families of the miners who were killed in the tragic accident in West Virginia. As residents of the coal region here in Schuylkill County, we are all too familiar with the risks and dangers associated with working in the mines.

On the heels of this accident, we recently saw an article on the TimesLeader.com about a local coal industry businessman who violated workers’ compensation insurance and income tax laws.

According to the article, Al Roman, owner of the Huber Breaker and No. 1 Contracting, was sentenced on six counts of workers’ compensation insurance payment and one count each of willfully evading earned-income tax and failure to make required payments.