Pennsylvania Law

Workers’ Compensation and COVID-19

Published on: March 30, 2020 | O'Connor Law

During this time of crisis, it’s extremely important to understand that COVID-19, if contracted during your course of work, qualifies as a Workers’ Compensation illness. In other words, if you end up getting the disease, because of a coworker, client, or anyone else you come in contact with during the course of your work day, you may be eligible to receive Workers’ Compensation benefits because of it. As the information regarding the disease, and how it relates to Workers’ Compensation benefits grows, the demand will too.

Workers’ Compensation is one of our state’s greatest achievements. It allows injured workers to receive benefits despite missing time from work. However, in order to receive these benefits, the cause of your missed time must be work-related. This is the biggest challenge in proving any occupational illness as a workers’ compensation injury, because it can be difficult to prove that you got the virus at work and not from someone outside of work. If you were directly exposed at work to someone with a confirmed case of COVID-19 and you have bene effectively socially isolating yourself outside of work, you may have a good case.

Why is it important that you are aware of these protections? As the disease spreads, the likelihood of getting it increases. If you are considered essential, you will be forced to leave isolation and put yourself at risk for the greater good of our country. We are so thankful for your sacrifices and continued dedication, but also recognize the risks that come with it. With growing cases will come growing demand for Workers’ Compensation benefits due to increased exposure. If you experience COVID-19 symptoms we recommend you immediately contact a medical professional. If you are forced to miss time from work because of these symptoms, or any other injury/illness, you should immediately contact a Workers’ Compensation attorney.

What is an “Independent Medical Examination” and What Does it Have to Do With My Workers Compensation Benefits?

Published on: January 25, 2018 | O'Connor Law

An independent medical examination (IME) is a medical evaluation performed on an injured worker by a doctor at the request of the employer/insurance company. It is done to show that a work-related injury no longer exists, that it has decreased in severity, or that the injury isn’t actually work-related.

It is probable that at some point an injured worker receiving workers compensation benefits will be asked to undergo an IME. Under Pennsylvania Workers Compensation Laws, if you are receiving benefits for a work-related injury your employer/insurer can request you to be examined by a doctor in an attempt to limit or eliminate those benefits. The employer/insurer is entitled to have the injured worker undergo an IME every 6 months.

If you are requested to attend an IME it is mandatory that you do so. If you do not attend, without reasonable cause or excuse, your benefits can be denied during the period of your refusal to attend and possibly forfeit your future benefits.

Pennsylvania Supreme Court Strikes Down Use of AMA Guidelines

Published on: July 21, 2017 | O'Connor Law

In a recent decision the Pennsylvania Supreme Court found that the use of American Medical Association guidelines to determine whether an injured employee is partially or totally disabled violates the Pennsylvania Constitution. The decision ends a practice that had been in place since the Workers’ Compensation Act became law over 20 years ago.

Since becoming law in 1996, the Workers’ Compensation Act allowed employers to require an injured employee receiving workers’ compensation benefits to have an “Impairment-Rating Evaluation” (IRE) by a doctor. Doctors doing IREs were required to use AMA guidelines to determine the amount the employee is impaired. Impairment ratings were from 0% to 100%, with 0% being entirely unaffected by the injury and 100% being affected to the point of being unable to work. If the employee was found to have an impairment rating of less than 50%, their employer could request to have the employee’s disability status changed from total to partial, reducing the duration of workers’ compensation benefits to no more than 500 weeks.