Schmidt Kramer Injury Lawyers

Archive for the ‘ Workers Compensation ’ Category

May

Pennsylvania Worker’s Compensation Law Sets The Average Weekly Wage

May 17, 2012 – If you have questions about your work related accident and injuries and losses you should probably contact an attorney who specializes in worker’s compensation. However, when exploring your options always remember that a lot of the law in Pennsylvania is based upon statutes and yearly adjustments. One of them is the average weekly wage.

Pursuant to the Pennsylvania Workers’ Compensation Act, Section 105.1, the Department of Labor & Industry has determined that the statewide average weekly wage for injuries occurring on and after Jan. 1, 2012,
shall be $888 per week. For purposes of calculating the update to payments for medical treatment rendered on and after Jan. 1, 2012, the increase in the statewide average weekly wage is 3.5 percent. Under the act, workers suffering a work-related injury are entitled to indemnity (wage-loss) benefits equal to two-thirds of their average weekly wage.

However, there are minimum and maximum adjustments provided in the act, and the benefit rate is set using the annual maximum in place at the time of injury. The maximum is based on the Department of Labor & Industry’s calculation of the statewide average weekly wage.

For a schedule of current and past weekly rates, and for instructions on how to calculate the weekly
rate, visit www.dli.state.pa.us.

Click on “Workers’ Compensation,” then “Claims Information,” then “Statewide Average Weekly Wage.”

The Pennsylvania Worker’s Compensation attorneys with Schmidt Kramer Injury Lawyers can answer any questions you may have if you are injured in a work related accident anywhere in the Commonwealth. Contact Tom Cook or Melissa Leininger if you still have questions or need a worker’s compensation lawyer.
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
Facebook.com/SchmidtKramer
Twitter.com/TalkToALawyer

May

Answers You Need To Know To Frequently Asked Questions About Worker’s Compensation In Pennsylvania

May 11, 2012 – The Commonwealth of Pennsylvania provides an excellent summary of various questions and answers to many issues involving worker’s compensation. Below are some of the more frequent questions and answers. If you still have questions or need an attorney for a work related accident where you or a loved one sustained an injury contact Tom Cook or Melissa Leininger at our firm anytime.

In Pennsylvania, disputed workers’ compensation cases are handled by Workers’ Compensation Judges (WCJs) within the Workers’ Compensation Office of Adjudication. There are over ninety WCJs located in twenty-five offices throughout the Commonwealth.

Q: How Does My Case Get To A WCJ?
A: The injured worker, employer or insurance company files a petition with the Bureau of Workers’ Compensation.

Q: How Will I Know When A Petition Is Filed By The Other Party?
A: The party filing the petition must send a copy to all other parties. The Bureau of Workers’ Compensation will then send you a “Notice of Assignment” telling you that a petition has been assigned and identifying the WCJ who will hear the case.

Q: What Types of Issues Go Before WCJs?
A: Common petitions types include:
Claim: Used to establish that an employee is entitled to benefits for a disputed work injury.

Termination: Injured worker is fully recovered from a work injury, and is no longer entitled to any workers’ compensation benefits from that injury.

Suspension: Injured worker is not fully recovered, but has either returned to work or is capable of returning to available work without a loss of earnings.

Modification: Injured worker is not fully recovered, but has either returned to work or is capable of returning to available work with some loss of earnings.

Review: Correct errors in compensation documents (such as description of injury or average weekly wage).

Review Medical: Establish whether specific health care is related to a work injury.

Utilization Review: Address whether specific health care treatment is reasonable and necessary.

Seek Approval of A Compromise and Release: Ask a WCJ to approve a proposed settlement.

Employee Challenge: Whether a Notification of Suspension or Modification (filed by the employer when the injured worker returns to work) is correct.

Q: How Are Petitions Assigned?
A: When a petition is filed, the Petitions Section of the Bureau of Workers’ Compensation, located in Harrisburg (“Bureau”) will assign the petition to a WCJ who hears cases in, or near, the county where the employee resides. You will then receive the “Notice of Assignment”.

Q: What Happens After the Petition Is Assigned?
A: It may be essential that the responding party file an Answer within a specific time limit. Information concerning the filing of the answer is contained on the Assignment Notice.

Any employer receiving a blank answer form should promptly contact the workers’ compensation insurance company or adjusting company.

The WCJ will schedule a hearing shortly after receiving the petition assignment. The WCJ’s office will mail you a written notice telling you the time, date and place of the hearing.

Q: What If I Can’t Get To The Hearing?
A: If there is a good reason why you can’t attend the hearing, you must tell your attorney as soon as you get this notice. If you don’t have an attorney, you must write to the assigned WCJ and ask for a postponement of the hearing. Explain the reasons you can’t get to the hearing. You must ask the other side’s attorney if there is an objection to the postponement request, and tell the WCJ what the attorney says. You must send a copy of your letter to the other side’s attorney. The WCJ will notify all parties and their attorneys if the postponement is granted.

Not all postponement requests are granted. Never assume that your hearing has been postponed unless the WCJ’s office tells you it has been!

Q: Do I Need An Attorney?
A: To read more about having an attorney, click here: Lawyer Referral Service

Q: Can I Bring Someone To The Hearing With Me?
A: You can bring a spouse, parent, or friend with you. They may not speak on your behalf unless called to testify as a witness. If so, they might be instructed to leave the room while other witnesses testify.

Q: What Will Happen At The Hearing?
A: The WCJ will ask both parties what evidence they intend to present. One or both parties may present testimony or submit documents, or both. The WCJ will set a schedule for the submission of all other evidence. More information concerning the WCJ’s first hearing procedures may also be obtained at the Office of Adjudication Judgebook.

Q: Will I Testify At the Hearing?
A: The injured worker usually testifies before the WCJ at some point in the case. In many cases, injured workers testify at more than one hearing. Employer representatives also frequently testify before the WCJ. Whether you testify at the first hearing (or at all) depends on the type of petition, whom the law requires to submit evidence first, the WCJ’s case management rules and your attorney’s advice. If you do testify, your testimony will be taken down by a court reporter.

Q: Should I Bring Evidence With Me To The Hearing?
A: You should discuss with your attorney in advance what items to bring to the hearing. If you do not have an attorney, you should bring at least three copies of any document that you want the WCJ to consider. (One copy is for the WCJ, one must be given to the other party and one is for you.) Since the WCJ is bound by the rules of evidence, the WCJ may be unable to consider some or all of the documents you offer. The WCJ will address this at the hearing if it happens.

Q: Will I Get A Decision At The Hearing?
A: In disputed cases, no. The law requires the WCJ’s final decision to be in writing. Also, there is almost always more evidence to be given to the WCJ before the case can be decided. It often takes time to gather this evidence, especially medical records and testimony. Even if no additional evidence is needed, both parties usually want to file briefs.

Q: What Will Happen After The Hearing?
A: In most cases, one or both parties must collect and offer more evidence. Many cases require the scheduling of medical depositions by both parties. It can take a number of months to gather this information. The WCJ often schedules additional hearings to receive this additional evidence.

Q: How Will I Know What The WCJ Decides?
A: The WCJ must send a written decision to all parties. The decision is sent after all of the evidence and briefs have been given to the WCJ. You and your attorney will receive the decision in the mail.

Q: What If I Disagree With How The WCJ Decided The Case?
A: You have the right to appeal a WCJ’s decision to the Workers’ Compensation Appeal Board. Information on the time limit to appeal will appear on the WCJ decision’s cover letter. Whether your appeal succeeds will depend on a number of factors. You should discuss any possible appeal with your attorney as soon as you get the WCJ’s decision.

Q: Should I Settle My Case?
A: You cannot be forced to settle your case. It’s always up to you whether you want to talk settlement with the other party. For more details about the settlement process, read our brochure here: ADR Brochure

Q: How Do I Go About Talking Settlement?
A: Settlements are negotiated between the parties. If the parties have attorneys, the attorneys usually represent them in settlement discussions. The parties can negotiate directly with one another, or they can use a mediator. The Office of Adjudication provides WCJs who conduct mediations and settlement conferences in litigated cases.

Q: Is There Someone I Can Call If I Have Other Questions?
A: The Bureau of Workers’ Compensation has Helplines available. These Bureau employees do not provide legal advice. However, they are able to provide answers to many questions concerning workers compensation in Pennsylvania.

If you are an injured worker, call 1-800-482-2383 (toll-free inside PA) or (717) 772-4447 (locally and from outside PA). If you are seeking information on behalf of an employer, insurance company, or adjusting company, call 717-772-3702. People with hearing loss may call TTY 1-800-362-4228 (toll-free inside PA) or (717) 772-4991 (locally and from outside PA).

http://www.portal.state.pa.us/portal/server.pt/community/adjudication_process/10399

May

Lancaster County Man Critically Injured In Industrial Accident – Police Still Investigating

May 8, 2012 – Ephrata police responded to the scene of an industrial accident Monday, May 7, 2012, in a storage parking lot at Leeland Business Complex in the 1000 block of Pointview Avenue. According to police Chief William Harvey, a worker was loading the cherry-picker-style crane onto a flatbed truck around noon when the crane toppled from the trailer.

The workman, identified by police only as a 29-year-old New Holland man, was taken to Lancaster General Hospital, where Harvey said, he was in “very critical condition.” Police continue to interview witnesses, Harvey said.

The truck is owned by Scenic Ridge Construction of Gordonville. If you have any information which may help the police with the investigation please contact them immediately.

For more on the accident go to the Lancaster New Era at:

The Central Pennsylvania attorneys with Schmidt Kramer Injury Lawyers in Harrisburg can answer any questions you may have if you are injured in a work related accident anywhere in the Commonwealth.

Scott B. Cooper
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
scooper@schmidtkramer.com
Facebook.com/SchmidtKramer
Twitter.com/TalkToALawyer

Apr

Pennsylvania Tree Worker Injured In Accident With Chainsaw

April 19, 2012

Research conducted by the Centers for Disease Control and Prevention found that working in the care and maintenance of trees is one of the most dangerous jobs in the U.S. In fact, the agency reported that between 1992 and 2007, 1,285 workers died as a result of on-the-job accidents while preforming tree care. Of those accidents, 44 percent occurred while the worker was trimming a tree.

Experts say that with the exceptionally warm weather this year, tree care companies will be busier than ever in coming months and will be more likely to have a higher rate of accidents.

For example, a 49-year-old man from Cornwall, Pennsylvania, was seriously injured yesterday after cutting his throat with a chainsaw. According to WHTM 27 News, the accident happened along Route 322 in Lebanon County. Authorities say that the man was working for the Asplundh Tree Service clearing brush along a hillside when he slipped, fell, and cut his throat with a running chainsaw. He was taken to Penn State Hershey Medical Center where he was treated and released.

A spokesman for the Asplundh Tree Service stated to reporters with the York Dispatch that the man was expected to make a full recovery.

The Pennsylvania Workers’ Compensation Attorneys with Schmidt Kramer Injury Lawyers would like to wish the man who was injured a speedy and full recovery from the injuries he sustained in the accident.

Mar

Pennsylvania Worker Sues For $41 Million After Worksite Injury

March 1, 2012

A Pennsylvania man is suing his former employer and the owner of the facility where he was working for $41 million after he says he suffered permanent injuries at the worksite. According to reports from The Business Review, the accident happened in October 2011 at a computer-chip plant that was under construction in Malta, New York.

The worker claims that he fell through the floor after removing a section of tile and suffered “permanent and severe personal injuries” as a result, though the lawsuit doesn’t specify what those injuries are. The lawsuit claims that both companies failed to maintain a safe work environment by failing to supply the worker with proper safety equipment, as well as barricades and cones warning of the fall danger nearby.

Included in the $41 million the lawsuit is seeking is a $1 million award to the worker’s wife because she says the incident has left her “deprived of the services, society, and companionship of her husband.”

According to the Bureau of Labor Statistics (BLS), construction workers are among the most at risk workers in the United States when it comes to injuries and deaths while on the job.

The Pennsylvania Workers’ Compensation Attorneys with Schmidt Kramer Injury Lawyers know that employers have a responsibility to keep workers safe on the job. The firm is here to help when an accident does occur and you need help getting the compensation you need for your injuries.

Feb

Attention – Pennsylvania Workers’ Compensation Proposal!!!

The Pennsylvania Chamber of Commerce is aggressively lobbying the Pennsylvania legislature for legislation to severely limit your rights under the Pennsylvania Workers’ Compensation Act. The Chamber is proposing legislation, which will soon be introduced, that will substantially impair the rights of injured workers and will interfere with the injured worker doctor-patient relationship.

Some examples of this proposed legislation include:

1. Mandatory drug testing at set intervals when Schedule II narcotics are prescribed.

2. Allow employers to specify the use of one or more prescription benefit managers to provide all of your prescription drugs.

3. Prohibit physician offices from dispensing more than first fill of any drug. This means you do not get to choose where your prescriptions are being filled. This allows the insurance company to have more control over your prescription medications.

4. Allow an independent doctor to decide if your medical treatment is related to your work injury instead of allowing a Judge to hear the testimony and consider all of the evidence.

5. Extend the required time you have to treat with a panel physician instead of your own physician from 90 days to 180 days. This means that you do not get to treat with a doctor you choose until 180 days after your accident.

Contact your local legislator and ask that he/she oppose the Pennsylvania Chamber’s proposal to overhaul the Workers’ Compensation Act!

If you have any questions, contact the Schmidt Kramer Workers’ Compensation attorneys Tom Cook and Melissa Leininger today.

Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
Facebook.com/SchmidtKramer
Twitter.com/TalkToALawyer

Feb

Truck Driver Charged In South Central Pennsylvania Crash In Conewago Township

(2/28/2012) - According to the Hanover Evening Sun, the man accused of causing a four-car accident in Conewago Township, while driving without a license, waived his right to a preliminary hearing and will see his charges move forward to county court. Rodrigo Vagner Chillogallo-Malacatus appeared in Adams County Central Court last Wednesday morning to sign paperwork and to agree, through a Spanish interpreter, to a March arraignment.

The investigation into the trucker so far reveals that Chillogallo-Malacatus, a citizen of Spain, is charged with a third-degree felony count after police say he caused a Valentine’s Day accident on Route 194 that injured others while driving without a valid license. He also faces one count each of careless driving and driver required to be licensed, both summary offenses.

Also in question is the driver’s legal status after police determined he’s a citizen of Spain and in the United States illegally. Police said Chillogallo-Malacatus left the United States in July of 2011 with the proper passport stamps, but did not subsequently get the required stamp to return and remain in the country. Despite this background, Chillogallo-Malacatus was traveling toward Littlestown around 5:30 p.m. in a white box truck, in the area of VCA Conewago Animal Hospital. He lost control of the vehicle “for unknown reasons” and crossed the yellow line, striking two sport-utility vehicles traveling in the opposite direction toward Hanover, police have said.

The resulting wreck sent the driver of one sport-utility vehicle to York Hospital via helicopter and the driver of the other to Hanover Hospital via ambulance.

Two people in a fourth vehicle subsequently struck by one of the sport utility vehicles were not injured. The box truck is registered to UST Transportation, of Lawrenceville, N.J., and it’s believed it was being used for mattress delivery for Sleepy’s.

Why was an interstate trucking company employing the driver? Why was a national mattress company employing a trucking company which allows an unlicensed driver to operate interstate trucking routes? These are surely issues that will be investigated.

Chillogallo-Malacatus is set for a March 27 arraignment.

For more information on the investigation and crash see the Hanover Evening Sun at the link below: http://www.eveningsun.com/ci_20022882?IADID=Search-www.eveningsun.com-www.eveningsun.com

The Pennsylvania truck accident attorneys with Schmidt Kramer Injury Lawyers can answer any questions you may have if you are injured in a car accident or car wreck with a truck in Harrisburg, Central Pennsylvania and around the Commonwealth, especially if you have been seriously injured by another driver’s negligent or reckless conduct.
Scott B. Cooper
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
scooper@schmidtkramer.com
Facebook.com/SchmidtKramer
Twitter.com/TalkToALawyer

Feb

Free Showing Of “Hot Coffee” Movie At Central Pennsylvania Law School In Harrisburg – Sponsored By Schmidt Kramer

(2/24/2012) – The Student Bar Association of Widener University’s School of Law Harrisburg Campus is holding a free showing of the film Hot Coffee next week. For the full details, see below.

What other places have you seen or shown the movie?

Wednesday, February 29, 2012.5:00pm until 8:00pm.. A180/Administration Building Reception Room

The second annual Student Bar Association (SBA) film series event is taking place on February 29th with the screening of the award-winning HBO documentary, “Hot Coffee,” in conjunction with the local Harrisburg law firm of Schmidt Kramer PC. The film generally focuses on the implications of tort reform and the misconceptions of the “infamous” McDonald’s hot coffee case. Following the film, we will be hosting a live chat with the director, attorney Susan Saladoff.

The event will start at 5:15 p.m. with a reception in honor of Scott Cooper, a Widener alumnus and the new President-elect of Pennsylvania Association for Justice. This should prove to be a great networking event as many attorneys from the association, and the Dauphin County bar will be present. FREE FOOD will be available (including scallops in bacon and crabcakes).

The film is set to begin at 6:15 p.m. and the live chat at approximately 8:00 p.m.

A brief synopsis of the film is as follows:

Seinfeld mocked it. Letterman put it on one of his Top Ten lists. More than 15 years later, the McDonald’s coffee case continues to be cited as a prime example of how citizens use “frivolous” lawsuits to take unfair advantage of America’s legal system. But is that an accurate portrayal of the facts? First-time filmmaker & former public interest lawyer Susan Saladoff uses the infamous legal battle that began with a spilled cup of coffee to investigate what’s behind America’s zeal for tort reform. By following four people whose lives were devastated by the attacks on our courts, this thought-provoking documentary challenges the assumptions Americans hold about “jackpot justice.

A brief synopsis of Ms. Saladoff’s resume is as follows:

SUSAN SALADOFF (Producer, Director) spent twenty-five years practicing law in the civil justice system, representing injured victims of individual and corporate negligence. She stopped practicing law in 2009 to make the documentary, HOT COFFEE, her first feature-length film. She began her career as a public interest lawyer with the law firm of Trial Lawyers for Public Justice, now known as Public Justice, an organization that, for the last 25 years, has been at the forefront of keeping America’s courthouse doors open to all. Susan was recognized by her peers as an Oregon Super Lawyer for five consecutive years from 2006 to 2010. She is a graduate of Cornell University and George Washington University Law School, and has frequently lectured at the state and national levels on the importance of the civil justice system.

View the trailer at:

http://www.youtube.com/watch?v=bBKRjxeQnT4

See everyone there!

Feb

Who Pays Your Medical Bills When You Are Injured At Work In Pennsylvania?

The first question to ask is, “what is a work injury”? This can be defined as a medical condition caused by or aggravated by work. This can be a specific accident or repetitive trauma over time.

Here are some of the steps to getting medical bills paid:
1. If you are hurt at work, promptly tell your employer that you were hurt at work, and that it resulted from your job. 2. Treat with a medical professional. If your employer has a posted list of providers you are required to see one or more of the doctors on the list for 90 days from the first date of treatment.
3. Tell your doctor that this was a work related accident and give a clear and precise history of how you sustained the injury and clearly explain how your problem is work related.

Pennsylvania workers’ compensation law can be very complicated, and it is important that you follow exact steps right after your accident to ensure that your claim is accepted by the workers’ compensation insurance carrier.

The Pennsylvania Workers Compensation Lawyers Tom S. Cook and Melissa L. Leininger with Schmidt Kramer Injury Lawyers fight for the rights of those who are injured in accidents at work.

Feb

What You Need To Know About Pennsylvania Teenage Driver Laws

February 10, 2012 – Recently, Pennsylvania enacted laws which dramatically change the requirements for young drivers first obtaining their licenses. There is now a three stage program for a driver to obtain a full unlimited license. Below is a link to the Commonwealth of Pennsylvania summary of the requirments and what a driver needs to know in order to be fully compliant with Pennsylvania’s new laws and the three state process.

http://www.dmv.state.pa.us/pdotforms/young_drivers/yng_drv_fact_sheet.pdf

It is a well known fact that teenage drivers are, unfortunately, more likely to be involved in a car accident or wreck involving injury and death. This fact exists not only in Harrisburg, Central Pennsylvania, and the entire Commonwealth of Pennsylvania but all over the country. Becoming aware of the new laws will help reduce this risk.

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