While the physical injuries from a dog attack may heal over time, often the psychological trauma from a dog bite can leave victims with life long scarring. Holding negligent dog owners accountable is often an important part of the recovery process for many dog bite victims and their families.
I was very pleased with the results and the process was very easy and not stressful.
– Client of Schmidt Kramer
At Schmidt Kramer, our Harrisburg dog bite lawyers have a comprehensive knowledge of the dog bite laws in Pennsylvania and understand how they may be applicable to your specific incident. We have many years of experience handing injury cases and a proven track record of success.
We charge no upfront fees to review the details of your claim and can help to determine if you have a case. If so, there is no obligation to hire us and if you would like to pursue a legal course of action, there are no upfront fees if you do decide to hire us.
Fill out our Free Case Evaluation form to get started today.
Injury victims generally recover more financial compensation compared to those that do not hire a lawyer for representation.
This can be very important when medical and medication costs begin to mount and in many instances, dog bite victims may also need to continue treatment long after the incident has taken place. With this in mind, we may decide to include future treatment expenses as part of the amount that we attempt to recover for your case.
Often, insurance companies will also become involved in proceedings if the at-fault dog owner or property owner has some form of applicable, insurance coverage. Their goal is to resolve the claim for the lowest amount possible, in any way that they can. They have no concern for your wellbeing or for any difficulties that you may face in the future as a result of the injuries that you may have sustained in the attack.
At our law firm, we understand the strategies that insurance companies use and can leverage that knowledge by helping to build a strong argument for your case.
Free Consultation. Ph: (717) 888-8888.
Laws in Pennsylvania require that dog owners must restrain their dogs them with a chain, collar or other device to prevent the animal from getting out of an enclosure. Owners (or those placed in change of the animal) must also be able to retain reasonable control of their dogs at all times.
To help build a dog bite lawsuit, it must be established that the owner – or caretaker – of the dog was negligent in their ability to act as a responsible dog owner.
Pennsylvania dog bite laws cover two potential scenarios. Common law permits a victim to recover compensation if the dog previously bit another person.
If the dog has not bitten someone before, the state’s law offers two remedies. If the dog bite injuries are a severe injury, ones that result in broken bones or disfigurement, the victim may make a claim against the dog bite owner, so long as they can prove the dog inflicted a severe injury without being provoked.
If the injuries are not considered severe, the victim can still make a claim against the pet owner, but may only recover medical expenses. In this case, the victim must only prove that the defendant was the owner of the dog.
In an effort to protect individuals from dogs that are already known to be dangerous, Pennsylvania also has a law in place that aims to hold owners of these types of dogs to be liable for their actions. In such instances, law enforcement authorities can charge the owner with a misdemeanor crime and potentially expose the owner to various liabilities including the injuries that may have been caused by their dog.
Have Questions? We Have Answers. Ph: (717) 888-8888
If you are the victim of a dog bite, dog owners are not the only people who may be held responsible for the dog’s actions. The following include some people who may also be liable:
Some common types of injuries victims of dog bites suffer include:
Children and the elderly are the most susceptible to becoming victims of dog bites, they are also most likely to suffer serious, life-changing injuries.
If you are bitten by a dog, you should immediately seek medical attention. After receiving medical treatment, speak to a dog bite lawyer who is knowledgeable and experienced in these types of claims and can assess if you can recover damages.
Your attorney may ask you for details regarding the dog bite injury, as well as information like the name and phone number of the dog’s owner. Witnesses’ contact information is also helpful.
Have you or a loved one suffered from a dog bite injury? If so, contact the law firm of Schmidt Kramer. We have obtained millions in favorable verdicts and settlements on behalf of personal injury victims in Pennsylvania and welcome the opportunity to review the details of your incident.
It’s free to talk to a lawyer at our firm to help determine if you have a case and there are no upfront fees if you decide to hire us.
FREE Consultation. No Obligation: (717) 888-8888.
If you have experienced the unexpected loss of a loved one due to the negligence of another person or as a result of a dangerous working environment or defective product, you may be eligible to file a wrongful death lawsuit to recover financial compensation. While a lawsuit may not return the life of the victim, it can bring comfort to grieving family members and dependents, with the knowledge that those liable for the incident are being held accountable for their actions.
There is nothing that could be done to make me more happy with my case and my attorney…
– Client of Schmidt Kramer
The team at Schmidt Kramer can help to answer any legal questions that you may have that are related to the incident and we handle every case with compassion, professionalism, and discretion. To speak to a lawyer today about your potential lawsuit, call (717) 888-8888 or fill out a Free Case Consultation form and a member from our legal team will be in contact with you shortly.
Free Consultation. Ph: (717) 888-8888.
Wrongful death claims that are handled by a lawyer generally obtain larger financial compensation compared to those that do not have legal representation.
At Schmidt Kramer, we understand that nothing can take away the pain that you and your family may have experienced as a result of the unexpected loss of a loved one. However, we can help you and your family get the justice and compensation you are eligible to receive. Our lawyers have a reputation for handling complex litigation and have a comprehensive knowledge of the laws in Pennsylvania that may be applicable to your wrongful death lawsuit.
It’s free to talk to a lawyer about your potential case and if you do have a case, there is no obligation to hire us. Should you wish to proceed with our legal team, we charge no upfront fees and we only get paid when we obtain a recovery on your behalf.
Fill out a FREE online consultation form.
If the deceased was the primary income earner of a household, the financial impact can have a significant effect on families and other dependents. Those who wish to file a wrongful death claim may be eligible to file a damages lawsuit to obtain compensation for:
It’s important to note that as every case is different, it can be difficult to determine the value of a case without knowing the specific details associated with it. Wrongful death litigation can be complicated however, we understand that you may have legal questions and we can help you find the answers.
We offer a free consultation with a lawyer at our firm to help determine if you have a case and we are ready to help review the details of your claim today.
Depending on the state, the decedent’s spouse, children or parents may bring forth a wrongful death lawsuit. In Pennsylvania, the statute of limitations is two years, which means you have two years from when the death occurred to file a claim.
Knowing that your interests are being protected and that the rights of your deceased loved one are being defended can be an important part of the grieving process for family members and loved ones.
At Schmidt Kramer, our wrongful death lawyers understand how to build a strong argument for your wrongful death lawsuit and we have a full support staff to help obtain any additional information that we may need during the course of litigation. We also have the capacity to hire industry experts and other resources to further reinforce your case.
To learn more, we welcome you to call (717) 888-8888 and speak to a lawyer today or, fill out our “Free Case Consultation” form and a member from our legal team will contact you shortly. We offer a free, initial consultation, there are no upfront fees if we take on your case and we only get paid when we obtain a recovery.
Schmidt Kramer. Ph: (717) 888-8888.
Slip and fall accidents can cause serious and even hidden injuries that may not become apparent until days or weeks afterward. If you or a loved one have been injured in a slip and fall accident that could have prevented, our Harrisburg slip and fall lawyers are here to help. Victims of a slip and fall may be eligible to pursue compensation in a claim to help cover medical expenses, lost wages, pain and suffering and more.
Your help was beyond value. There is no way I could be where I am today with your efforts. Thank you!
– Schmidt Kramer Client.
We have recovered millions in compensation on behalf of our clients and our lawyers have a thorough knowledge of the laws that relate to slip and fall accidents in Pennsylvania. We can help to determine if you have a case and if so, the most effective method of pursing a compensation claim. Victims of a slip and fall accident may be entitled to compensation for medical expenses, lost wages and more.
It’s free to talk to a lawyer at our firm to help determine if you have a case, there are no upfront fees if you choose to hire us and we only get paid when we obtain a recovery on your behalf.
Talk to a lawyer today—call (717) 888-8888.
Slip and fall victims that hire an attorney to represent them usually recover more financial compensation compared to those that do not have legal representation.
No two slip and fall accidents are alike, but there are several things that are generally required to help establish liability. You and your lawyer need to show that the slip and fall was due to a hazard or dangerous condition that the owner of the property was negligent in correcting.
Slip and fall victims that hire an attorney to represent them usually recover more financial compensation compared to those that do not have legal representation.
Under Pennsylvania law, you must prove that the property owner did not act in a reasonable manner compared to someone else under similar circumstances. Any other person would have been able to identify the dangerous condition that caused you harm and corrected the issue immediately before injuring someone.
Property owners have a legal duty to take reasonable steps to keep the premises safe. The specific measures an owner must abide by are dependent on the legal status of the visitor at the time of injury.
Visitors are classified as invitees, licensees, or trespassers. An invitee is someone the property owner invites onto the premise, typically for a business-related purpose. The highest duty of care must be given to invitees.
A licensee is someone the property owner invites onto the premise for a non-business related purpose, such as a friend or family member. While the same duty of care is not owed to a licensee, a property owner must still warn licensees of any known hazards or dangerous conditions.
Trespassers, on the other hand, are not invited onto the premise by the property owner. The owner has no duty of care to a trespasser if he or she is unaware of his or her presence on the property. The only duty required is to not intentionally harm the trespasser without reasonable cause.
The law does not hold children who trespass to the same standard and they may be owed a higher duty of care than adult trespassers.
Liability in a slip and fall accident can be hard to establish, which is why we encourage that you consult with an experienced legal professional. A Harrisburg slip and fall lawyer from our firm is ready to help.
Complete our Free Case Evaluation form to get started.
When outpatient treatment costs, medication expenses and medical treatment bills are being paid out of pocket, many slip and fall victims face financial hardship. This often leads victims to question the value of their potential case.
Have Some Questions? We Have Answers.
Call Today. Ph: (717) 888-8888.
As each slip and fall incident is unique and many different circumstances can contribute to an incident, it can be difficult to determine the exact value of a case. However, we have successfully represented injured Pennsylvania residents for decades and can help to provide the answers that you need as we investigate the details of your specific incident.
Some forms of compensation you may be eligible for include:
If you share responsibility for your slip and fall, any amount of compensation awarded would be reduced according to your percentage of fault. This is in accordance with the state’s modified comparative negligence rule. For instance, if you are awarded $150,000 but are found 20 percent responsible for your injury, your award amount will be reduced by 20 percent or $30,000. This will leave you with a final amount of $120,000.
However, it is important to note that you cannot collect any compensation if you are found to be more than 51 percent responsible for the slip and fall accident. In other words, you cannot be more at fault than the party you are seeking compensation from.
Free Consultation. Ph: (717) 888-8888.
Pennsylvania has a two-year statute of limitations for personal injury claims. This means that injury victims have two years after the date of the incident to file a lawsuit.
Standing water on the ground, a crack in the sidewalk, or an uneven stairway—all of these scenarios could lead to a slip and fall accident. Was there a caution sign? Were you warned of dangerous conditions?
The causes of a slip and fall accident vary and may include wet or slippery floors, uneven surfaces, and even clutter. Other potential scenarios include:
These hazards can be found on both public and private property, such as:
A slip and fall accident can affect everyone differently, very young children and older adults are more likely to suffer from serious injuries, such as broken bones. Many other victims endure head trauma, sprains and strains, and back and neck injuries. If you were at a business where a slip and fall hazard was not properly indicated, the owner of the business may be held responsible for your injuries.
Do not wait to seek the compensation you need — speak with a member of our legal team today. Your safety may not have been the property owner’s focus, but it is ours.
Standing water on the ground, a crack in the sidewalk, or an uneven stairway—all of these scenarios could lead to a slip and fall accident. Was there a caution sign? Did you have a fair warning?
The causes of a slip and fall accident vary and may include wet or slippery floors, uneven surfaces, and even clutter. All property owners have a responsibility to maintain safe premises—it’s their duty to ensure your safety on their property.
Some causes of a slip, trip and/or fall incident may include:
A slip and fall accident can affect everyone differently, very young children and older adults are more likely to suffer from serious injuries, such as broken bones. Many other victims endure head trauma, sprains and strains, and back and neck injuries. If you were on a business premises that did not properly indicate a slip and fall hazard they may be held responsible for your injuries.
Don’t wait to get the compensation you deserve—Talk to Schmidt Kramer, Your safety may not have been the property owner’s focus, but it is ours.
With more than 30 years of legal experience, the attorneys at our law firm can help to obtain the compensation you need for current and future medical expenses, lost wages, and pain and suffering, and more.
At Schmidt Kramer, we are dedicated to helping personal injury victims get the justice they deserve. Our Pennsylvania injury lawyers will walk you through the legal process and our office is located at 209 State Street, just blocks from the United States District Court – Middle District of Pennsylvania.
Call (717) 888-8888 or fill out a free online consultation form.
If you or your loved one has suffered negligence or abuse at a nursing home, it’s important to have experienced legal counsel by your side. Nursing home injury victims generally recover more financial compensation when they have legal representation compared to those that do not hire a lawyer.
I appreciate all of your assistance. Thank you for everything.
– Amy B, Mount Joy, PA
At the law offices of Schmidt Kramer, we have been helping individuals and families throughout Pennsylvania for more than 25 years and have successfully recovered more than $20,000,000.00 in compensation on behalf of our clients including a confidential recovery amount for the family of an 80 year old nursing home resident that passed away as a result of the nursing home failing to monitor changes in the resident’s condition and report it to the treating physician.
If you suspect your loved one has fallen victim to nursing home neglect or abuse, talk to our nursing home abuse lawyers today and learn more about your legal options.
For a free case review, call (717) 888-8888.
Nursing home residents have certain rights under federal and state law. A nursing home must protect and promote the rights of each resident as outlined in the 1987 Nursing Home Reform Act and Pennsylvania’s Nursing Home Resident Rights. Residents in these facilities have the right to:
Residents may be able to take legal action when a nursing home or long-term care facility does not comply with these rights. A licensed Harrisburg nursing home abuse lawyer from our firm is ready to help.
If you are unsure or if you have some questions about a possible case that you need help finding answers to, we encourage you to call and speak to a lawyer at our firm today. Your initial call is free and if we determine that you have a case, there are no upfront fees if you hire us.
Complete our Free Case Review form today.
More than one party could be held accountable for nursing home abuse or neglect. This could include the facility itself, administrators, doctors, nurses, caregivers and other staff members.
Establishing liability means showing that negligence played a role in your elderly loved one suffering harm. A facility may be found negligent if it hired inexperienced staff, failed to provide adequate training, or neglected to perform background checks on applicants for a history of anger issues or abusive actions. Nursing homes administrators could also be liable for cutting corners or cutting costs in an effort to save time and money.
A nurse, caregiver or other staff member may be found negligent for delivering substandard care if it leads to malnutrition, dehydration, injuries from falling, choking, bedsores and medication errors.
Under common-law rules, everyone owes a basic duty to his fellow citizens to behave in a reasonably cautious way to prevent accidental harm. The obligations of nursing homes and their employees go far beyond this. The facility accepts money to take care of people who are known to be unable to care for themselves. That sets the bar of responsibility very high indeed. Everyone employed by the nursing home—caregivers, medical aides, cooks, maintenance workers, and even administrators—are legally obliged to protect the well-being of residents.
But, of course, as a profit-seeking business, the nursing home’s owners have the incentive to maximize net income by cutting costs. There is always the drive to hire fewer people than are actually needed, and to hire less-qualified staff. Safety and sanitation purchases are delayed and facilities are allowed to fall into disrepair. All employees are urged to make do with less, while still convincing visitors that their relatives are getting top-notch care.
Pennsylvania requires any employee or administrator of a facility to report all types of nursing home abuse or neglect in accordance with the Older Adults Protective Services Act (OAPSA). The law requires that you report the abuse to local law enforcement in an emergency situation. For non-emergencies, you can contact:
In many instances, it can be difficult to determine if your loved one is being neglected or abused until it is too late. However, there are often warning signs that observant family members and guardians can be on the lookout for to help minimize the chances of a nursing home resident becoming a victim.
With this in mind, some of the most common signs include:
Other indicators, include:
If you have noticed any of the above signs, contact our Harrisburg nursing home abuse lawyers for legal help. Our main office is located in Central Pennsylvania in Harrisburg, right down the street from the State Capitol.
No Upfront Fees. Ph: (717) 888-8888.
There are many types of abuse or neglect in nursing homes with different levels of severity. Our legal team at Schmidt Kramer has decades of experience handling different nursing home abuse cases, such as:
When a resident suffers bodily injury or physical trauma, such as hitting, slapping, punching, kicking, biting, pushing, shaking, grabbing or shoving. Physical abuse could also be restraining or confining a resident with restraints or using an object to cause harm.
Using certain words or actions can cause a resident to become fearful, anxious, depressed or otherwise emotionally distressed. This type of psychological abuse could include:
Sexual abuse includes any type of unwanted sexual activity that is forced on a resident. Examples include touching, groping or feeling someone without consent, intercourse, rape, coerced nudity, or watching or participating in sexually explicit photos or videos. Sexual abuse can cause a resident to suffer from bruising or lesions in the genital area. These acts are often committed while a resident incapacitated or mentally ill.
This type of abuse happens when a resident is intentionally exploited and manipulated into giving control of his or her finances, such as money and property. Examples include stealing money or personal documents, not allowing access to funds, forging documents to get funds, or the misuse of power of attorney for personal gain. Financial abuse can cause a resident lose his or her income and savings to help pay for continued care.
General neglect in a nursing home or long-term care facility happens when a resident is not provided basic necessities, such as food, water, medications and shelter. Other examples include:
If you suspect a loved one has been abused or neglected in a nursing home, it is in your best interest to notify the proper authorities and then consult with a Harrisburg nursing home abuse attorney for legal help.
Nursing home abuse is a serious matter, one that should never even be committed. Unfortunately, each year hundreds of victims are abused or neglected and the problem is often missed due to the failure to see signs of nursing home abuse. The Pennsylvania nursing home abuse lawyers at Schmidt Kramer have experience handling these cases – our attorneys have a comprehensive knowledge of the laws in Pennsylvania that are applicable to nursing home and elder abuse lawsuits, and we have a full team of support staff to help build a strong argument for your damages claim.
If you are unsure if you have a case or need some information about your rights, we encourage you to fill out our free online consultation form and let us investigate your claim. We’ve protected the rights of other Pennsylvania nursing home abuse victims for many years and welcome the opportunity to help you.
It’s free to talk to a lawyer about your potential case, there are no upfront fees if you decide to hire us and we only get paid when we obtain a recovery on your behalf.
Free Consultation. Ph: (717) 888-8888.
Injuries to workers on construction sites can be life changing. When medical costs and treatment expenses begin to add up, many families and other dependents of the injured worker can also be significantly impacted.
Everything was great. The staff was very courteous, friendly, helpful and exceptionally nice. Thank you.
– Client of Schmidt Kramer
At Schmidt Kramer, our Harrisburg construction accident lawyers understand the impact that serious injuries can have on all parties involved. We have a comprehensive knowledge of Pennsylvania’s laws that relate to jobsite injuries and have recovered millions in compensation on behalf of our clients.
If you were injured in a Pennsylvania construction accident – whether you fell from scaffolding, were hit by a falling object, suffered an electrical shock or sustained another type of jobsite injury, the construction accident lawyers at Schmidt Kramer can help. It’s free to talk to a lawyer at our firm to help determine if you have a case and there are no upfront fees if you decide to hire us.
For a free case review, call (717) 888-8888.
Injured workers that have legal representation recover more compensation compared to those that do not hire a lawyer.
Insurance companies are also often involved in construction injury cases, as the companies that own and operate most jobsites usually have some form of insurance coverage. Legal teams from those insurance companies will commonly reach out to injury victims in an effort to discredit their claim and ultimately, close the case for the lowest possible financial amount.
It is important to remember that insurance companies are not your friend. Their primary obligation is to the shareholders of the agencies that they work for. Having a legal team on your side can help to ensure that your rights are being protected.
At Schmidt Kramer, our construction accident lawyers handle cases against insurance companies regularly and we understand the tactics that they may use during litigation. We can help to protect your rights while you are recovering and answer any questions from the insurance companies and their attorneys, on your behalf.
As each case is different, determining the value of a case without knowing the specific details involved can be difficult. There can be many contributing factors to a construction site accident and a range of other companies, organizations and people involved.
However, we do understand that you may have questions about your potential lawsuit and we can help you to find answers to those questions. We welcome you to call us today and speak to a lawyer about your claim for free during our initial consultation. A lawyer from our firm can review the details of the incident and then help to determine if you may have a case.
Call for a free consultation. Ph: (717) 888-8888.
Although the construction industry is often considered dangerous, employees have a right to expect safe conditions for their work environment. Unfortunately, many construction accidents are a result of negligent employers as well as defective equipment. Some of the most common causes of construction site injuries include:
While there are many different ways that workers on a construction site can be injured, the Centers for Disease Control & Prevention note that fatal injuries on construction sites are greater than any other industry in the entire nation. Furthermore, the Occupational Safety and Health Administration (OSHA) has recently reported that there has been an increase in cell phone tower related accidents, prompting OSHA to collaborate with the National Association of Tower Erectors (NATE) to help ensure that employers of cell phone tower workers understand their responsibilities to ensure the safety of their workers.
Depending on the jobsite and the nature of the injury, there can be a variety of parties responsible for a construction site injury. Some of these include:
It’s also important to note that a workers compensation claim may be applicable to certain construction site injuries. Contacting a construction site accident lawyer from Schmidt Kramer can help to determine if you have a case.
There are a number of steps that injured workers can take shortly after the incident has occurred:
At Schmidt Kramer, our lawyers also have a full support team to help obtain any documentation and other, related information that may help to build a stronger argument for your case.
For decades Schmidt Kramer has been protecting the rights of injured Pennsylvania residents. We understand the hardships that injured workers and their families can face following a jobsite accident and we will work to obtain the maximum amount of financial compensation that may be available for your specific case.
To speak to a lawyer today, contact us at (717) 888-8888 or complete our “Free Case Consultation” form and a member from our legal team will reach out to you shortly.
Your initial consultation is free, there are no upfront fees if you decide to hire us and we only receive payment for our services if we obtain a recovery on your behalf.
Schmidt Kramer – Free Consultation. Ph: (717) 888-8888.
Have you or someone you love suffered an injury while at work? Has your employer tried to undervalue your claim? Has your employer’s insurance company denied your claim or benefits? If you answered yes to any of the above questions, it’s time to contact the trusted workers’ compensation attorneys at the law firm of Schmidt Kramer.
Dennis made this “workman’s comp case” as stress-free as possible… the case was handled in a more than acceptable manner.
– Client of Schmidt Kramer
Our lawyers have over 25 years of experience and have successfully represented injured workers throughout Pennsylvania and recovered significant amounts of compensation including a $742,000 recovery for the family of a worker that was fatally injured on the job and a $150,000 settlement obtained by attorney Scott Cooper for a worker that was injured while trying to load a swingset onto a low bed truck.
There are no upfront fees if we take on your case and we offer a free consultation with a lawyer to learn more about your potential case.
Free Consultation. Call (717) 888-8888.
Injured workers that have legal representation stand a greater possibility of recovering workers compensation benefits or obtaining a work-related injury settlement.
While it can be difficult to immediately determine the value of your potential claim, our workers compensation attorneys understand that as an injured worker, you may have many questions and we can help to find the answers to your questions. We recommend contacting our firm and talking to a lawyer about your specific incident, so that we can determine if you have a valid case and if so, explain the legal options that may be available to you.
The initial consultation is free, there are no upfront fees if we agree to take on your case and we only get paid when we obtain a recovery on your behalf.
Before filing for workers’ compensation in our state, it is important to determine if you are covered by Pennsylvania’s Workers’ Compensation Act, and therefore eligible to receive benefits.
While most employees are covered by Pennsylvania’s Workers’ Compensation Act, certain employees are covered by a federal plan instead, which makes them ineligible to receive Pennsylvania benefits.
Additionally, workers who are self-employed or employed by a private citizen cannot receive benefits on behalf of Pennsylvania. Employees who are NOT eligible for benefits include:
However, part-time and seasonal workers are covered under workers’ compensation, as well as employees who work for non-profit corporations or unincorporated businesses.
Workers’ compensation for self-employed individuals (known as workers’ compensation self-insurance) is available, but the cost of this insurance is not covered by Pennsylvania. Such insurance must be paid for by the self-employed individual.
A “work injury” is any injury, medical condition or disease that is caused by a person’s job, according to Section 301(c)(1) of the Pennsylvania Workers’ Compensation Act, 77 P.S. §411(1). The Act does not list specific types of injuries, other than the requirement that the condition must be related to the worker’s employment.
Additionally, a work injury may also include occupational diseases and pre-existing conditions that are aggravated by a person’s job. This means that everything from broken bones to strains and sprains to latex allergies to hepatitis may be considered a work injury.
Once you have determined your eligibility, you must then determine if your injury qualifies for a workers’ compensation claim. Certain diseases that arise from unsafe working conditions may also be covered by a claim. To qualify, the injury or disease must be severe enough to require medical treatment beyond simple first aid. It must have presented itself while you were working at your employer’s place of business during normal working hours, or at a time when you had prior permission to be on the property for work-related reasons.
Examples of on-the-job injuries that may qualify for a claim include:
For a disease to qualify, it must have been caused by, or sufficiently aggravated by, your work environment. Examples of work-related diseases that may qualify for compensation include:
For more information on eligibility and qualifying injuries or diseases, contact the knowledgeable Pennsylvania workers’ compensation lawyers at Schmidt Kramer today.
Call (717) 888-8888 or fill out our FREE Case Evaluation Form
When filing for worker’s compensation, you must first advise your employer of your injury. You must also inform your employer of the type of injury you received, where the injury happened, and the date the injury occurred.
It is best to do this as soon as possible after your accident, as there are specific deadlines you must meet in order to recover benefits. Such deadlines are established by a workers’ compensation advisory committee. This committee is responsible for implementing all workers’ compensation timelines and statutes of limitations in Pennsylvania.
After you inform your employer of your incident, he or she should complete all required forms and report your claim to the Bureau of Workers’ Compensation. Completed forms should also be promptly submitted to your employer’s insurance company.
If your employer refuses to complete an accident report on your behalf, you may file a petition for workers’ compensation payments. You will also need to attend a series of hearings with a workers’ compensation judge. While you are not required to have a lawyer present during these hearings, we strongly recommend consulting one.
It is important to note that your employer cannot fire you or retaliate against you in any way after you have reported your workplace injury. Your employer may, however, fire you for other reasons or stop providing health insurance or other benefits.
Your employer’s insurance company has 21 days to either accept or deny your claim. With that said, it is not uncommon for injured employees to wait up to three weeks before receiving an answer regarding the status of their claim.
However, be aware that your employer’s insurance company may begin paying your medical expenses during this three week waiting period, even though they have yet to make an official decision regarding you claim.
Certain deceitful insurance companies have their own set of priorities, and paying the full value of your claim is not one of them. By covering the cost of one or two of your initial medical appointments, the insurance company is trying to persuade you to recover quickly and return to work as soon as possible.
Once you resume working as usual, the insurance company will most likely drop your claim, never having made a final decision regarding its acceptance or denial.
If complications relating to your injury reappear after you have returned to work, your employer’s insurance company will likely deny any responsibility for additional lost wages or medical expenses, citing your claim is lacking an official determination.
Therefore, it is important for all injured workers to obtain a definitive answer as to whether their claim was accepted or denied. It is also important to contact a reputable lawyer whom you can trust during the filing process.
Filing a claim can be tedious and confusing. There are many circumstances to consider and a multitude of forms to complete. Also, it is not uncommon for injured employees to make critical mistakes or miss crucial steps in the filing process, which can cause unnecessary set-backs or delays.
To increase the likelihood of your claim’s approval, contact an experienced lawyer from the law firm of Schmidt Kramer. Our lawyers can help you navigate the filing process and help ensure you receive the benefits you deserve.
Call our firm at: (717) 888-8888 for a FREE review of your claim.
When people think of workers’ compensation, they may tend to just put it all under one big umbrella and think it’s one type of payment. The law actually provides a few different types of workers’ compensation benefits for employees that have been injured or killed on the job. If someone was hurt or killed because they purposely did it to themselves, or because they were violating the law, the person is not eligible for workers’ compensation.
The types of benefits available are:
If your employer’s insurance company has denied your claim, you will not receive compensation for lost wages, and any medical expenses related to your illness or injury will not be covered.
Should you chose to reject—or appeal—the insurance company’s decision, it is important to understand that you cannot return to work during the appeals process. This means you may be without any income at this time.
Also, keep in mind that it can take up to one year (and in some cases, even longer) for a workers’ compensation appeals board to make a final decision regarding your appeal.
Lack of income for an extended period of time can easily cause undo financial hardship, and you may feel obligated to return to your job—or to seek another job—even though you are still injured.
However, returning to work is exactly what the insurance company would like you to do, as this will terminate any responsibility they have for paying your medical bills or compensating you for lost wages. Even though it is not advisable to return to work, there are other income options available while your claim is being reviewed.
If your injury prevents you from performing you regular job, but it does not prevent you from performing light duty tasks at a different job, you may be eligible for unemployment benefits.
If your appealed claim is ultimately approved by the board, the amount of unemployment benefits you received while waiting for the final decision would be deducted from the total amount of workers’ compensation benefits you were awarded. In this sense, your unemployment benefits are similar to workers’ compensation benefits that were paid in advance.
If your employer offers a short-term disability plan, or if you purchased your own short-term disability plan prior to your injury, you may receive short-term disability benefits while you are waiting for a decision on your claim appeal.
And, like the unemployment benefits discussed above, the short-term disability benefits you receive while waiting on your claim appeal will be deducted from the total amount of awarded compensation.
If none of the above options are available, you may be eligible to receive welfare benefits, although these benefits often amount to much less financially than what you were receiving prior to your workplace injury.
However, if your claim is approved while on welfare, and you receive a workers’ compensation settlement, the benefits you received during the appeals process will not be deducted from your settlement. Also, you will be compensated for all lost wages, plus 10 percent interest on each year of lost wages.
In some instances, injured workers may begin to receive wage loss benefits following your work injury and over a period of a few months, the workers’ compensation adjuster maybe quite friendly. Then, the adjuster may calls and offers a lump sum settlement. The adjuster may insist that it’s a good offer and a fair way to resolve the matter. The adjuster may also tell you that you don’t need an attorney and the attorney would only take money to which you are entitled. If you find yourself in this situation, you should contact an attorney IMMEDIATELY.
At Schmidt Kramer, we have had many potential clients call us who have found themselves in similar situations. Admittedly, sometimes the offer the adjuster made is reasonable and fair but sometimes it’s not even close to fair value. It’s always worth reaching out though; even if it’s a fair offer, an attorney most likely won’t charge you because there won’t be additional value to gain in the case. In the cases where the adjuster’s offer is too low, an attorney will put you in a good position to get the maximum value in your case.
The team of lawyers at Schmidt Kramer understand how difficult it can be to deal with an injury that has left you unable to work for a long period of time.
Although Pennsylvania workers’ compensation laws are put in place to avoid lawsuits, it is still important to have someone on your side who knows how the system works, and who can ensure your rights are protected throughout the entire process.
If you or a loved one have been injured on the job, speaking with an experienced attorney can help you obtain the MAXIMUM amount of compensation you deserve.
Talk to our Harrisburg workers’ compensation attorneys today. We will investigate your claim and work to get you the help you need.
Schmidt Kramer. Ph: (717) 888-8888
The Bair Hugger, manufactured by 3M, has been linked to an increased risk of MRSA, sepsis and other life-threatening infections.
If you developed a serious infection after surgery, the Bair Hugger warming blanket may have been used and could have been the cause of your infection.
Contact the defective product lawyers at Schmidt Kramer today to discuss your Bair Hugger warming blanket lawsuit. We offer free case evaluations, and will review your claim thoroughly in order to determine if you should move forward with filing a lawsuit.
Call us at (717) 888-8888 today or fill out our online form.
The Bair Hugger is a forced air warming system. This medical device blows warm air into a blanket, which is laid over an anesthetized patient during a surgical procedure. By surrounding the patient with warm air, their body temperature can easily be kept in check, preventing it from dropping too low.
By keeping the patient’s body temperature stable, use of this device may improve recovery times. The Bair Hugger warm air blanket is used in approximately 80 percent of hospitals throughout the country.
Use of the Bair Hugger patient warmer and similar medical devices have been linked to a higher risk of post-operative joint infections. Higher joint infection risks have been noted in knee replacement and hip replacement procedures where the Bair Hugger warming blanket was used.
When the warm air blanket is used during the surgery, it can actually cause operating room contaminants to become airborne. Through the forced air system, these contaminants can be introduced to the surgical field, and even inside a patient’s wound.
Harmful bacteria introduced by the use of the warm air blanket during surgery can cause severe deep joint infections to develop after surgery. These deep joint infections may require additional operations as your implanted joint device may require replacement, the infection joint tissues may need to be cleaned out, and you may need to be treated with intravenous antibiotics.
If you have recently undergone joint replacement surgery, you should look out for the following signs that could alert you if a joint infection is developing:
Even the inventor of the Bair Hugger has spoken out regarding the dangers of using this defective medical device.
Dr. Scott Augustine has stated to physicians that warming blankets should no longer be used during surgical procedures.
Multiple medical studies have shown that warming blanket introduces contaminants to the surgical field, which can lead to infection.
Many people have filed lawsuits against 3M for injuries caused due to the use of the Bair Hugger warming blanket during surgical procedures. In one case, a 70-year-old patient developed a deep joint infection after the use of the Bair Hugger during surgery, and had to undergo 15 more surgeries to correct the damage.
A female patient developed a MRSA infection after the warming blanket was used in her knee replacement surgery, which resulted in a partial leg infection; she now is in a wheelchair.
Infections and injuries caused by the use of defective medical devices, such as the Bair Hugger, can cause serious injury to the patient. Filing a lawsuit will allow you to pursue compensation for the injuries you have sustained and the pain you have suffered.
You may be able to recover compensation for medical and surgical bills, lost wages, and pain and suffering. A defective product lawyer will work with you to compile a strong case, and file a lawsuit to hold Bair Hugger’s manufacturer accountable for issues caused by their faulty medical device.
If you developed a serious infection following a surgery where the Bair Hugger warming blanket was used, you may be able to pursue a lawsuit against Bair Hugger’s manufacturer, 3M.
Our legal team has been representing clients throughout the state of Pennsylvania for over 25 years, fighting for justice and holding the manufacturers of defective medical equipment accountable for the problems these devices cause.
Contact the injury attorneys at Schmidt Kramer today by calling (717) 888-8888 or by contacting us online.
Have you been exposed to asbestos at work, home, or through your spouse or parents’ work clothes? Have you been diagnosed with an asbestos-related injury or disease? If you believe you may have worked with or been around someone who worked with asbestos, it warrants a chest x-ray which can often determine whether you have been exposed.
… We never expected the wonderful results we obtained. We felt more like family then a client…
– Client of Schmidt Kramer
As a result of decades of asbestos fibers being used in numerous materials, millions of people have been exposed to these harmful minerals.
The personal injury lawyers at Schmidt Kramer have been providing clients with professional, personalized and fair legal representation for more than 25 years. We can help you obtain the compensation you deserve if you have fallen ill after being exposed to asbestos.
For a free claim review, call (717) 888-8888.
Mesothelioma victims that have legal representation recover more financial compensation compared to those that do not.
The mesothelioma lawyers at Schmidt Kramer are here to help you if you or someone you care about has been injured as a result of a negligent corporation, an employer that didn’t meet safety guidelines and exposed you to unsafe chemicals, or if you or someone you care about has been diagnosed with mesothelioma. We want to help.
The days, weeks and months that follow a mesothelioma diagnosis can be trying enough without the struggle of paying hospital bills and lost wages when you’re unable to work. Don’t bear more than you have to on your own—turn to Schmidt Kramer and speak with our lawyers today. Our attorneys will walk you through the legal process and help you get the justice you deserve.
Asbestos, masses of fibers which have a tendency to create a dusty environment in the air and stick to clothing, can cause cancerous and non-cancerous injuries which sometimes take 30-40 years to develop after the first exposure. Two of the most common diseases associated with asbestos exposure are mesothelioma and lung cancer.
Mesothelioma is a deadly cancer resulting from exposure to asbestos, which can be brought home on a worker’s clothing and inhaled by family members. There is no known cure.” – National Cancer Institute
Mesothelioma is one of the most insidious environmental injuries to date. A person could breathe in asbestos fibers one day and not show symptoms of mesothelioma until 30 years later. There is no known cure for mesothelioma and the medical costs for treatment can be extensive.
Exposure to asbestos can also lead to asbestosis, a chronic and fibrotic condition affecting the lungs. Other lung problems such as pleural plaques, thickening of the membranes surrounding the lungs and an abnormal collection of fluid between the lungs and inside wall of the chest have been reported.
Medical conditions caused by asbestos exposure are a complicated issue that require experienced, knowledgeable Pennsylvania injury lawyers on your side to help you get the compensation you need.
When asbestos is mined, or when certain asbestos containing materials (ACMs) are processed, asbestos is sometimes released into the air in dust-sized fibers. Asbestos fibers can be airborne in a processing plant, in the environment nearby, or even in workers’ homes once they accidentally carry them there on their clothes. When the fibers are inhaled, they lodge in the lungs and nearby membranes and the body cannot get rid of them.
Mesothelioma can develop for years without showing any signs. Sometimes it is discovered earlier when a chest X-ray is taken for unrelated reasons. If it progresses far enough for symptoms before it is discovered, those symptoms can include:
No, but some of its applications have been banned. Spray-on insulation, preformed pipe insulation, and hot water heater insulation containing asbestos have been banned. Other uses, such as:
… are not currently under ban in the U.S. Asbestos has many important heat-resistant features, but its processing has been poorly regulated in the past.
Even though federal regulation of asbestos processing is now tighter than ever, there are still slip-ups. The bottom line is that even if asbestos were completely banned today the long incubation period means mesothelioma would still be with us for years to come.
No. Perhaps the most frightening aspect is that workers might unknowingly carry asbestos fibers into the home on their clothes—family members have contracted the disease simply from this low-level exposure. Also, you don’t have to work with asbestos or in an asbestos processing plant in order to inhale airborne fibers.
Many workplaces are large complexes with one small section in which asbestos-containing materials or products are handled. A lack of proper workplace controls, such as proper ventilation, can sometimes mean airborne fibers drift elsewhere in a complex. Worse, the fibers can be airborne in the surrounding vicinity of a business in which ACMs are processed.
No. Short-term exposure has been proven to cause mesothelioma in many people. The fibers can be inhaled deeply enough on just one or two occasions for them to lodge permanently, deep within the lungs. The body cannot dispose of asbestos fibers. The frequency of exposure, and the amount to which someone is exposed, is not a sure way to predict the onset of the disease.
Any cancer can have a faster onset due to various factors, known and unknown (smoking, genetic predisposition, etc.). As for this rare form of cancer, any person who inhaled asbestos fibers can contract mesothelioma. Contact our lawyers today for an immediate and confidential evaluation of your case.
If you or someone that you care for has been diagnosed with asbestosis or mesothelioma, we encourage you to contact our law firm today.
Our attorneys have many years of experience handling complex litigation and we can help to explain the legal options that may be available to you in easy-to-understand terms.
We offer a free, initial consultation with a lawyer at our firm to help determine if you have a case and if so, there is no obligation to hire us. There are no upfront fees if we agree to take on your case and we only get paid when we obtain a recovery on your behalf.
Schmidt Kramer. Free Consultation. Ph: (717) 888-8888.