March 1, 2011
Tough choices. Life is full of them. When litigating a Workers' Compensation claim, one of my jobs as your attorney is to help you make decisions. I certainly will give you my guidance and opinion, but at the end of the day, the decision is yours to make, as you are the one who has to live with the repercussions.
Case in point- I have a client who works for an employer in NJ, but got hurt in PA. His employer accepted the claim in NJ. My client had the choice of keeping his claim in NJ or filing to have it accepted in PA. His choice was simple. If he kept his claim in NJ, his weekly indemnity rate (wage loss compensation check) was higher than it would be in PA. However, his employer would have more control over his medical treatment and would be able to cut off his weekly indemnity benefits unilaterally. If he moved his claim to PA, his weekly indemnity rate would be lower, but he would have better control over his medical treatment and would not have his weekly indemnity benefits cutoff without his agreement or an Order from a Judge.
My client's medical condition was not improving, and he could not get a referral for a surgical consult. He wanted to get better and return to work. From my perspective, it was pretty obvious that he wasn't going to get better without surgery.
After discussing his options, he decided to transfer his claim to PA. He got his surgical referral and is now scheduled for surgery. What was important to him was getting better and getting back to work. Not the size of his weekly indemnity check.
2nd Case - I have a client in his twenties who had previously hurt his back at work. He is a laborer and this comes with the territory. He also made a couple of bad decisions when he was younger, and has a criminal record. Since then, he got married and had children. While trying to get his life back in order, he had a second injury to his back. I believe in my client's credibility, but his employer is aggressively defending the claim.
At mediation, my client is faced with three possible outcomes:
1). He loses. His claim gets denied, based on a Judge finding that he is not credible. If this happened, my client would get nothing.
or
2). His claim is granted, but the Judge cuts off his benefits saying that he is recovered from his injury. If this happened, my client would get approximately 6 months of benefits paid in a lump sum.
or
3). His claim is granted and ongoing benefits awarded. If this happened, my client would get his past due wage loss benefits (6 months of back-owed benefits in a lump sum award), ongoing wage loss benefits (a bi-weekly check), and a guarantee of future litigation.
But- my client needs money now to support his family. He can't afford option number one or two. He wanted option three, but we couldn't be guaranteed that he would get it. His decision was to have me negotiate a settlement- which I was able to obtain for 1 ½ years of wage loss benefits (approximately $25,000). From my perspective, he got less then he deserved. I wanted him to get more. However, he did what he had to do to take care of his family today. For that, he has my respect.
February 8, 2011
The key to a Workers' Compensation claim often comes down to credibility. Time and again, litigation of a Workers' Comp case turns into a "he said/she said" ordeal. How you handle being injured, and the steps you take afterward are crucial. Treating for your injury is important for both your health and your case.
It can be difficult to treat for your injury- especially if your claim is denied and you don't have health insurance. Snowy days, lack of transportation, and prescription costs can also help persuade an injured client to put off treatment. However, suffering in silence doesn't just affect your health, but it can also tarnish your credibility to a judge. If you are injured, the judge wants to see you trying to get treatment. I often help my clients with issues such as prescription costs, transportation issues, and finding a doctor that is willing to treat now, and get paid when the claim gets accepted.
Of course, there are many other issues that can affect your credibility to a judge- as well as the credibility of your treating doctor. As your lawyer, part of my job is to make sure that you and your case are viewed in the very best light.
January 28, 2011
Looks like my Wounded Warrior client is on the road to finally receiving his Social Security Disability benefits. The barrier- explaining the program to the judge. Think you may be a Wounded Warrior? If you are in the military, injured, and have been reassigned to the Warriors in Transition Program- then you are a Wounded Warrior. And you may be able to receive Social Security Disability benefits while you remain on active duty. As long as you're not engaged in substantial gainful activity (ie. not working), you can continue to receive pay for being on active duty, while also qualifying for Social Security Disability. Your orders should state that it's your "job" to treat for your injury. Got questions- give me a call. Or check out the link below.
Social Security Benefits for Wounded Warriors
November 12, 2010
Spoke with a client today about an all too familiar - and unfortunate -situation. Every once in a while, when he goes to the pharmacy to have his prescriptions refilled, the insurance company denies payment and he can't get his meds. He calls me, I call opposing counsel, opposing counsel calls their client (the insurance company), the insurance company calls their vendor, and the vendor calls the pharmacy to approve the prescription. What a process!
One way to avoid this mess is to use a pharmacy that specializes in Workers' Compensation claims. There are a number of these mail order pharmacies that cater to injured workers and will ship medication directly to you. As long as you are represented by an attorney, you can receive your medication hassle free- and with no out-of-pocket costs. Often, even if your claim is in litigation and not accepted by your employer- as long as you are represented by an attorney- these pharmacies will front the cost of your medication.
Sound interesting? Check out the links below.
Access Workers' Compensation Pharmacy
IWP (Injured Workers Pharmacy)
October 22, 2010
It's a good day when I get to cut through the Federal government's red tape and get another client on Social Security Disability- without them having to appear before a judge. This particular client had a non work related medical condition and was initially denied Social Security Disability benefits. After over 15 years, it still amazes me that this process is so complex that most people who file on their own get denied.
July 28, 2010
You can now check out my latest television appearance on BCTV's cable access show- PA Injured Workers. This is the 2nd time that I have been given the opportunity to discuss Workers' Compensation, and to answer viewers questions. Thank you to the Pennsylvania Federation of Injured Workers for inviting me back again! Check it this link: BCTV Show - June 29, 2010
July 22, 2010
I follow Judge Robert Vonada's blog, The Pennsylvania Workers' Compensation Journal. His self described "online digest of developments in Pennsylvania Workers' Compensation practice and procedure" is a great resource for anyone looking for up to date information on recent workers' comp happenings. His most recent blog entry concerns the three year filing limitation for Workers' Comp claims. Check it out at www.pawcj.com.
June 2, 2010
The Pennsylvania Workers' Compensation Act was created to provide for your medical expenses if you are injured on the job or contract a work related illness. The idea is simple- if you are hurt at work, you will be provided with wage and medical benefits until you are able to work again. Unfortunately nothing is ever simple.
How did it get so complicated? Many reasons. One such reason- reducing Workers' Compensation costs means significant savings to most employers. And helping companies to reduce Workers' Comp costs is big business. Want to see what I'm talking about? Check out "8 Ways One Doctor Can Reduce Workers' Comp Costs Forever".
If you have been hurt at work and think that your work injury is simply a matter between you, your doctor, and your supervisor- I respectively ask that you reconsider. The pressure that cost saving measures place on doctors, employers, and insurance adjusters is tremendous. And in my experience, easily one-third of all my clients had been underpaid when it came to their Workers' Comp benefits.
May 7, 2010
A colleague and I created Legal FYI, a free, interactive workshop on everyday legal issues. Ever wonder what you should do if you were pulled over for a suspected DUI? Should you sign those papers at work, even if your boss says they're just a formality? When do you really need a lawyer?
The idea behind Legal FYI is give people the information they may need on every day legal issues- before they actually need it. The goal is to help folks handle difficult situations effectively, so they can make better decisions and have better outcomes. Find out more by checking out www.LegalFYI.net.
April 28, 2010
Today is Workers Memorial Day. Each year, thousands of workers are killed and millions more are injured or diseased because of their jobs. The first Worker's Memorial Day was observed in 1989. April 28 was chosen because it is the anniversary of the Occupational Safety and Health Administration and the day of a similar remembrance in Canada.
Throughout this week, there will be a number of events throughout Pennsylvania (and the rest of the country) remembering workers that were killed or injured on the job. I am looking forward to attending the 22nd Annual Worker's Memorial Day Breakfast and Memorial Service hosted by the Philadelphia County Central Labor Council AFL-CIO and the Philadelphia Area Project on Occupational Safety and Health (PhilaPosh) on this Friday, April 30th.
March 26, 2010
Top 5 ways to lose your Workers Compensation benefits:
1. Not giving timely notice of your work injury
2. Not filing a Claim Petition in a timely fashion
3. Not returning the Employee Verification of Employment, Self-Employment or Change in Physical Condition (Bureau Form LIBC-760) to the adjuster within 30 days of receiving it
4. Not taking seriously an Employer's request for supersedeas when they file a Petition
5. Handling your claim yourself
March 24, 2010
Are you receiving Workers' Compensation benefits? Thinking about applying for that pension? Before you do, get advice from an attorney or your Workers' Comp benefits might be in jeopardy. Why? Because the receipt of a pension triggers a presumption that you have retired- ie. you have decided to voluntarily withdraw from the workforce. Retiring because you no longer want to work, puts your Workers' Comp benefits at risk. But if you are being forced to retire because you cannot find a job due to your work injury, then your Worker's Compensation benefits should continue- while you receive your pension.
What do you have to do to overcome the presumption that you have simply decided to withdraw from the workforce? You have to continue, in good faith, to try and find work.
Here's an example:
An employee tears the meniscus in their knee while at work. He was able to return to modified duty work, but had to go back out of work to have surgery on his knee. When his doctor released him to return to modified duty work, he tried to return to work but could not because of increased pain. Unfortunately, the employee's Workers' Compensation benefits were never reinstated.
Why? When asked if he was receiving a pension, the employee indicated that he was receiving one from his union. When asked if he was receiving benefits from Social Security, the employee indicated that he was receiving Old Age benefits. When asked if he would like to eventually retire, the employee confirmed that he would like to eventually retire. When asked if he was looking for modified duty work, he indicated that he was not.
The Commonwealth Court denied the employee Workers' Comp benefits because the employee's receipt of a pension triggered a presumption that he had decided to withdraw from the workforce- i.e. retire. The employee never rebutted this presumption by testifying that they were making a good faith job search to try and find work. The employee also never testified that his work injury forced him to retire, as he was incapable of working at any job in the entire labor market.
For more details on this case, See: Duferco Farrell Corp., et al. v. WCAB (Zuhosky), No. 1304 C.D. 2009 (Decision by Judge Quigley, January 14, 2010)
Or go to: http://www.pacourts.us/OpPosting/Cwealth/out/1304CD09_1-14-10.pdf
Be careful about the receipt of other benefits when you are receiving workers' compensation. You've been hurt once at work. Don't add insult to injury. Get advice from an attorney. Call Cullen Legal.
February 22, 2010
The number one mistake people make when getting hurt at work is not reporting the injury in a timely manner. The classic story is the guy who strains his back at work and then goes home- without advising his supervisor about the injury. The next day, after some rest and over the counter meds, he's feeling better and goes to work.
Eventually, because his back is still bothering him, he goes to his own doctor- but doesn't advise the doctor that he was hurt on the job. The doctor tells him to take some time off of work, and rest his back. Once he realizes he may be out of work for a few days and there will be medical bills, he advises his supervisor that the injury originally happened on the job. Unfortunately, his supervisor denies the claim- because its now 2 weeks after the injury, the employee didn't notify anyone, and his medical records don't show that the injury was work related.
A claim that should have been accepted voluntarily, has now turned into a claim that has to be litigated. Always report any work injury.
February 4, 2010
One of the most common questions I am asked is- "What do I do if I was hurt at work and then got laid off from my job?" Most people are not sure if they should file a claim for Workers' Compensation or file an Unemployment Compensation claim. The answer- you should do both.
Workers' Compensation is for people who are hurt at work. Unemployment Compensation is for people who are not working through no fault of their own. Generally speaking, you get more money from Workers' Compensation then you will receive from Unemployment Compensation. Workers' Compensation will also pay for your work related medical treatment, Unemployment Compensation will not. What's good about Unemployment Compensation is that the generally pay benefits faster than Workers' Compensation. Once you start receiving both Workers' and Unemployment Compensation benefits, your Workers' Compensation benefits will be reduced to take into account the Unemployment Compensation benefits that you received.
So how exactly does this overlap between Workers' Compensation and Unemployment Compensation happen? Here's an example: You were hurt at work and are able to return to work, with restrictions. Your employer does not have work available for you within your restrictions, so they let you go. That's why you can receive both Workers' Compensation and Unemployment Compensation benefits. You were forced out of work through no fault of your own (your work injury job restrictions), so you get Unemployment Compensation benefits. You also get Workers' Compensation benefits (less a credit for the Unemployment Compensation benefits that you have received) because your work injury caused you a wage loss and medical bills.
January 6, 2010
You may have heard about someone who did not file a lawsuit because the statute of limitations "ran out" on their claim. The Pennsylvania Workers' Compensation Act has a statute of limitations that can prevent your claim from being granted because it was filed "late". However, don't assume the statute of limitations has "run out" on your claim- even if a significant period of time has passed. You may still be able to file a claim.
Why? Because an employee, who was injured in 1980, was able to get her claim granted even though it took her 27 years to file the claim. While the facts of this case are unique and only applies to a certain type of injury (i.e. a specific loss), the statute of limitations did not begin to "run" until a doctor told her that her injury was work related.
See: Lancaster General Hospital v. WCAB (Weber-Brown), No. 1482 C.D. 2009 (Decision by Judge Pellegrini, December 15, 2009)
Or go to: http://www.pacourts.us/OpPosting/Cwealth/out/1482CD09_12-15-09.pdf
Never assume that you don't have a claim. You've been hurt once at work. Don't add insult to injury. Get advice from an attorney.
November 30, 2009
BCTV Appearance
I recently appeared on the Pennsylvania Federation of Injured Workers' television program, discussing Workers' Compensation. Click on the link below to check it out-
November 1, 2009
Workers' Comp is not a game...its your life.
Over the last week or two, I have found myself saying this phrase over and over to my clients. The frustrating aspect of it all is that it seems everyone treats your situation like an elaborate game or dance- one which you are not allowed to mis-step. The insurance companies, employers, doctors, and lawyers often all seem caught up in the process and forget that this is your life. We try to bring something different to the table. We help you sift through all the information. Explain what you don't understand. Make sure you don't miss a step in the process. And ultimately, help you make some tough decisions.
