In our last post, we pointed out that there are limitations on when compensation is available to an injured worker outside the workers’ compensation system. That is the case in every state, including Pennsylvania. This is why workers’ compensation is sometimes called the “exclusive remedy” for workplace injuries.
Discrimination and retaliation are important issues in the field of employment law. Workers who are subjected to adverse treatment on an illegal basis or for exercising their rights under the law do not have to sit back and take it when an employer engages in such behavior. Taking legal action allow one to have one’s rights protected and to receive appropriate compensation.
When a worker is injured on the job here in Pennsylvania, there are several types of benefits available through the workers’ compensation system. These benefits include not only payments for lost wages and medical care, but also benefits for specific losses as well as death benefits. The latter are, of course, particularly important for those who’ve had a loved one as a result of a workplace injury.
In our previous post, we spoke a bit about partial and total disability benefits available through the Pennsylvania workers’ compensation system. These benefits are, of course, critical for workers who have been injured on the job seriously enough that they are unable to work for a period of time or, in some cases, indefinitely.
In our last post, we spoke a recent workers' compensation award for a nurse who was forced to leave her job because of an allergic reaction to a chemical used in the floor wax used by her employer. The issue in that case was the extent to which the employer was responsible for providing total and disability coverage for the time she missed work.
When a worker is exposed to a workplace condition that is damaging to his or her health, the result is often that he or she is unable to continue in the position. Highly individualized reactions to working conditions such as allergic reactions can be tricky to deal with since employers and insurance providers are going to be keen to limit their liability for workers’ compensation benefits if they cannot eliminate the cause of the reaction or if the worker leaves the company because of an inability to tolerate the work environment. In these cases, it is sometimes necessary for a worker to put up a fight to ensure they receive the full benefits due to them.
In our previous post, we began looking at how workers' compensation law addresses the issue of choice of provider. As we noted, employers in Pennsylvania are able to limit their workers' choice of provider, but only if they provide a proper listing of providers.
Following a workplace injury, receiving prompt medical treatment from a competent physician is critical in ensuring that a worker doesn't end up with a medical condition that is worse than it has to be. One of the immediate questions for an injured worker, therefore, is: where can I go for medical care? Is an injured worker allowed to see his or her ordinary physician?
Many workers assume that they are able to be compensated if they suffer from work-related injury or illness, and generally speaking, they are right. There are some exceptions to that general rule, though, and the reality is that some injuries and illnesses are compensable and others are not.
Workplace injury is a broad category of inquiry, with all types of injuries occurring every day and every year. There are certain types of injuries, though, that are more common across the board, and these recently came into focus when Liberty Mutual released its annual top-ten list of the leading causes of workplace injury. The top-ten list is based on recorded workers’ compensation claims data from the company and data from other sources.