You’ve been hurt, it isn’t your fault. What do you do? The steps that we take at Hall and Copetas are going to be similar to the steps any law firm takes.
The investigation is both concerning the facts and circumstances of your accident: How did the cars crash? What does the sidewalk that you fell on look like? We take those pictures, we make those measurements.
Once you’ve been injured, you can only attain one verdict in your case, so you have to lay all of your cards on the table. For that to happen, certain dominoes have to fall. What we look for is for you to get to a point medically where you are either 100% better or where you’ve reached a level of maximum improvement where we know what your injuries are—they’re not going to get much better, they’re not going to get much worse—and also when we know what your wage loss is: how long you’re going to miss from work, whether you need to make a new career—those sorts of things.
The demand letter is a statement of everything that happened in your case that we present to the insurance company together with an offer of resolution. Then, either the insurance company is going to accept your demand or negotiate with you. And after a few days of negotiation, you’ll know whether or not you have to take your case to court.
The lawsuit basically has four steps.
When you have been injured, solutions start here. At Hall and Copetas, we do our best to give our clients a voice in court. It’s your voice, so be heard.
]]>You’ve been hurt at work and you know you’re going to miss a significant period of time. You’re worried about paying your bills, you’re worried about taking care of your family, and you want to know what the law provides for you.
Under the law, to receive all the benefits that you’re entitled to, you must report your injury within twenty days, and if you do not report your injury within 120 days, then your claim has expired and it goes away. The reason it’s important to report your injury to the employer, even if you think it’s a minor injury, is sometimes down the road a minor injury turns into more than we think it will be.
In order to receive benefits under the Worker’s Compensation Act, you need to be able to prove medically the reasons why you’re missing time from work. As far as medical treatment goes, you must treat with doctors on the employer’s list of panel doctors, if the employer has properly set up the list, and you must treat with those doctors for up to 90 days. If your employer doesn’t have a list of doctors or is unable to provide you with the names of doctors to see, then you’re allowed to see whatever doctor you want.
The Nurse Case Manager will try to direct your care to cheaper options; the Nurse Case Manager will try to get your doctors to say that you’re ready to go back to work—sometimes appropriately, but sometimes sooner than you should.
It’s really the doctors who should be directing your care—not nurses and not an insurance company.
Many people will ask me “If I have insurance and if I have another way to be paid—whether my boss is paying me sick time or I’m getting some sort of a disability policy—do I even need to report the injury?”
The answer is almost always “Yes.”
Under the Workers’ Compensation Act, the benefits are available to you are wage-loss benefits—as long as you are missing time from your job as a result of the injury—and medical benefits until you’re 100% better.
The medical benefits aren’t tied to employment. They’re not tied to paying your premium or anything like that. Basically, you have the right to medical treatment under the Workers’ Compensation Act forever, until you’re 100% better, and that’s a superior right than you will receive from any health insurance.
One is medical, the second is wage loss, and the two rights are separate from each other. You receive wage-loss benefits as long as your work injury is preventing you from working, and you receive medical benefits until you’re 100% better.
So you can be working and you can not have a wage loss and still be entitled to medical benefits. So, the right medical benefits can extend much longer than the right to wage-loss benefits.
When you’ve been injured, solutions start here. At Hall and Copetas, we do our best to give our clients a voice in court. It’s your voice, so be heard.
]]>A diabetic failing to maintain healthy glucose levels may experience unexpected blackouts. When a motorist has an awareness of the condition, he or she must use reasonable caution to control it while driving.
Proving that a motorist failed to treat a medical condition
When planning trips, a duty of care to protect other individuals could require eating meals and taking medications before operating a motor vehicle. A sudden seizure or medical episode that occurs while driving could result in a catastrophic accident.
Filing a legal claim may include allegations of a motorist’s negligence in treating a serious medical issue. A court may ask for records that indicate a driver’s condition in addition to evidence proving how his or her carelessness caused a collision.
Asserting a medical condition did not cause an accident
Pennsylvania’s laws recognize the “sudden medical emergency” doctrine. According to Claims Journal, a driver may assert that similarepisodes previously occurred, and they did not result in an accident. The court may ask whether he or she experienced any unusual symptoms or how a physician has recommended driving.
A defendant may provide an expert or witness who can testify that the driver’s medical condition could not have caused the accident. An expert may also provide medical statistics to prove the likelihood that a sudden emergency did not occur quickly enough to lose control of the car. Personal witnesses may testify that the individual took care of his or her condition regularly and as prescribed.
Filing a legal claim to recover
An individual alleged to have caused avehicle collisionby not treating a medical condition may face liability with proof of a foreseeable episode. An unforeseeable or random medical event, however, may absolve a motorist of responsibility for the accident.
]]>A company may face liability when negligence causes a worker to suffer a serious injury. An employer owes a duty of care to provide workers with safe and properly maintained premises, as described by the U.S. Occupational Safety and Health Administration. If a job requires using care and caution to prevent an injury, an employer must also train workers to perform their tasks safely.
Employers must warn employees of a known hazard
Employees have a right to find their worksites free of debris, toxins or other hazards. In the event that a worksite presents a temporary danger, an employer must provide visible signs to warn employees of the risks.
Typical warnings include orange cones and yellow tape or “Caution” signs around areas that employees should avoid. If signs and cones are unavailable, verbal warnings or constant monitoring may serve to prevent accidents. Failing to provide a warning may result in a company facing legal action over harm caused by an accident.
Former employee receives a $10 million settlement
A former carpentry foreman slipped and fell in a hallway covered in ice at a construction site. The accident caused devastating injuries that required the 43-year-old man to undergo surgery on his right leg and ankle five different times. As reported by The Philadelphia Inquirer, a lawsuit against the employer resulted in a settlement of $10 million.
Another employee had drilled into a water line by accident, causing the hallway to flood. The water turned to ice quickly. Although an employee physically stood in the hallway to warn others of the danger, he stepped away before the foreman slipped on the ice.
When employers know of workplace risks and dangers, they owe a duty of care to warn others to stay away. A company may otherwise find itself liable for damages resulting from its employee’s medical expenses and long-term treatment.
]]>According to the Centers for Disease Control and Prevention, these are some of the most frequent injuries affecting health care workers, along with strategies to keep yourself safe.
Musculoskeletal disorders
Individuals who care for patients in traditional hospital settings, long-term care facilities and in their homes are at risk for sprains, strains and other injuries resulting from lifting and handling patients. OSHA says that nursing assistants are among the top occupations facing this health risk, which is especially pronounced among those who work with elderly patients who require daily living assistance and/or patients who are obese. Review the safe lifting procedures established by your facility, and ask for help if you have concerns about lifting someone alone.
Chemical exposure
Workers in hospital settings are at risk for contact with chemical hazards, including but not limited to biological agents, antibiotics, aerosol medications, waste, cleaning products and hormones. Follow your facility’s practices for safe handling of these substances. For example, avoid eating near hazards, report spills, make sure hazards have proper labels and wear personal protective equipment as needed.
Violent behavior
Nurses and medical assistants who work in home health may encounter unpredictable and even violent patients. Let your supervisor know if you feel uncomfortable with a specific assignment. Remain calm, and remove yourself from the situation when you feel unsafe. If a patient or family member threatens violence or attacks you, call 911.
Emotional stress
The CDC reports that health care workers have an elevated risk for depression, substance use and suicide. If you have mental health concerns, seek help from your doctor. Your facility may also have a protocol in place to assist employees struggling with psychological distress. When an injury or illness results from a person’s job, he or she may have a worker’s compensation claim.
]]>Coal miners have strict safety protocols that they should follow to help prevent injuries and illnesses on the job. However, there are times when safety measures fail and infections become a problem. Explore some of the most common breathing illnesses that workers should look out for in and outside of the mine.
Safety issues with mining
Pittsburgh area residents are no strangers to the mining industry. Over the decades, government-enacted standards aim to protect miners from risky physical injuries. However, the confines of the mine and the dust created when working may cause dangerous particles to enter the respiratory system and cause serious problems. Advancements in improving ventilation shafts and personal breathing equipment aim to help protect the lungs, but are they enough?
Respiratory issues associated with coal mines
After years of working in the mines, the fumes from diesel equipment and the dust particles underground begin to settle deep within workers’ lungs. If there is not early intervention in the way of medication or limiting exposure, these particles may start to infect lung tissue. Two of the most common diseases miners deal with are black lung (pneumoconiosis) and silicosis. In both cases, while medical intervention may help ease the symptoms, these treatments do not provide a cure. Over time, these conditions may cause respiratory failure or lung cancer.
Preventing further lung damage
The only way to keep dust and chemical inhalants from turning into chronic and debilitating problems is to practice moderate exposure. This means limiting time in the mines and around the machinery producing the particles. Adhering to personal respiratory equipment protocols may also help in protecting the lungs against exposure to dangerous particles.
The medical prognosis for miners is not always favorable, even with limited exposure. If there is a suspicion that mining has resulted in breathing difficulties, a thorough checkup with a doctor and may prove beneficial.
]]>Try these safety tips to protect yourself from a slip-and-fall accident this winter.
Stay alert
Know where slips tend to occur during your daily routine, and take extra caution in those areas. Examples include when entering and exiting your car, in the lobby of a building and on your front walkway in the morning. Be aware of black ice, which can cause you to fall even though it does not immediately appear hazardous.
Wear the right shoes
In cold weather, stick to boots or heavy-soled shoes that provide traction on slick pavement. Rubber or neoprene treads are your best bet for a sure step. Avoid leather or plastic soles, which have limited grip.
Prepare outdoor surfaces
Before a predicted storm or overnight drop in temperature, salt the surfaces on your property to prevent ice from forming. After a winter storm, clear snow and ice from your sidewalks and driveway as quickly as possible. Apply de-icing solution to keep the moisture on the ground from refreezing.
Use proper form
Walking carefully can often reduce your risk of a fall. Test possibly slick ground with a gentle tap of the foot before placing your entire weight on the surface. Take small, slow steps, almost a shuffling gait, to keep from losing your balance. Bend slightly and remain low to the ground, keeping the bulk of your body directly above your feet. When a walkway is icy, divert to a safer route if possible (which often means walking on the grass).
If you fall on ice because an individual or business failed to clear the sidewalk or parking lot, you may have a personal injury case. This type of lawsuit covers damages caused by third-party negligence. When a fall occurs at work, you may be eligible for workers’ compensation if you become injured.
]]>However, this popular outdoor sport does carry inherent risk. Making sure to follow safe handling and storage rules for firearms and staying aware of surroundings at all times is crucial for preventing a potentially fatal accident.
The five primary safety rules
The Pennsylvania Game Commission developed the acronym S.M.A.R.T. to help remind hunters of the fundamentals of firearm safety:
The two most common types of hunting-related shooting incidents are a failure to positively confirm the target by sight before firing and a failure to maintain a safe zone-of-fire. When hunting with others, make sure to remain in sight of each other and maintain a distance of 25 to 40 yards apart to ensure that you are not with in one another’s zone-of-fire.
When it comes to the potential for a firearm accident, the stakes are incredibly high. Even a moment of negligence on the part of a hunter may result in potentially life-altering trauma and overwhelming medical costs. In some cases, those injured may be eligible for financial damages that may help make the rehabilitation process easier.
]]>Thankfully, understanding how a workers’ compensation claim works in Pennsylvania can make the task more manageable. Here is a general overview of the claims process.
Employer notice of workers’ compensation information
Your employer must follow the law in posting form LIBC-500. This document tells you about the contact information of the workers’ compensation insurance provider, internal contact person or third-party administrator.
Reporting your injury
When you get an injury, you should tell your employer within 21 days if you wish to receive full compensation. The ultimate deadline is within 120 days of getting injured or gaining knowledge of an occupational disease.
Employer reporting
As soon as your employer receives your report, it must notify its insurer or the person in charge of managing a self-insured compensation program. Your employer must also notify the Bureau of Workers’ Compensation about any injuries that result in disability lasting more than a shift or workday within seven days.
Notice of denial or payment
After your employer notifies the appropriate parties about your injury, there are a few things that can happen within the following 21 days. Your employer can either issue a notice of denial, payment of temporary compensation to extend the investigation or payment of compensation without further investigation.
Returning to work
When you return to your previous position, the insurance provider may send you a notice of modification or suspension. This document outlines any changes to your workers’ compensation benefits, such as a different amount or timeframe.
Final receipt
The last step is when the insurer files an agreement to stop payments with you. You have three years of your last received payment to file a petition to challenge the termination of compensation.
]]>Every year, more than 100,000 injuries are caused by the use of powered industrial trucks, so employers should, above all else, provide the proper training for this type of equipment. This includes forklifts, lift trucks and electric pallet jacks. When operators use such equipment in an unsafe manner, employers will need to set up refresher courses for them. Everyone else should take their courses every three years.
Next, employers will want to minimize the number of slips, trips and falls on their loading docks by repairing potholes, cracks, worn bumpers and other hazards. Workers should be trained on mopping up spills and sweeping up debris. Employers should be aware that kitty litter works well on oil spills.
Workers should also be trained to load and unload properly with an emphasis placed on the handling of flammable and combustible materials. Fourth, workers should be given the right safety gear: eye and ear protection, gloves, high-visibility safety vests, etc. Lastly, the trucks unloading their cargo should have chocks on the wheels.
When an employee is injured, employers may have to face a workers’ compensation claim. Victims, for their part, may file a claim without having to show that anyone was negligent. Workers’ comp benefits may cover medical bills and any short- or long-term disability leave. Those who are already receiving benefits might opt for a lump sum settlement. For advice and guidance, victims may want to see a lawyer. Should an appeal be necessary, their lawyer may assist with the process.
]]>