Pennsylvania Personal Injury Lawyers of Dougherty, Leventhal & Price, LLP » Tom Cummings

Minor Injured At Work In Pennsylvania

Tom Cummings — Thu, 02 Feb 2012 14:42:52 +0000

In Pennsylvania, if a minor (an individual under 18 years of age) is employed in violation of Pennsylvania state laws relating to minors and is injured in the course and scope of employment, that minor is entitled to receive an additional 50% of the workers compensation wage loss benefit rate. The insurance carrier must pay compensatuion at the customary benefit rate (generally 2/3 of the pre-injury average wages). The employer in this scenario (not the insurance carrier) must pay the additional 50%.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Fatal Work Injury in Pennsylvania? When Must The Claim Be Filed?

Tom Cummings — Wed, 01 Feb 2012 15:33:57 +0000

In the case of a Fatal Claim Petition filed in the death of an employee under the Pennsylvania Workers Compensation act, Section 315 of the act requires that the Petition be filed within three years from the date of death. The filing shall be submitted on the prescribed form, LIBC- 363. In addition to the three year from the date of death filing requirement, the Act also requires that the death occur within 300 weeks from the date of the injury tat gives rise to the death. For example, if an injured employee develops a disease as a result of medical treatment received for a work injury and subsequently dies as a result of that disease, the death must occur within 300 weeks of the initial injury in order to support the Fatal Claim Petition.
In cases involving occupational disease and fatal claims, the Act likewise requires that the compensable disability occur within 300 weeks of the last date of employemnt in an occupation or industryto which the employee was exposed to hazards of such a disease.
If you or a loved one have been injured at work and have questions about a workers compensation claim, call me at 570-347-1011 or email me at tcummings@dlplaw.com for a free consultation.
Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Fatal Claim Benefits In A Pennsylvania Workers Compensation Case

Tom Cummings — Tue, 31 Jan 2012 14:32:27 +0000

When an employee is fatally injured on the job, benefits are payable to certain surviving dependents. Included in that class of dependents is the surviving spouse- the widow or widower. It’s important to note that the surviving spoues must still have been married to the deceased employee at the time of the fatal work injury and also must establish financial dependence on the deceased employee. In that regard, Pennsylvania does not recognize common-law marriages.

If there is a surviving widow/widower and no children, the surviving widow/widower is entitled to 51% of the deceased worker’s pre-injury wages. Benefits are payable to a surviving spouse until death or remarriage. Benefits to surviving children and siblings are generally payable until age 18. Compensation will continue, however, if the child is a full-time student in an accredited educational institution, until the child reaches the age of 23.

Also, burial benefits are payable in the amount of $3000.00

Death Benefits Under the Pennsylvania Workers’ Compensation Act

Tom Cummings — Mon, 30 Jan 2012 19:32:42 +0000

Where the death of an employee results from an injury that occurred on the job, certain dependents of the deceased employee are entitled to benefits under the Pennsylvania Workers’ Compensation Act. Dependents include widows, widowers, children, parents, and in some cases, siblings. The key question in assessing whether a survivor is entitled to benefits is whether that survivor was financially dependent on the deceased employee.
If there is a surviving widow/widower and no children, the surviving widow/widower is entitled to 51% of the deceased worker’s pre-injury wages.
If there is a surviving widow/widower and one child, 60% of the pre-injury wages are payable.
If there is a widow/widower with two or more children,
66 2/3% of the pre-injury wages are payable, but not in excess of the State-wide average weekly wage.

If there is no surviving spouse but there are children, payments are as
follows:
If there is one child – 32% of the pre-injury wages; If there are two children – 42% of the pre-injury wages; If there are three children – 52% of the pre-injury wages; If there are four children – 62% of the pre-injury wages; If there are five children – 64% of the pre-injury wages; and If there are six or more children – 66 2/3% of the pre-injury wages.

Benefits are payable to eligible parents and siblings in certain circumstances. However, the parents/siblings must establish financial dependency upon the deceased worker. If the parents/siblings are able to establish total dependency, they are entitled to 52% of the pre-injury earnings of the deceased employee. If there is partial dependency, payment of 32% of the pre-injury wages are payable.

Pennsylvania Workers Compensation Injury- What Types Of Injuries Are Excluded?

Tom Cummings — Thu, 26 Jan 2012 15:33:34 +0000

In Pennsylvania, certain types of injuries are excluded from being compensable under the Pa. Workers Compensation Act. For example, injuries which the employee intentionally inflicts on himself are not covered under the Act. Also, injuries caused by the injured employee’s intoxication are not compensable. Injuries caused by the injured employee’s violation of a positive order are excluded as are injuries caused by the act of a 3rd party intending to injure the employee because of reasons personal to the 3rd party and not directed against the employee because of the employment. Further, injuries caused by the employee’s violation of law will preclude recovery under the Act.

If you’ve been injured at work and have questions about a workers compensation claim, call me at 570-347-1011 or email me at tcummings@dlplaw.com for a free consultation.

When Can An Employer Stop Paying Benefits In a Workers Compensation Claim?

Tom Cummings — Tue, 24 Jan 2012 20:47:54 +0000

Question: My employer has filed a Petition to Suspend my Workers Compensation benefits. Will they now stop paying my benefits?
Norma S., Scranton, PA
Answer: As the employer filed a Petition to Suspend your benefits, I’m assuming that you were recently examined by a physician who offered the opinion that there has been an improvement in your work-related medical condition and that you could perform some type of work. I’m also assuming that there has been some type of job offer or vocational efforts showing job availability. That being said, the employer cannot simply stop paying benefits unless you have had the opportunity to contest their allegations before a Judge at a hearing. At the hearing, you will be allowed to present evidence in oposition to the dfendant’s request to reduce or stop your benefits.
Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Unemployment Compensation and Workers Compensation

Tom Cummings — Mon, 23 Jan 2012 19:31:14 +0000

The Pennsylvania Commonwealth Court recently ruled that a resignation from employment as a condition for settlement of a workers’ compensation claim can bar that employee’s claim for unemployment compensation benefits. In the case of Lee vs. Unemployment Compensation Board Of Review, the claimant/employee, Ms. Lee, was injured in 2005 while on the job. In 2009, Lee settled her workers’ compensation case for a lump sum payment. In consideration for the settlement agreement, Lee also signed a separate release/resignation letter and resigned from her employment with her employer. The resignation/release agreement contained language indicating that Lee waived “any and all claims relating to (her) work injury that (she) has or may have against (the employer) including, but not limited to, any claim under the American with Disabilities Act of 1990, as amended; the Pennsylvania Unemployment Act, as amended, or the Pennsylvania Human Relations Act, as amended”.
Lee subsequently filed for unemployment compensation benefits. The Commonwealth Court ruled that a denial of unemployment compensation claim was proper holding that the resignation was a voluntary act and did not provide a necessitous and compelling cause. The Court noted that Lee admitted that she resigned in order to settle her workers’ compensation claim.
If you are contemplating settlement of a workers compensation claim, contact DLP at 570-347-1011 or email me at tcummings@dlplaw.com for a free consultation.
Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.
Tom Cummings

Medical And Factual Proof In A Pennsylvania Work Injury/ Workers Compensation Case

Tom Cummings — Sat, 21 Jan 2012 14:14:44 +0000

If you are an employee injured at work, there are certain things you must prove to establish a claim for workers compensation benefits. First of all, the burden of proof is on the employee to show a connection between the injury and the employment. In some cases the circumstances surrounding the injury make it obvious that the incident or injury is work-related. In other circumstances, the connection is not so obvious and the injured worker must present competent factual testimony as well as competent, unequivocal medical testimony to establish the connection. The medical opinion evidence must be rendered within a reasonable degree of medical certainty, which requires that a physician who has treated and examined the injured worker presnet opinions that are more than mere guesses or probabilities.
If you’ve been injured on the job and have questions about your claim, call us at 570-347-1011 or email me at tcummings@dlplaw.com
Thomas P. Cummings, Esq.

The Five Step Sequential Process In Social Security Disability Claims

Tom Cummings — Fri, 20 Jan 2012 15:28:28 +0000

The Social Security Administration applies a five step sequential process to determine if the person requesting benefits- the claimant- is disabled.
The first step considers the claimant’s work activity, if any. If the claimant is performing “substantial gainful activity”, the claim will be denied. If the claimant is not performing “substantial gainful activity, the process moves to step 2.
At the second step, the medical severity of the claimant’s medical condition or impairment is reviewed. At this step, the claimant must establish that he has a severe, medically determinable physical or mental impairment that has lasted 12 months or can be expected to last 12 months (the duration requirement) or result in death. If that is established, the process moves to the third step.
The third step considers the medical severity of the claimant’s condition or impairment. If the impairment (or impairments) meets or equals one of the “listings” published by the Social Security Administration ( and also meets the duration requirement) the claimant will be found “disabled”.
If the claimant’s impairment does not meet a “listing”, the sequential process moves on to the fourth step where the claimant’s residual functional capacity and his past relevant work is assessed. If the claimant can still perform his “past relevant work”, he will be determined to be “not disabled” under the Social Security guidelines.
If the claimant cannot perform his “past relevant work”, the process moves to the fifth and final step where the claimant’s “residual functional capacity”, his age, education, and work experience is assessed to determine if the claimant can make an adjustment to perform other work. If the claimant can make the adjustment to perform alternative work that falls within his transferable skills, the claimant will be found “not disabled”.
If you have any questions about a claim for Social security benefits, call me at 570-347-1011 or email me at tcummings@dlplaw.com

Workers Excluded From Workers Compensation Claims

Tom Cummings — Wed, 18 Jan 2012 13:40:37 +0000

Under Pennsylvania law, certain workers are excluded from the Workers Compensation act and are precluded from filing workers compensation claims. Those excluded include workers who are deemed to be independent contractors, licensed real estate agents, casual workers, home workers, domestic service workers, certain agricultural workers, and conscientious objectors.