Archive for the ‘DLP Law’ Category

Texas prides itself on promoting oil and natural gas drilling activities in its borders. Unlike Pennsylvania, Texas has a regulation for just about every aspect of the drilling industry. Today, new regulations become effective mandating disclosure of chemicals used in the fracking process. Also, gas drilling companies will need to disclose the amount of fresh water used in the drilling process. Meanwhile, Pennsylvania Republican led Legislature and Republican Governor Tom Corbett continue to disagree on some type of natural gas drilling legislation in Pennsylvania. Very little, if any, natural gas drilling regulations are on the Pennsylvania books—unlike Texas. The 13 automobile accident Trial Lawyers at DLP continue to follow this and other stories in the Marcellus Shale gas drilling regions of NEPA and Central Pennsylvania affecting their clients injured in serious auto, gas truck, big truck, drilling, blasting and quarry accidents.

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

Republican Senate leaders are feeling pressure from their districts to work through new legislation that taxes natural gas drillers in Pennsylvania and keeps local control of zoning regulations. Polls show that a majority of residents are demanding that natural gas companies pay taxes, severance fees or “impact fees” as the anti tax movement calls the tax. With elections on the horizon in May, 2012 Republican legislators are anxious to pass a new natural gas drilling regulation bill. Meanwhile, gas drillers will be obligated as of March 1st to report emissions at drilling sites, compressor stations and other natural gas facilities. The 13 Trial lawyers at DOUGHERTY LEVENTHAL PRICE LLP–DLP—fighting for innocent victims injured in car, automobile, gas truck, big truck, quarry, blasting and explosion accidents in the Marcellus shale regions of NEPA, Central and throughout Pennsylvania continue to follow these and other natural gas drilling issues.

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.

How do we prevent Pennsylvania nursing home abuse & injuries?

• Assessing patients after a fall to identify and address risk factors and treat the underlying medical conditions
• Educate staff about fall risk factors and prevention strategies
• Reviewing prescribed medicines to assess their potential risks and benefits and to minimize use
• Making changes in the nursing home environment to make it easier for residents to move around safely. Such changes include putting in grab bars, adding raised toilet seats, lowering bed heights, and installing handrails in the hallways.
• Providing patients with hip pads that may prevent a hip fracture if a fall occurs.
• Using devices such as alarms that go off when patients try to get out of bed or move without help.

Natural gas drilling and natural gas production in the Marcellus shale regions of Pennsylvania have led to lower natural gas heating prices and a rush by homeowners to switch from oit to gas. Reports today note that a record number of residential and commercial property owners are switching to cheaper natural gas. Many of the property owners  lost oil burners in the Fall 2011 floods and switching over to natural gas is a “no brainer”. The price of a gallon of home heating oil is approximately $4.00/gal. The price of natural gas continues to drop. The 13 TRIAL LAWYERS at DOUGHERTY LEVENTHAL PRICE LLP–DLP–continue to follow these and other natural gas drilling issues while representing seriously and catastrophically injured clients in AUTOMOBILE, big truck, gas truck, quarry, blasting, explosion, and product liability cases throughout NEPA, Central and other parts of Pennsylvania.

Dougherty Leventhal Price LLP–DLP—have been hired on many serious accident cases in the Marcellus Shale natural gas drilling regions of NEPA, Central and other portions of Pennsylvania. Along with gas truck, big truck and automobile accident cases, the 13 Trial Lawyers at DLP are also handling explosion and blasting cases. Explosions have occurred at gas drilling sites and blasting incidents have occurred at quarry sites. DLP clients have been seriously injured as a result of the incidents. Investigation and representation on behalf of the catastrophically harmed clients continues.

The natural gas drilling industry received a big boost for drilling in the Marcellus Shale regions of Pennsylvania and New York when President Obama advocated safe drilling of natural gas throughout the country. In response, natural gas drilling companies announced their intentions to reveal chemicals used in the :fracking” process and to make the practice transparent and safe for the environment. This comes on the heels of Texas requiring disclosure of fracking chemicals and amount of water usage as of February 1, 2012. The 13 trial lawyers at DOUGHERTY LEVENTHAL PRICE LLP–DLP–representing serious and catastrophically injured and killed victims of auto accidents, gas and big truck accidents, blasting and quarry accidents and product liability accidents, continue to follow these and other issues in the Pennsylvania Marcellus Shale regions of NEPA, Central and throughout the state.

       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 [email protected] for a free consultation.

The natural gas drilling industry, supported by Governor Tom Corbett, has sought to limit or eliminate local zoning control of gas drilling rig and other gas industry related construction. Reports today note that 9 Republican Senators have issued a statement opposed to state control over local zoning matters. The change in position is in response to growing concerns throughout the state of local municipal leaders fearful of losing their authority over local zoning issues. The gas drilling regulation and tax bill remains in negotiations in Harrisburg.