Archive for the ‘Thomas P. Cummings’ Category

Question: I work for a business based in Pennsylvania. I was injured on the job but my injury occurred out-of-state. Can I pursue a Pennsylvania workers comp claim?

Answer: It will depend on the facts and your work situation. The Pennsylvania Workers Compensation Act applies to all injuries that occur within Pennsylvania. If the injury occurs outside of Pa., the Act may apply if:

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Question: You’ve been injured on the job. Your employer has acknowledged the claim and has paid your wage loss benefits and is paying for your work related medical expenses. Can you now sue your employer in a civil case seeking additional damges for pain and suffering, future losss of earnings, etc.?

ANSWER: Generally speaking, NO. The Pa. Workers Compensation Act contains provisons which hold that a workers compensation claim is the exclusive remedy available to an injured employee against his employer for injuries suffered on the job. The Act states “the liability of an employer under this act shall be exclusive and in place of any and all other liability to such employes, his legal representative, husband or wife, parents, dependents, next of kin or anyone otherwise entitled to damages in any action at law or otherwise on account of any injury or death” suffered in course and scope of employment.

However, if the work-related injury suffered by an employee is caused by the negligence of a third party, then the employee may bring a civil action seeking damages against the negligent third party.

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.

QUESTION: HOW LONG DO I HAVE TO REPORT MY WORK INJURY IN A PA. WORKERS COMPENSATION CASE?

 ANSWER: AN EMPLOYEE SHALL  REPORT A WORK INJURY WITHIN 21 DAYS AFTER THE INJURY. IF THE INJURY IS NOT REPORTED WITHIN 120 DAYS AFTER THE OCCURRENCE OF INJURY, NO COMPENSATION SHALL BE ALLOWED. HOWEVER, IN CERTAIN CIRCUMSTANCES, THE TIME FOR GIVING NOTICE OF AN INJURY DOES NOT BEGIN TO RUN UNTIL THE EMPLOYEE KNOWS, OR BY THE EXERCISE OF REASONABLE DILIGENCE SHULD KNOW, OF THE EXISTENCE OF THE INJURY AND ITS POSSIBLE RELATIONSHIP TO THE EMPLOYMENT.

77 p.s. 631



Disclaimer: The above comment 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. 

At separate meetings in Newton Township, Lackawanna County Pennsylvania and Dallas Township, Luzerne County Pennsylvania local government officials met and heard testimony by local residents regarding gas drilling operations in their respective communities.  Residents voiced support for the gas industry along with concerns over water, environmental, safety, home values and other issues.  Local officials listened and are considering local regulations of the gas drilling industry.  The twelve lawyers at Dougherty Leventhal , Price LLP–DLP–PENNSYLVANIA TRUCK LAWYERS and PENNSYLVANIA GAS DRILLING RIG INJURY LAWYERS, continue to follow this and other Marcellus Shale Gas drilling issues in Northeastern and Central Pennsylvania.

Gaovernor Tom Corbett has endorsed a natural gas drilling “impact Fee” for gas develepers in the Marcellus Shale Industry in Pennsylvania.  Governor Corbett has opposed “taxes” on gas drillers, but now looks to obtain monies to pay individual Counties and local municipalities for the extra costs spurred by the expanding gas industry throughout the Commonwealth.   Legislation will be introduced shortly in Harrisburg for implementation of the “impact fee”.  The twelve lawyers at Dougherty Leventhal & Price LLP–DLP–PENNSYLVANIA GAS DRILLING INJURY/TRUCK ACCIDENT LAWYERS–continue to monitor this and other Marcellus Shale gas drilling issues.

Pennsylvania Marcellus Shale gas drilling/truck accident lawyers Dougherty Leventhal & Price LLP,  DLP  continue to investigate several serious gas drilling truck accident cases in Susquehanna and Bradford Counties Pennsylvanaia.  The twelve (12 ) attorneys at DLP have handled significant truck accident cases throughout Northeastern and Central Pennsylvania for the past twenty five (25) years.

Reports note that a tanker truck/water truck has crashed on the Northeast Extension of the Pennsylvania Turnpike.  There is at least one fatality and the road is closed to holiday travelers.  the twelve lawyers at Dougherty Leventhal & Price LLP, PENNSYLVANIA TRUCK ACCIDENT LAWYERS, continue to follow this story..

Dougherty Leventhal & Price,  DLP,  notes that partner John Finnerty is investigating a death which occured at the Veteran’s Medical Center.  Attorney Finnerty has retained experts to assist his clients.  Attorney Finnerty is one of twelve lawyers at DLP–Pennsylvania Truck Accident Lawyers—handling serious injury cases throughout Northeastern and Central Pennsylvania.  Attorney Finnerty along with Attorneys Cal Leventhal and Tom Cummings handle Pennsylvania Workers Compensation cases in the Marcellus Shale Gas Counties including Bradford, Sullivan, Wyoming, Susquehanna, Potter, Tioga and Lycoming.  DLP–PENNSYLVANIA TRUCK ACCIDENT LAWYERS.

Dougherty Leventhal & Price LLP,  DLP, is proud to announce that partner Cal Leventhal is the only named Super Lawyer* residing in and with principle office located in Wayne County Pennsylvania.  Attorney Leventhal heads the DLP workers compensation department.  He also was the first plaintiff lawyer to obtain a verdict in excess of one (1) million dollars in Wayne County history.  Attorney Leventhat can be contacted at his office in Honesdale, Pennsylvania

*As selected by Philadelphia Magazine

Dougherty Leventhal & Price LLP,  DLP, are Pennsylvania gas drilling rig workers compensation lawyers.  Attorneys Cal Leventhal, Tom Cummings and John Finnerty head the DLP Northeastern Pennsylvania and Central Pennsylvania workers compensation department.  DLP handles injured workers cases in Bradford, Susquehanna, Tioga, Potter, Wyoming, Sullivan and Wayne Counties Pennsylvania.