Archive for the ‘Workers Compensation’ Category

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.

Under Pennsylvania law, in order to establish a claim for benefits under the Workers Compensation Act, an injured worker needs to establish that there was an employment relationship between the injured worker and the alleged employer. This issue is typically seen in cases where the “employer” asserts that the injured worker was not an “employee” or was an independent contractor. The facts of the case are analyzed in the context of several questions regarding the control of the “employee”:

• Did the “employer” have the right to select the “employee”;
• Did the “employer” have the right and the power to remove the “employee”;
• Did the “employer” have the power to direct the manner of the work performance;
• Did the “employer” have the potential power to control the “employee”;
• Who provided the tools or equipment utilized by the “employee”;
• Who secured the work that was being performed;
• Was the “employee” paid by the job, by the week, by the hour, etc.

If you are 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.

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.

Attorneys Joseph Price and Paul Oven are traveling to Bradford County to meet with experts and interview witnesses in a quarry blast that injured several workers. If you know of anyone who saw the blast or have information about this catastrophic accident in Bradford County, please contact DLP and our team of thirteen lawyers.

With the moratorium on natural gas drilling in New York apparently about to end, the debate over gas drilling and hydraulic fracturing is in full swing.  Reports today in the New York Times indicate that folks in Cooperstown, New York are facing off over permitting gas drilling rigs in the community.  The New York issues mirror those still ongoing in Pennsylvania.  The thirteen (13) lawyers at DLP: PENNSYLVANIA TRUCK ACCIDENT LAWYERS AND MARCELLUS SHALE GAS DRILLING RIG INJURY/ACCIDENT LAWYERS, continue to follow this and other Marcellus shale gas drilling issues in Northeastern and Central Pennsylvania.

The water problems and debate in Dimmock Pennsylvania continue.  CABOT GAS,  gas drilling company does not need to provide additional water to residents.   Property owners claim that methane levels in their water are increasing.  Experts continue to fight over the water issues.  The thirteen (13) lawyers at Dougherty Leventhal Price LLP—PENNSYLVANIA TRUCK ACCIDENT LAWYERS AND MARCELLUS SHALE DRILLING RIG ACCIDENT LAWYERS–CONTINUE TO FOLLOW THIS AND OTHER GAS DRILLING ISSUES IN CENTRAL AND NORTHEASTERN PENNSYLVANIA.

The boundaries for the Marcellus shale gas field in Pennsylvania are still being defined.  Drilling rigs are popping up at full speed in counties such as Bradford, Susquehanna and Tioga Counties.  However, fields are still undefined and the number of drilling rigs under construction have leveled off or declined in counties such as Wyoming, Luzerne and Potter Counties.  The thirteen lawyers (13) at DLP:–PENNSYLVANIA TRUCK ACCIDENT AND MARCELLUS SHALE GAS DRILLING RIG ACCIDENT LAWYERS continue to follow this and other gas drilling issues in Northeastern and Central Pennsylvania.

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. 

The number of drilling rigs in the Marcellus Shale regions of Pennsylvania is approaching two thousand (2000).  Reports note that over one thousand and eight hundred gas drilling rigs  (1800) have been placed in operation.  Industry leaders are touting the great positive economic impact of the expanding natural gas industry.  Hundreds of new Marcellus Shale gas drilling rigs are planned throughout Pennsylvania.  Thr thirteen lawyers at DOUGHERTY LEVENTHAL PRICE LLP—DLP—PENNSYLVANIA TRUCK ACCIDENT AND MARCELLUS SHALE GAS DRILLING RIG INJURY LAWYERS, continue to follow this and other Marcellus Shale gas drilling issues in Pennsylvania.