Posts Tagged ‘injury’

The twelve personal injury attorneys at Dougherty Leventhal and Price LLP are handling serious personal injury and workers compensation cases in North Central Pennsylvania. The Law Firm includes six (6) Super Lawyers as voted by Philadelphia Magazine and is representing accident victims in Bradford, Susquehanna, Tioga, Potter, Wyoming. Sullivan and Wayne County. DLP has handled numerous serious injury cases involving tractor trailers, cars, motorcycles, defective products and other types of negligence. Recently, Attorneys Joe Price and Tom Cummings attended a seminar in Houston , Texas to help the firm represent clients injured or killed while involved in the drilling industry or when involved with a vehicle used in the gas drilling industry. The firm has represented clients from many communities including Wellsboro, Coudersport, Mansfield, Towanda, Athens, Waverly. Montrose, Sayre, Tunkhannock and other towns. If you suffer injuries as a result of an accident or while at work, please contact any of our lawyers at dlplaw.com or call 570-call-dlp.

Pennsylvania personal injury attorney John Finnerty serves as a lector at Divine Mercy Roman Catholic Church, Minooka, PA

Personal Injury Attorney, Brian J. Walsh, Esquire of Dougherty, Leventhal & Price, LLP recently obtained board certification through the National Board of Trial Advocacy. Brian is the son of Donald and MaryAnn Walsh and currently resides in Scranton with his wife, Lori, and 2 year old son. Brian obtained his Bachelor of Science Degree from the Pennsylvania State University in 1995 as well as his Juris Doctorate Degree from the Dickinson School of Law in 1998. Brian has been associated with Dougherty, Leventhal & Price, one of the areas largest personal injury law firms, for the past 5 years where his practice focuses exclusively on representing injured persons in automobile accidents, tractor trailer cases, product liability matters and slip and fall accidents. Brian sees clients at his Moosic and Kingston offices.

Paul had sustained a work-related back injury and, with the help of some excellent therapy, was scheduled to return to work in just three days. Paul was on his way to his last physical therapy session when he was stopped at a stoplight on Main Street in Honesdale. Paul was suddenly rear ended by a large out-of-state SUV.

Despite having his seatbelt on, Paul was violently thrown forward at the same time that the airbag opened. Paul immediately felt extreme pain once again in his low back and, as a result of the rear-end collision, his return to work would ultimately be delayed almost four months while he once again rehabilitated.

Issue: Will Paul be entitled to Workers’ Compensation benefits for the additional four months?

Answer: Yes. Because of the fact that Paul was injured once again while on his way to treatment, it would be considered all part of the original work-related injury. Thus, Paul’s additional four months of medical bills and lost time would all be compensable. If Paul suffered other injuries besides the original injury to his low back, that would also be considered compensable under the Pennsylvania Workers’ Compensation Act.

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.

The DLP Law Firm is comprised of a team of professional personal injury lawyers, who have taken on some of the most difficult cases in state history.  We pride ourselves on a team approach to help clients whose lives have been affected by personal injuries.  We have won cases for a long list of satisfied clients including awards well into the millions.  Whether you’ve been injured in an auto accident, a truck accident, medical malpractice, defective products or other injuries which have changed your life, our team of personal injury lawyers have successfully won record results for our clients.

DLP Lawyers

• have the highest rating for legal ability and ethics by Martindale-Hubbell legal directory
• have authored numerous articles and been published more for their legal knowledge
• are well-respected – many clients come to us at the recommendation of other lawyers
• only charge a fee if you recover money. We stay in business by winning

Whether a case is large or small, We believe people deserve compensation for injuries caused by the wrongdoing of others.
If you have been injured due to someone else’s negligence, talk to one of us at DLP. We’re in your corner to help you recover money for your injuries and want to help – CONTACT US for a free case evaluation.

Pennsylvania personal injury Attorney, John Finnerty of DLP Law, is past Chairman of St. Joseph’s Church’s Annual Picnic

If you are injured while working in Pennsylvania, you will be faced with many questions. How do I report my injury? When must the injury be reported? How long do I have to file a claim? How do I file a claim? The procedural rules are daunting and entire process can be very intimidating.

I have set forth a brief overview as to the procedures that are followed in a workers’ compensation case from the reporting of a work injury, through the litigation of the claim, and the filing of any appeals.
Employers in Pennsylvania are required by law to post a pre-printed “Notice of Injury” form in a conspicuous location within the workplace regarding the reporting of work injuries. This form specifically states: “Remember: It is important to tell your employer about your injury”. This posted form also should inform employees as to the name, address and telephone number of the employer’s workers’ compensation insurance carrier or internal workers’ compensation contact person.

An injured worker in Pennsylvania is referred to as a “claimant”. A claimant has 120 days from the date of injury to report the injury to the employer. Compensation may be disallowed if the injury is not reported:(1) within 120 days from date of injury or (2) within 120 days from the date when the claimant has knowledge of a work-related disease.

Employers are required to immediately report all employee injuries to their insurer or, if self-insured, to report them to the person responsible for management of the employer’s workers’ compensation program. If an injury results in the death of the claimant, the employer is also required to file with the Workers’ Compensation Bureau a report of injury within 48 hours of the injury. If the injury does not result in death but does result in the claimant being disabled for more than one day, the employer must report the injury to the Bureau after seven days and within 15 days after the date of injury.

Within 21 days from the date the claimant provides notification of an injury, the employer/insurance carrier shall either: (1) accept liability for the injury and issues a Notice of Compensation Payable or a Notice of Temporary Compensation Payable or (2) deny liability and issue a Notice of Workers’ Compensation Denial to the employee.

If the employer/insurance carrier denies liability, the claimant has three years from the date of injury to file a Claim Petition. A Claim Petition is a formal filing with the Bureau requesting acknowledgment of a work-related injury and the payment of benefits.

After the Claim Petition is filed, the case is assigned to a Workers’ Compensation Judge (WCJ) by the Bureau. Assignments are generally made to a WCJ who hears cases in the county where the claimant lives.
Once the case is assigned, all parties involved in the case will receive written notice of the date, time and place of a hearing.

The WCJ will hear evidence presented by both the defendant (employer/insurer) and claimant at one or more hearings. Generally, both parties will also present deposition testimony of medical witnesses. Claimant will typically present medical testimony from a physician or medical specialist who has evaluated and treated the claimant. The defendant is entitled to have the claimant examined by a physician of their own choosing.
Most recently, the Pennsylvania Workers’ Compensation Act was amended to require mandatory mediation in all newly filed workers’ compensation cases. These mediations are to be held before a WCJ.

After a claim petion is litigated, the WCJ will close the evidentiary record. The parties will submit written briefs or other legal memoranda setting forth their respective positions. The WCJ will then issue a formal written decision.

Once the WCJ issues a decision, either party has 20 days from the date the decision is circulated to file an appeal with the Workers’ Compensation Appeal Board (WCAB). The WCAB will conduct an appeal hearing at which time the parties will present oral argument and submit written briefs. The WCAB will then issue a written decision. Either party has 30 days from the date of circulation of the WCAB’s decision to file an appeal with the Commonwealth Court. The Commonwealth Court will conduct oral argument, receive written briefs from the parties, and then issue a written decision. Either party has 30 days from the date of circulation of the Commonwealth Court’s decision to file a Petition for Allowance of an Appeal with the Pennsylvania Supreme Court.

If you are injured while at work, contact me and I’ll be happy to assist you in securing benefits. I can be reached via telephone (570) 347-1011 or via email at tcummings@dlplaw.com

Thomas P. Cummings, Esq.

On September 14, 2006, the Pennsylvania Commonwealth Court in the case of Agnello vs. WCAB ruled that an injured worker suffered “permanent disfigurement” when dentures were required to replace three teeth she lost in a work-related injury, holding that the dentures MASKED, rather than resolved, the harm to her appearance.
In reaching this decision, the Court held that “disfigurement” benefits were appropriate noting that
“when the Claimant removed her denture, she proved that her disfigurement was serious and permanent and resulted in an unsightly appearance, and she was entitled to an award.”
The Commonwealth Cort has remanded to a Workers’ Compensation Judge (WCJ) for a determination as to the amount of benefits payable.
The Pa. Workers’ Compensation Act allows benefits for disfigurement of the head, neck or face, if the disfigurement is:
(1) serious,
(2) permanant,
(3) unsightly and
(4) not usually incident to the employment.
A WCJ will make a legal determination as to whether the disfigurement meets the four factors indicated above. The WCJ will then view the disfigurement at a hearing and place a value on the disfigurement based on a number of weeks. The maximum award for disfigurement is 275 weeks of benefits. The more “disfiguring” the scar, discoloration, loss of teeth, etc., the greater the number of weeks of benefits that will be awarded. Once the Judge determines the number of weeks, that number is mutiplied by the injured workers’ weekly compensation rate.
Generally speaking, disfigurement benefits typically involve a scar or skin discoloration resulting from a work-related injury. The Agnello decision has extended this doctrine to include a loss of teeth that required the worker to secure dentures.
It’s important to note that disfigurement benefits may be payable over and above workers’ compensation benefits payable for a physical injury. It’s also important to know your rights when you suffer a work injury. Call us at DLP and we’ll be sure to give you sound advice as to what benefits may be payable to you. If you have any questions, call me at (570) 347-1011 or email me at tcummings@dlplaw.com

Thomas P. Cummings, Esq