Posts Tagged ‘injury’

If you are a police officer or a fireman who is injured on the job, you may be entitled to receive Heart and Lung benefits in addition to workers’ compensation benefits.  Heart and Lung benefits entitle an injured municipal worker to full pay while off on temporary disability.  Additionally, Heart and Lung benefits are tax-free to the injured worker.  Your employer or its insurance carrier is also obligated to pay for all of your work-related medical bills. 

If you are a police officer or a fireman and you suffer a work injury that prevents you performing your job duties, call the lawyers at DLP for a free no-obligation consultation.  We will explain to you what benefits are available to you while you remain disabled.

Attorneys Brian J. Walsh, Patrick E. Dougherty and James M. Wetter recently settled a tractor trailer/automobile accident case for 1.75 Million Dollars. The initial offer in the case was $50,000. After litigating the matter, the case resolved at a settlement conference with the Trial Judge from the Court of Common Pleas of Lackawanna County, Pennsylvania.

The Plaintiff asserted a claim for compensatory damages to recover for his pain and suffering, past medical bills and loss of wages and earning capacity into the future. The Plaintiff also had a viable claim for punitive damages based upon the conduct of the tractor trailer driver and the companies who employed him. This case highlights the importance of retaining attorneys who not only have experience in personal injury cases, but who also have specialized experience in tractor trailer litigation. Attorneys Walsh, Dougherty and Wetter are members of the Association of Plaintiff Interstate Trucking Lawyers of America, have handled numerous tractor trailer cases and have traveled the country attending various tractor trailer litigation seminars. If you have been involved in a tractor trailer accident, please feel free to contact DLP for a free consultation. It is extremely important to obtain counsel as soon as possible after the accident to ensure that all evidence is preserved and that your rights are protected.

            Eddy Dogood, 75, stopped at the Wellness Hospital for a brief visit with his doctor on June 1, 2006. Eddy had received a total right hip replacement about one year before.   A security guard employed by the hospital pulled Eddy from an elevator because the guard thought Eddy had parked his church van in a pick-up and drop-off area.  Eddy attempted to explain to the guard that if the guard didn’t like where the van was parked, he, the guard, could have it ticketed or towed. The security guard refused to let Eddy return to the elevator and put his arms around Eddy and pulled him off the elevator. Both the guard and Eddy fell to the ground. This caused Eddy to reinjure his hip and require another surgery.

            After the second surgery, Eddy did not have such a good result. He had to endure injections and take medications to manage his pain. Eddy was a church deacon and was active in community service helping both youths and the infirm. He could no longer continue doing those services after the second hip operation. Eddy was also now confined to a wheelchair.

QUESTION:  Does Eddy have a valid lawsuit against the hospital or its security guard?

ANSWER:     Yes. Eddy would have a cause of action. The security guard exercised far too much force under the circumstances presented. Eddy’s case would actually go to trial and result in a substantial verdict in his favor.

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. 

                        Tammy had just arrived at her employer’s parking lot,  parked her car, and started walking towards the entrance to the building where she worked. Unfortunately there was some black ice and Tammy slipped and fell forward, breaking her right wrist as a result of trying to break her fall. Tammy was not scheduled to start working until 9:00 a.m. and she fell at approximately 8:50 a.m.

ISSUE:          Should Tammy submit her medical bills to her health care insurance or through her employer’s Workers’ Compensation insurance?

ANSWER:     Tammy’s employer’s Workers’ Compensation carrier will be responsible to pay all of Tammy’s bills as well as her lost time benefits. The fact that Tammy had not actually started working makes no difference. Since Tammy fell in her employer’s parking lot on her way into work, she would be covered. Likewise, if Tammy was in a car accident on her employer’s property when she was arriving at or leaving work, she would be covered as well.

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. 

In light of the ever-growing presence of well drilling activity in the Marcellus Shale formation, Attorneys Joseph Price and Thomas Cummings of the DLP law firm recently received accreditation after attending a comprehensive continuing legal education course in Houston, Texas presented through the Oil, Gas and Energy Resources Law Section of the State Bar of Texas.
The substantive portions of the course materials included and overview of the applicable State and Federal regulations that cover jurisdiction over roads, traffic, noise, odors, leases, permits, pipeline easements and royalty payments. In addition, the program addressed the legal obligations of property owners (the “surface owner”) and well drilling operators in the event of a well drilling work accident, damage to the surface owners property, damage to adjacent owner’s property, or personal injury suffered as a result of a well drilling operation.
The course program, as offered by the University of Texas School of Law, provided instruction in problem areas that develop in the areas of oil, gas and mineral law. Course presenters included law professors, as well as private counsel and corporate attorneys who practice in the natural gas and oil drilling litigation field.

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.

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 [email protected]

Thomas P. Cummings, Esq.