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How soon should you file a workers’ compensation claims?

Posted on Tuesday, April 20th, 2010 at 6:47 pm    

When employees suffer workplace injuries, they are often eligible to receive workers’ compensation benefits. However, they must report the injury and make a filing within certain time periods.

After the injury occurs, employees have 120 to let their employer know about the injury, and they have 3 years to file a claim petition for workers’ compensation benefits. Not meeting these requirements could jeopardize employees’ chances of receiving workers’ compensation benefits.

If you have questions about when to file a workers’ compensation claim, contact the Philadelphia workers’ compensation attorneys of Lowenthal & Abrams, P.C., at 215-238-1130.

Can employees sue their employers for workplace injuries?

Posted on Tuesday, April 20th, 2010 at 6:41 pm    

In most cases, employees cannot sue their employer or co-employees for injuries related to workplace accidents. They are often limited to filing a workers’ compensation claim, which will cover their medical costs and lost wages.

There are two common exceptions, in which employees may be able to file a lawsuit. One, if the injury was the result of a defective product, the injured employee may have a case against the product’s manufacturer. And two, if the injury occurred because a co-worker intentionally harmed another employee, the injured employee may have cause for filing a civil or criminal lawsuit.

If you or anyone you know has a workers’ compensation case, contact the Philadelphia workers’ compensation attorneys of Lowenthal & Abrams, P.C., at 215-238-1130.

Are all employees covered for workers’ compensation benefits?

Posted on Tuesday, April 20th, 2010 at 6:28 pm    

Under the Workers’ Compensation Act, almost all Pennsylvania workers are covered for workers’ compensation benefits. This means that they cover some or all of the costs of treatment related to workplace injuries.

This provision even applies to businesses with few employees in most cases. The only case in which an employee may not be covered is if the individual is self-employed.

If you have questions about a workers’ compensation case, contact the Philadelphia workers’ compensation attorneys of Lowenthal & Abrams, P.C. at 215-238-1130.

Three Ohio workers injured after crane collapses

Posted on Friday, April 16th, 2010 at 6:36 pm    

Officials say that three Ohio workers were injured after a 100-foot crane toppled over at a construction site.

The crane was being used to pour concrete at a former mall site when it fell onto its side. One man was trapped after the crane collapsed, but rescue crews were able to free him. He suffered a broken leg and was transported to the hospital. The other two workers were also taken to the hospital and treated with fractures.

If you or a loved one has suffered from a workplace injury, you may be able to receive compensation for your pain. Contact the Philadelphia workers compensation lawyers of Lowenthal & Abrams, P.C. by calling 215-238-1130.

Missouri’s worker’s compensation fraud numbers rise

Posted on Wednesday, April 14th, 2010 at 6:21 pm    

The number of fraud and noncompliance referrals to the state attorney general’s office for worker’s compensation violations from the Missouri Labor Department’s Division of Worker’s Compensation (DWC) has more than doubled this year as compared to 2009.

According to officials this increase is a result of two main factors. The first is that in a less stable economy, employers are more likely to cut worker’s coverage. Second, the DWC has increased their efforts to analyze and prosecute cases of worker’s compensation noncompliance.

If an employer employs five or more workers, they are required by Missouri law to provide worker’s compensation coverage. For an employer in construction, this number is lowered to one or more workers. Failure to comply with this law is a Class A misdemeanor and can be punished by a fine of up to $50,000.

Employers who do not adequately insure their workers or provide worker’s compensation coverage should be punished. If you find yourself or someone you know in this position, contact the Philadelphia worker’s compensation lawyers of Lowenthal & Abrams, P.C. by calling 215-238-1130 today.

Workers’ comp insurance broker sentenced to prison

Posted on Friday, April 9th, 2010 at 4:54 pm    

A California insurance broker pleaded guilty to charges of grand theft and insurance fraud for scamming over $4 million from multiple companies on April 6th. Other charges included insurance fraud, transacting as an insurance business without a certificate of authority, forgery, tax fraud, premium fraud, and grand theft by embezzlement. The broker issued false certificates of insurance to four different companies with over 80,000 employees combined.

This kind of insurance fraud is even more malicious than most, as it prevents legitimately hurt workers from claiming benefits that they deserve. According to Insurance Commissioner Steve Poizner, any defendant who collects millions of dollars to support their own lifestyle deserves to go to prison.

If you have been a victim of workers’ compensation insurance fraud or wish to find out more regarding workers’ compensation law, contact the Philadelphia workers compensation lawyers of Lowenthal & Abrams, P.C. by calling 215-238-1130.

NJ Transit employee rewarded damages in landmark case

Posted on Friday, April 9th, 2010 at 4:39 pm    

In what is considered a landmark case for the implementation of the Federal Rail Safety Act, designed to protect workers from company retaliation when they report injuries or safety violations, NJ Transit employee Tony Araujo was awarded over $500,000 in a lawsuit against his employer this Wednesday.

After witnessing the electrocution death of his coworker, Araujo was advised by doctors to take a break from work due to post-traumatic stress disorder. According to the Occupational Safety and Health Administration’s Whistleblower Office, Araujo’s boss did not believe this and suspended him without pay. Araujo was also the target of insults and accusations that he had been responsible for his coworker’s death.

Reports by federal investigators show that NJ Transit disregarded Federal Rail Safety Act regulations and ignored Araujo’s rights. According to spokeswoman Penny Bassett Hackett, NJ Transit intends to appeal this ruling.

Organizations should be held to account through litigation when they do not meet safety requirements or wrongfully treat their employees. If you or a loved one has been injured or wronged in the workplace, contact the Philadelphia workers compensation lawyers of Lowenthal & Abrams, P.C. by calling 215-238-1130.

OSHA finalizes rule on reporting workplace injury, illness

Posted on Wednesday, April 7th, 2010 at 9:29 pm    

The Occupational Health and Safety Administration has finalized the requirements for reporting injury and illness at work.

The new rule has changed standards of reporting work-related musculoskeletal disorders in the OSHA 300 log. This log is a record of work-related injury and illness that certain employers are required to have. They must now mark every MSD that have occurred at their place of employment. MSD’s are defined as disorders of the muscles, tendons, ligaments, joints, cartilage but not injuries that are caused by slips and falls.

If you or a loved one has suffered from a work-related injury, contact the Philadelphia workers’ compensation lawyers of Lowenthal & Abrams, P.C. by calling 215-238-1130 today.

Electrical accident on job site kills one, injured another

Posted on Friday, April 2nd, 2010 at 3:15 pm    

One man was killed and his co-worker was injured after being involved in an electrical accident while working on the roof of an apartment complex.

The two men were wrapping up the roof and siding of an apartment complex when the ladder they were standing one touched overhead wires and shock the co-workers. One man, age 52 was pronounced dead at the scene shortly after the accident occured. The other man, age 41, suffered electrial burns and was transported to the hospital where he is currently in critical condition. The accident is currently under investigation.

If you or a loved one has been in injured on the job, contact the Philadelphia workers’ compensation lawyers of Lowenthal & Abrams, P.C. by calling 610-667-7511.

Philadelphia cab drivers fight for workers compensation

Posted on Friday, March 26th, 2010 at 9:11 pm    

Cab drivers in Philadelphia are fighting to get workers compensation if injured while working.

A long time cab driver in Philadelphia was robbed and stabbed in the back while on the job and then suffered a severe stroke. He is now wheelchair-bound and cannot speak. Now his wife is fighting to get her husband and all cab drivers who are injured on the job workers compensation.

The issue that they face in this situation is whether cab drivers are independent contractors or not and who is controlling the work. Taxi driving is one of the most dangerous occupations with more the 100,000 fatalities per year.

If you or someone you love has been injured on the job, contact the Philadelphia workers compensation lawyers of Lowenthal & Abrams, P.C. by calling 215-238-1130.