Pennsylvania Workers' Compensation Lawyers Blog

Earlier this month, the Pennsylvania Department of Labor & Industry (L & I) announced that the statewide average weekly wage for injuries occurring on and after Jan. 1, 2010 would be $845 per week. The average weekly wage for 2009 was $836.

According to the L & I website, under the Workers' Compensation Act, injured workers are entitled to wage-loss benefits equal to two-thirds of their weekly wage for a work-related injury.

How much money you will receive while on workers' compensation depends on:

• Whether you are on total or partial disability
• How long you have been employed by your employer
• Whether you were working for more than one employer at the time of your injury
• How much you regularly earn from your employer

Continue reading "Pennsylvania Announces Statewide Average Weekly Wage for Injuries for 2010" »

MercuryNews.com of San Jose, CA recently reported that three executives and a foreman of a heating, ventilation, and air conditioning installation company in Hollister, CA are facing felony charges of forcing employees to return more than $170,000 in salary from public projects in Santa Clara County.

The charges against the men include taking and receiving the wages of a worker, falsely reporting wages paid on a public works payroll reporting form, violations of workers' compensation insurance premium fraud, and making a false or fraudulent statement to discourage a worker from claiming benefits or pursuing a workers' compensation claim.

Company executives would issue a paycheck to workers based on the hourly wage for public works projects, but then demand that the workers return about 75 percent of the paycheck. When a contractor is awarded a public works contract, the contractor must certify that they are paying employees the prevailing wage. The kickback scheme netted more than $170,000 for the company executives.

It is alleged that one of the executives committed workers' compensation premium fraud by misclassifying employee wages to their workers' compensation insurance carrier to reduce their premium. It is also alleged that two employees were dissuaded from reporting their work-related injuries to doctors. As a result, the workers were denied medical care and workers' compensation benefits.

A recent report from the National Council on Compensation Insurance (NCCI) shows that workers' comp costs for injured workers aged 65 and older are generally lower than younger employees because older employees are paid less.

Although workers aged 65 and older make up a small share of employment and injury and illness cases - below 5 percent - the number of workers 65 and older has increased by nearly 50 percent since the late 1980s. The report estimates that the number of older workers is likely to increase due to the state of the economy. Many older employees must postpone their retirements and continue to work in the face of depleted life savings and reduced home values.

The report highlighted the following findings:

• The greatest cause of injury among older workers are falls, slips, and trips


• There are less claims for older workers in the more hazardous manufacturing and construction-related industries and occupations


• Claims are higher for older workers in the leisure and hospitality industry and food preparation

The NCCI report found that the percentage of those aged 65 and older who were looking for work was 11 percent in 1990 and increased to 17 percent in 2008. In addition to many older workers not having the funds to be able to retire, many are healthier and able to continue to remain in the workforce longer.

As older workers age, they face challenges in the workplace such as a deterioration in eyesight, hearing, strength, flexibility, reaction time, and mental processes. Employers can reduce the risk of injury to older workers by enhancing lighting where necessary, installing slip-resistant flooring, providing handrails, and installing noise dampening materials where hearing may be an issue.

As old man winter makes his chilly home here in the northeast bringing snow and freezing temperatures, the Pennsylvania Department of Transportation (PennDOT) reminds motorists and especially tractor trailer drivers of a winter-related state law. In 2006 the Pennsylvania Snow/Ice Removal Law went into effect, which states that motorists will face severe fines if snow or ice that falls from their vehicle causes injury or death to other motorists or pedestrians. PennDOT urges motorists to remove all ice and snow from their vehicles before traveling. Taking a few minutes to clear your vehicle of snow and ice before hitting the road can save you money and could save someone's life.

It's important for tractor trailer drivers to clear the tops of their rigs not only to prevent any snow or ice from dislodging and striking other vehicles, but also to prevent delays when traveling through Pennsylvania tunnels. Sensors are in place on the approaches to tunnels to detect overheight trucks, including those with snow or ice build-up, and flash a warning to them. If a sensor is triggered, red signals are activated to prevent trucks that are too tall from getting stuck. The trucks must then turn around, which can take several minutes and can cause traffic backups.

In addition, snow-covered trucks that trigger the alarm but still continue through the tunnels can cause ice and snow to be pushed from the trucks onto other vehicles and the roadway causing hazardous driving conditions.

PennDOT offers a few tips for winter driving:

1. Motorists should always check the weather forecast before traveling. Road conditions for interstates and some limited-access highways is available by calling 511 while stopped in a safe location, or by visiting www.511pa.com.

2. Motorists who must travel should allow plenty of space when driving near plow trucks and, for safety reasons, never attempt to pass a truck while it is plowing or spreading winter materials.

3. PennDOT reminds motorists to pack an emergency kit for their vehicles. A basic kit should include non-perishable food, water, blanket, small shovel and warm clothes. When preparing an emergency kit, motorists should take into account special needs of passengers such as baby food, pet supplies, or medications and back accordingly.

Continue reading "Pennsylvania Motorists and Tractor Trailer Drivers Are Reminded of Snow/Ice Removal Law" »

A federal jury awarded more than $1.9 million in pay and $3.5 million in compensation for emotional stress to two scientists who said they were let go from their jobs at a Pennsylvania chemical producer because of their age.

The men were 2 of 29 employees, all over the age of 55, who were laid off during a workforce reduction. Their lawsuit claimed that, when selecting among workers in similar positions, the company chose the oldest employees for layoff.

The jury found that the company willfully discriminated against the men, which entitled them to double back pay damages under the Age Discrimination in Employment Act.

Continue reading "Two Pennsylvania Employees Receive Large Payoff for Age Discrimination Case" »

We recently read a story on the StClairRecord.com about an Illinois man who claims his former employer fired him after he filed for workers' compensation benefits. The man, who had worked at his place of employment for 10 years, filed an Illinois workers' compensation claim after being injured on the job in May. When his physician OK'd him to return to work in October, the man said the president of the company terminated him on the same day that he returned to work. The man filed a complaint against his employer, claiming, "That said involuntary charge arose out of and in retaliation of plaintiff's exercise of his rights under the Illinois Workers' Compensation Act."

Continue reading "Man Fired after Filing Workers' Comp Claim" »