Pennsylvania Workers' Compensation Lawyers Blog

If a worker is injured on the job, he or she may consider using a medical leave instead of filing a workers' compensation claim. But without knowing the difference between family medical leave and filing for workers' comp, the injured employee could do more damage to themselves in the long run financially.

The Family Medical Leave Act (FMLA) entitles an eligible employee up to a total of 12 weeks of unpaid leave during any 12-month period because of a serious health condition. An employee may elect, or the employer may require, the employee to substitute accrued paid vacation, personal leave, or sick leave during this period of time. When the employee returns to work, the employer must return the worker to his former position or an equivalent position, with equivalent employee benefits. Usually, when an employee takes FMLA leave, he or she does not get paid. The employee may elect to use vacation pay, sick pay, or paid time off if the employee has earned these benefits.

If an injured worker takes Family Medical Leave, but finds that he or she cannot return to work after the 12 weeks expire, generally the employer is not obligated to rehire the worker at a later date. In these types of cases, the employer is not required to hold the job open indefinitely.

Continue reading "Workers' Compensation and Medical Leave" »

The case of a Pennsylvania woman whose workers' compensation claim petition was reversed is an important reminder of how critical it is to report your work injury immediately to your employer.

A worker claimed that after cleaning 42 tanning beds in one day, she experienced numbness in her right arm and several fingers, and pain in her shoulder. She was awarded temporary total disability benefits after alleging that she suffered a disc herniation with radiculopathy. However, the Pennsylvania Workers' Compensation Appeal Board reversed the petition, finding that the claimant failed to provide timely notice of her work injury to her employer.

The injury took place on May 25, and the employee told her employer on May 31 that she had pain and numbness going down her arms. However, she did not specifically relate these problems to her work until she sent a letter to her employer on Oct. 11. Since this date was more than 120 days from the date of the work injury, the board concluded that the claimant failed to provide notice in a timely manner and she was denied compensation.

Continue reading "The Importance of Notifying Your Employer of Your Injury" »

We read an interesting article this week on Pittsburgh's Post-Gazette.com on the misclassification of employees.

According to the article, the state's Unemployment Compensation fund is being underfunded because about 9 percent of the state's workforce are misclassified as independent contractors. By categorizing a worker as an independent contractor, a company save money because it does not need to pay for benefits for the employee including workers' compensation and unemployment insurance.

But determining whether or not a worker fits the description of company employee can be tricky. In addition, many workers are just happy to have a job and may not want to cause a stir given the current recession and high unemployment rates. It might not become an issue for the worker until he or she is hurt on the job. To read the full article, click on this link.

Continue reading "Misclassification of Employees Continues to Be an Issue in Pennsylvania" »

Michael J. O'Connor & Associates has announced the appointment of the newest member of the law firm, Debra A. Matherne.

Matherne earned her Juris Doctor Degree from the prestigious Villanova University School of Law, Villanova, PA. Her undergraduate degree was obtained at Grove City College, Grove City in Psychology with an emphasis in English.

She is a member of the Pennsylvania Bar Association, the Dauphin County Bar Association, and the American Bar Association.

Matherne brings a heavy emphasis on workers' compensation cases to Michael J. O'Connor & Associates, which has 14 locations throughout the Commonwealth. With over 18 years of experience, she is one of the top attorneys practicing in Workers' Compensation in the state of Pennsylvania.

Earlier in her career, Matherne worked for Michael J. O'Connor & Associates for eight years.

"We're very happy to have Attorney Matherne back. She is truly an advocate for injured workers," said Michael J. O'Connor.

Matherne lives in Mechanicsburg with her husband and three children.

Continue reading "Michael J. O'Connor & Associates Welcomes Newest Member, Atty. Debra A. Matherne" »