Pennsylvania Workers' Compensation Lawyers Blog

As Hurricane Irene barrels up the east coast this weekend, we urge our clients and neighbors to stay safe and be prepared. Our local paper, The Republican Herald, reports that Gov. Tom Corbett has declared a state of emergency in PA, in anticipation of the wind, rain, and flooding that Irene is likely to leave in her path. The hurricane is expected to affect the eastern half of the state.

Pennsylvania could see as much as 7 inches of rain in the Philadelphia area that could cause the Schuylkill River and other bodies of water to flood, according to CNN.com. As a result, the National Weather Service in State College has issued a flash flood watch for Schuylkill, Lebanon, York, and Lancaster Counties from Saturday evening through Sunday morning.

We've listed a few websites below where you can find the most up-to-date information on the storm, as well as helpful tips to keep you safe as Irene passes through our area. From everyone here at Michael J. O'Connor & Associates, stay safe this weekend!

ReadyPA.org

WNEP.com/Weather

Republicanherald.com/Weather

Weather.gov

According to a report released by the National Academy of Social Insurance (NASI), there's been a decline in workers' compensation coverage and costs to employers that seems to be related to the nation's unemployment rate.

An article on EHSToday.com published some of the results of the report titled, "Workers' Compensation: Benefits, Coverage and Costs, 2009". Some interesting statistics include:

• The number of employees covered by workers' comp decreased 4.4 percent in 2009
• Employer costs for workers' comp benefits dropped by 7.6 percent, the largest decline in the last 30 years
• An estimated 124.9 million workers were covered by workers' comp in 2009
• Nationwide, workers' comp programs paid $58.3 billion in benefits in 2009, which was a .4 percent increase from the previous year
• Payments for medical care decreased by 1.1 percent for the first time in a decade. Case benefits increased by 1.9 percent
• 4,551 occupational injuries were fatal in 2009, which was a 12.7 percent decrease from the previous year

Continue reading "Workers' Comp Coverage and Costs to Employers Declines as Unemployment Rises" »

On Thursday, hundreds of guestworkers from around the world walked off the job at the Hershey Company-affiliated warehouse in North Londonderry Township, in protest of their working conditions.

According to The Lebanon Daily News, the students paid $3000-$6000 each to come to the United States this summer for the opportunity to immerse themselves in American culture by working in a job for three months. Instead, they found themselves packaging boxes of chocolate in what has been described as "deeply exploitative conditions."

Other reports on this situation say that the students have been charged exorbitant rates for housing and transportation, and that after work-related deductions, many barely make more than $100 a week. They claim their exploitation is a result of The Hershey Company's efforts to arrange for cheap labor instead of providing good paying jobs to local workers.

The students demand that the money they spent to be in the program be refunded and that the jobs are given to local PA workers, but at a living wage.

The students were joined by members of the Chocolate Workers Union, AFL-CIO, and Service Employees International Union. A number of PA labor leaders, who also joined the student protest to show their solidarity, were arrested outside the factory.

Our local paper, the Republican Herald, has reported that a local mining company has been fined more than $900,000 for an accident in 2006 that killed a miner.

The Department of Labor said the penalties were a result of "flagrant" safety violations. Joseph A. Main, assistant secretary of labor for mine safety and health is quoted in the article as saying, "Mine operators must be held accountable for their failure to keep miners safe."

This is the first time the department's Mine Safety and Health Administration (MSHA) cited a mining company for flagrant violations under the Mine Improvement and New Emergency Response Act of 2006.

MSHA's investigation discovered that when an unconfined shot was detonated at the face of the mine, methane gas exploded in an inadequately ventilated area. The mine has been sealed and permanently closed since the accident.

In 2007, MSHA fined the mining company $874,500 for failure to comply with approved ventilation and roof control plans, poor blasting practices, assigning unqualified personnel to blasting work, and conducting improper preshift examinations.

MSHA said six of the 10 violations that contributed to the accident were flagrant. The Mine Improvement and New Emergency Response Act defines flagrant as "a reckless or repeated failure to make reasonable efforts to eliminate a known violation of a mandatory safety and health standard that substantially and proximately caused, or reasonable could have been expected to cause, death or serious bodily injury."

Continue reading "Local Mining Company Fined Over $900,000 for Fatal Blast" »

An article this week in the Harford Business Journal online warned that summer is the peak season for workers' compensation claims at small businesses. According to Travelers Cos. Inc., those 30 and under are most prone to injury.

Most common are trips and falls with workers under 30 making up almost one-third of those with on-the-job injuries.

But there are some things you can do to avoid an on-the-job injury:

Pay Attention During Safety Training. It can be difficult to sit through at times, but do your best to stay alert and pay attention during safety training. You'll learn safe work practices, personal protective equipment if it's required for your job, and the procedures you should follow if an accident does occur.

Be Aware of Your Surroundings. Make sure there is nothing around you that you might trip over or that might cause you to fall.

When an Accident Occurs. There should be a process in place at your company if an accident does take place. Make sure you know the steps for letting your employer know that you were injured so that you can get the care you require.

Stay Hydrated If You're Working Outdoors. Keep plenty of water on hand if you work in the direct sun. Replenishing your body with water will keep you from becoming dehydrated.

Follow these tips to help keep your workplace safe this summer!

Pennsylvania firefighters who risk their lives to protect their communities now have another reason to be commended: their persistence has helped to expand the Workers' Compensation Act to include coverage to fellow firefighters who suffer from a cancer caused by exposure to certain known carcinogens

Gov. Tom Corbitt signed House Bill No. 797 into law, designating cancer caused by Group 1 carcinogens as an occupational disease for firefighters. In order to receive compensation, firefighters must: 1) have served four or more years in continuous firefighting duties, 2) establish direct exposure to a Group 1 carcinogen, and 3) have passed a physical exam prior to asserting a claim, or prior to engaging in firefighting, and the exam failed to reveal any evidence of cancer.

The legislation also allows a claim to be made within 600 weeks after the last date of employment to which a claimant was exposed to the hazards of the disease.

On Firehouse.com, Republican Representative Frank Farry of Bucks County, who introduced the bill, is quoted as saying, "There is no greater tragedy that we could have than a firefighter that develops cancer post retirement."

Farry believes it is important to give firefighters proper insurance coverage so health care and wages are covered.

Continue reading "Pennsylvania Firefighters Triumphant in Expansion of Workers' Comp Act" »

Attorneys from Michael J. O'Connor & Associates addressed an impressive crowd of attendees during the Workers' Compensation and Workplace Injury Section of the 2011 Annual Convention of the American Association of Justice (AAJ), held in New York City from July 9-13.

The AAJ WC & Workplace Injury Section CLE Program was held on July 10 at the Hilton New York. Section Chair was Attorney O'Connor, founder of Michael J. O'Connor & Associates. The title of the program was Acquiring and Protecting Clients, a theme that has been an important part of the O'Connor law firm in its 20 plus years of litigation. "Our firm focuses on workers' comp because we believe in our clients - the blue collar men and women who are working hard to support their families," said Atty. O'Connor.

Attorney Debra A. Matherne of Michael J. O'Connor & Associates spoke during this segment of the annual convention. Her discussion focused on Dealing with the Vocational Counselor. In addition to speaking at the convention, Attorney Matherne was elected secretary of the Workers' Compensation and Workplace Injury Section of the AAJ for 2012. When asked about her election to this position, Atty. Matherne said, "It's an honor to be named secretary to this section of the AAJ. It's an opportunity to help ensure that those who are injured on the job receive the medical treatment, benefits, and compensation they and their families deserve."

According to their website, the American Association for Justice, also known as the Association of Trial Lawyers of America (ATLA), has supported plaintiff trial lawyers for 65 years - as the collective voice of the trial bar on Capitol Hill and in courthouses across the nation and by providing exclusive services designed for trial lawyers. The convention offers member of the AAJ the opportunity to earn a year's worth of continuing legal education, to network with attorneys from across the nation, and to return to their practices reenergized and better able to represent their clients.

The law firm of Michael J. O'Connor & Associates includes fifteen offices located throughout Pennsylvania. The firm assists injured workers in obtaining workers' compensation benefits, as well as defending against insurance companies attempting to terminate, suspend, or modify lost wage benefits. For more information, visit our website at www.oconnorlaw.com or call us at 1-800-518-4LAW.

Continue reading "Attorneys from Michael J. O'Connor & Associates Address Attendees During the Workers' Compensation and Workplace Injury Section of the 2011 Annual Convention of the American Association of Justice (AAJ)" »