O'Connor Law Podcast

Get the inside story on pending legislation that is likely to affect the workers' compensation system. Find out how "evidence-based drug formulary" is likely to impact doctors and their ability to prescribe medication. Latest updates on trends in pain managements in the medical community. And initial steps to take if you've been hurt on the job.

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Traumatic brain injury is any injury that causes an external mechanical force and creates brain dysfunction. There are various levels of traumatic brain injuries from very mild concussion like symptoms to very serious symptoms, life altering symptoms and even death. In more serious traumatic brain injuries you will see bruising, torn tissues, bleeding and other physical damage that can cause some significant long term complications.

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Generally speaking, motorcycle accident claims are different than car accident claims and are often more serious.

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Motorcycle crashes can very often be complex crashes with different factors involved, whether it be weather conditions, road construction design, or a multiple vehicle crash.

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If I am in a car accident, what insurance pays for what? There is car insurance, health insurance and the at-fault drivers auto insurance. Find out what pays for what.

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A lot of times your injuries will be called soft tissue injuries and these injuries sometimes take a while to produce symptoms. If you are experiencing symptoms, call your physician right away, let them know what happened, let them know you were in an automobile accident, talk to them about your symptoms and ask them what the best thing is to do. It might be at that point - a good time to go to the emergency room or to another health clinic where you can get treated immediately.

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If you're been injured in a car crash, the first thing to do, and the most obvious thing is to do an assessment of yourself, of your passengers and your vehicle. Certainly if you have sustained a significant injury you don’t want to be doing too much. If you can get to your phone you will want to call 911 to get medical emergency personnel on the scene as well as police officers and  fire department to make sure everyone is safe.

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When someone gets injured the company has the right and if it has the ability, it could offer light duty. Light duty can be anything as long as it fits within their restrictions. It can be offered and once you go back to that light duty your workers’ comp benefits may stop. But as long as you’re working light duty you’re still protected.  Keep in mind a lot of these companies either don’t have light duty or it’s just a temporary program. They don’t want you sitting in the office doing nothing forever.

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The Pennsylvania workers’ compensation system protects injured workers. So that means if you are employed, that employer is obligated by law to have insurance for workers’ compensation matters. Every insurance company who covers an employer then is obligated to pay your benefits. Now there is a distinction. There are some people who think they might be employed by a particular employer when in fact they are an independent contractor. This is a difficult question that needs to be analyzed by an attorney. So if you’re hurt and you’re not sure where you’re going to get your benefits from, you need to seek an attorney’s advice about this. The other thing is that some employers don’t have any insurance and they are violating the law. If you get hurt working for them that doesn’t mean you’re out of luck. There is a fund called the uninsured employers guarantee fund in Pennsylvania and that fund will pay your claim if your employer doesn’t have insurance. 

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Whenever a person is injured at work they should report it immediately for two reasons. One of which is there are time limits. If you don’t report it for 120 days you are out of court completely; you can never bring a claim. So certainly don’t keep it to yourself. The other thing we find is this, people who don’t report their injuries right away are often viewed as not credible. The claim sometimes then becomes denied. And that’s a problem. So the lesson is, as soon as you get hurt, immediately go to your supervisor.

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