O'Connor Law Podcast

Dei: Welcome to Pennsylvania law TV.  Today we will be talking about workers’ compensation law and some of the legal challenges that can arise when a person is injured while on the job. My guest is workers’ compensation attorney Debra Matherne and she’s going to talk with us about this topic, so Deb thanks for being here today.

Deb: Thank you for having me.

Dei: Deb what if an injury didn’t happen after a one time occurrence but from long term activities?

Deb: Under Pennsylvania law if you have an injury where it’s your regular work duties or some type of repetition work that you do over and over throughout your work day,  that can also be considered a work related injury. It doesn’t have to be an occurrence, an event, a slip and fall, it can also be just doing your regular duties - under the theory that each day you’re working you’re essentially injuring your body.

Dei: And if an individual’s injury is mental not physical, could they still be eligible for workers’ compensation?

Deb: Yes, generally it is more difficult to prove a mental injury. In certain circumstances you have to show that there were actually abnormal working conditions that were considered abnormal not just by you and your own subjective perception but objectively abnormal working conditions which can be difficult to show. But if you do have a case where you think you do have a mental injury this is something that can be evaluated by an attorney.

Dei: Now is there a difference in the claim if an injury was the workers fault, the employers fault, or a co-workers fault?  

Deb: Absolutely not. In most cases it’s a no fault workers’ compensation system so it does not matter if it’s your fault, or the employers fault. There are some exceptions but they are usually fairly extreme exceptions such as horse play or if you’re doing something where you’re violating a positive order from your employers - something you were told not to do. But generally it’s a no fault system.

Dei: And if an individual’s workers’ compensation claim is denied what should they do?

Deb: If their case is actually denied and they receive a denial notice from the workers comp insurance carrier, they should contact an attorney. At that point they will have to then file a claim petition to take their case before a workers’ compensation judge so that the case may be litigated and the judge can decide that case.

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Dei Lynam: Welcome to Pennsylvania Law TV. Today we will be talking about workers’ compensation law. Workers’ compensation is a concept that dates back to the days Hammurabi’s code in 1750 BC. Today every state in the U.S. has workers’ compensation laws to protect employees and employers, as well as their families. My guest is workers’ compensation attorney Debra Matherne and she is going to talk with us about this topic and some of the most common questions she gets from her clients. So Deb thanks for being here today.

Debra Matherne: Thank you for having me.

Dei Lynam: Deb, what is workers’ compensation?

Debra Matherne: Workers’ compensation is a benefits program under Pennsylvania state law under which an employee who is injured can receive medical or wage loss benefits. To receive benefits they have to be injured in the course and scope of their employment with that attorney and then have some type of disability.

Dei Lynam: And if someone is injured at work what are the first steps that you recommend they take.

Debra Matherne : Absolutely the first thing they should do is report that injury to their employer. They have up to 120 days under Pennsylvania law to report the injury and then they would have 3 years after that to file a claim petition for an injury.  But if it is not reported within that 120 days they can never have a claim for workers’ compensation. So as soon as possible, but certainly within 120 days.

Dei Lynam: And what types of benefits are available to injured workers?

Debra Matherne: There are several different types of benefits if you qualify. First there are medical benefits to pay for your medical bills related to that work related injury and there are wage loss benefits. Workers’ compensation pays a percentage of your wages but there are no taxes on those benefits generally, so they will receive both medical and wage loss benefits.

There are also additional benefits such as death benefits, if you were deceased, that could be for your spouse or your children. In addition  if you have a specific loss which is  actually under the workers’ compensation act, for instance if you lose a finger, lose an arm , or lose a specific body part, there are certain body parts for which you can receive a certain number of weeks of your wages as an amount.

Dei Lynam: How can a lawyer help in one of these claims?

Debra Matherne : First of all if a claim is denied or if there is not anything that they are doing to accept  your case quickly enough at the  beginning of the case we can always help by filing a claim petition helping the person contact the claims adjuster, and making sure all the necessary information is conveyed to the insurance  company at the beginning of the case. In addition we also offer advice on cases so it’s often easier to have a lawyer before you need to or have to go to court  to give you advice for the proper steps to take.

For more information about legal topics, you can find us on the web and in social media.

http://www.OConnorLaw.com.
https://www.facebook.com/mjoclaw
https://twitter.com/MJOConnorLaw
https://www.linkedin.com/in/michael-j-o-connor-07753412
https://plus.google.com/112353157886011361270/posts