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Contact a Lancaster Work Injury Lawyer Today

If you're looking for a workers compensation lawyer in Pennsylvania, you've arrived at the right place. At Vanasse Law LLC, we focus exclusively on representing the victims of workplace injuries and illnesses of all types. While many larger law firms focus on many areas of practice, workers' compensation is all we do. Our Lanacaster work injury lawyers have been very successful in obtaining benefits for injured workers in throughout Pennsylvania.

Our law firm will aggressively help you pursue all the benefits you need for your medical care, lost wages and any other type of workers' compensation benefits you are entitled to receive. Each year we recover millions of dollars in benefits for our clients.

Experienced and certified Lancaster workers compensation attorney Mike Vanasse has spent more than 28 years involved in workers' compensation law, and he can help any injured worker. Vanasse Law, LLC focuses on the following areas of workers' compensation in Lancaster:

Top Mistakes to Avoid When Filing a Workers' Comp Claim

After you suffer a work injury, you may be prepar i ng to file a workers' compensation claim. It's important to note, however, that there are a number of ways in which you might unintentionally undermine or otherwise damage your chances of being awarded such benefits.

Consider the following.

Delaying Medical Care

Delaying medical care - whether you delay the diagnostic evaluation, treatment, or rehabilitation - relating to your work injury could create serious setbacks for the success of your workers' compensation claim. Employers may deny your claim on the basis that you are exaggerating your injury. As a general rule, your failure to obtain medical care in a timely manner will be used to undermine the seriousness of your claim.

Waiting to Notify Your Employer

Waiting to notify your employer about the work injury is not only likely to undermine your workers' compensation claim (as the employer may argue that you are being dishonest about your injuries) but may also lead to procedural roadblocks. In Pennsylvania, if you fail to notify your employer within four months of the work injury (e.g. 120 days), then you will no longer have a right to workers' compensation benefits.

Using an Undesignated Healthcare Provider

Depending on the details of your workers' compensation plan, your employer may require that you obtain medical care for your work injury at a designated healthcare provider (at least in the early stages after your injury). If you seek the assistance of an undesignated healthcare provider, then you might be in violation of the terms of your workers' compensation plan. However, once ninety (90) days have passed since you began treatment for your injury, under the law you are then free to select the healthcare provider of your choice and are not limited to the list that the insurance company or employer designated.

Failing to Consult a Qualified Lancaster Workers Compensation Attorney

Once you've been injured, your employer - and the insurance carrier - will likely attempt to persuade you into accepting reduced benefits or admitting that your injury is not as serious as you are claiming it to be. Though you may be "ready" to take a defensive stance, it's quite easy for first-time claimants to make mistakes and accidentally make statements or enter into agreements that could have a negative impact on their ability to secure workers' compensation benefits. It's critical that you consult a qualified Lancaster workplace accident attorney who understands the landscape of such disputes and can coach you through the process.

Frequently Asked Questions (FAQs) for a Pennsylvania Workplace Injury Lawyer

Q: Who is eligible for workers' compensation in Pennsylvania?

A: In Pennsylvania, all employees are covered by workers' compensation, but are only eligible to receive workers' compensation benefits if they have suffered a work injury. Under Pennsylvania law, a "work injury" is any injury, illness, or other condition that occurs in the workplace or in the course and scope of one's employment. For example, if you are a pizza delivery driver, then you'd likely be entitled to workers' compensation benefits if you were injured in a car accident while delivering pizzas to customers.

Q: Are dependents able to recover workers' comp benefits after a fatal workplace accident?

A: Yes. In Pennsylvania, if an employee dies from a work injury, then a dependent family member may file a fatal claim petition to receive compensation. The dependents eligible to receive such death benefit payments may include the surviving spouse, children, parents, siblings, and even the estate of the deceased (in certain circumstances).

Q: How long do workers' comp benefits last?

A: Workers' compensation benefits in Pennsylvania last indefinitely, unless and until the injured employee reaches a lump sum buyout (or other settlement), dies, makes a recovery from their disabling injury/condition, or returns to work earning the same about or more than they earned previously. If those conditions are satisfied, then workers' compensation benefits will be terminated.

Q: How are my workers' comp benefits affected if I'm at fault for my injuries?

A: Pennsylvania workers' compensation benefits are awarded on a no fault basis. In other words, it is irrelevant who was at-fault for causing the injury under most circumstances. For example, if you are speeding while delivering pizzas, and you are injured in a subsequent car accident, then you would still be entitled to receive workers' compensation benefits (despite the fact that you are at least partially at-fault for the injuries).

Pennsylvania law does, however, prevent the receipt of workers' compensation benefits if the employee:

Intentionally caused their own injuries

Was intoxicated at the time of the accident

Was engaged in illegal activity at the time, which caused the injuries

Were attacked by a third-party

And more

Q: What happens to my workers' comp benefits if I quit my job?

A: Quitting your job can have an impact on your workers' compensation benefits in Pennsylvania, so it's important that you be careful to consult a qualified Lancaster workers compensation attorney before you proceed with quitting. Generally speaking, voluntarily quitting will prevent you from receiving further workers' compensation benefits, but if you can show that you quit your job due to your injuries (or for some other justified reason, such as a hostile work environment or discrimination due to your disability), then you can continue to receive benefits.

Call a Lancaster Workers Compensation Attorney To Learn More

We can help you make sure that you do not leave any potential benefits on the table. To obtain experienced, effective legal representation, contact us online or by calling 717-397-1010 to schedule a free consultation with an experienced Lancaster work injury lawyer at our office in Lancaster. We also offer after hours consultations.

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Lancaster Work Injury Lawyer | Workers Compensation Attorny

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If you're looking for a workers compensation lawyer in Pennsylvania, you've arrived at the right place. At Vanasse Law LLC, we focus exclusively on representing the victims of workplace injuries and illnesses of all types. While many larger law firms focus on many areas of practice, workers' compensation is all we do.

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A hard copy of this act is available for purchase from the Pennsylvania Book Store through their website.

In 1915, the Pennsylvania Legislature enacted the Pennsylvania Workmen's (Workers') Compensation Act (act). The statute charges the Department of Labor & Industry (department) and the Bureau of Workers' Compensation (bureau) with carrying out the administrative and appeal obligations defined in the act and specifies compensation for employees who are injured as a result of employment without regard to fault. Amendments eventually merged the compensation for injuries and occupational diseases into this act. The statute defines the benefits available to Pennsylvania workers, the conditions under which benefits are available and the procedures for obtaining them.

The workers' compensation system protects employees and employers. Employees receive medical treatment and are compensated for lost wages associated with work-related injuries and disease, and employers provide for the cost of such coverage while being protected from direct lawsuits by employees.

Workers' compensation coverage is mandatory for most employers under Pennsylvania law. Employers who do not have workers' compensation coverage may be subject to lawsuits by employees and to criminal prosecution by the commonwealth.

Some employers are exempted from workers' compensation coverage. Exemptions include: people covered under other workers' compensation acts, such as railroad workers, longshoremen and federal employees; domestic servants (coverage is optional); agricultural workers who work fewer than 30 days or earn less than $1,200 in a calendar year from one employer; and employees who have requested, and been granted, exemption due to religious beliefs or their executive status in certain corporations.

In Pennsylvania, employers can obtain workers' compensation insurance through a licensed insurance carrier or the State Workers' Insurance Fund. In addition, employers can apply to the bureau to seek approval to self-insure their liability. Self-insurance is granted by the bureau based on criteria established by the act and the department.

Employees are covered for the entire period of their employment. Therefore, coverage begins the first day on the job. Injuries or diseases caused or aggravated by employment are covered under workers' compensation, regardless of the employee's previous physical condition.

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Begin Main Content Area A hard copy of this act is available for purchase from the Pennsylvania Book Store through their website. In 1915, the Pennsylvania Legislature enacted the Pennsylvania Workmen's (Workers') Compensation Act (act).

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Steps to Take After a Workplace Accident

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Steps to Take After a Workplace Accident

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Looking for a Lancaster job accident lawyer who can help you recover maximum workers' compensation benefits? At Vanasse Law LLC, we exclusively represent those who have suffered a work-related injury and illness. Unlike many of our large-firm competitors, we do not handle other areas of practice. We live and breathe workers' compensation disputes. This gives us a significant competitive advantage when things get complicated, which they often do.

If you've been harmed in a work-related accident, then Pennsylvania law may give you a right to workers' compensation benefits that will cover your various losses including wage loss and medical expenses.

Many workers do not realize, however, that their own actions (in the wake of an accident) can have a significant impact on their ability to recover workers' compensation benefits. Those who are unfamiliar with the process of submitting a claim and receiving benefits are prone to make mistakes after an accident has taken place. These mistakes can delegitimize their overall claim and put them in a weak negotiating position moving forward.

So, what steps should you take after a workplace accident to ensure that your workers' compensation claim is preserved? Consider the following.

Secure Adequate Medical Care After a Workplace Accident in Pennsylvania

Securing adequate medical care should be your number one priority after an accident. Failure to do so may delegitimize your injury claims, as it could be argued that your actions exacerbated the injuries (i.e., your inability to secure medical care in a timely manner worsened the injury), or that you did not actually suffer a debilitating injury.

For example, if you wait several months before seeing a doctor about a supposed back injury that you suffered on-the-job, then your workers' compensation claim will be weakened by virtue of the fact that your injury must not have been impactful enough to justify earlier medical assistance.

Likewise it's also important that you follow through on your medical care. If a doctor recommends a specific course of treatment or diagnostic testing, and you ignore their recommendation then your claim for benefits will potentially be negatively affected.

Report the Injury to Your Employer

In Pennsylvania, you have only 120 days to notify your employer that you have suffered or have reason to believe you have suffered a work-related injury. If you do not satisfy this notification deadline, then your claim will be denied for failure to give timely notice.

It should be pointed out, however, that it's best not to wait until the deadline as your claim may seem disingenuous. In fact, we recommend that you seek the assistance of a Lancaster workplace accident attorney as soon as possible after suffering an injury to help you move forward with notification and claim submission.

Seek the Assistance of an Experienced Workers Comp Attorney

In the wake of a workplace accident, a skilled workers' compensation attorney is invaluable for guiding you through the process of submitting a workers' compensation benefits claim and related procedures. Your attorney will help you identify and gather evidence, draft an airtight claim for benefits, and negotiate or litigate a favorable resolution in the event of a dispute. The sooner you seek representation the greater likelihood of a successful claim.

Workers' compensation benefits cover many expenses, but they do not cover pain and suffering, mental anguish, and various other losses. Pennsylvania workers' compensation laws generally prohibit a lawsuit against your employer (except under limited circumstances). If there is a liable third-party defendant, however, then you may be entitled to sue for additional damages. Experienced Lancaster job accident attorneys evaluate these potential third-party defendants.

Call an Experienced Lancaster Job Accident Lawyer for Further Guidance

If you've been injured in a work-related accident, then you may be entitled to significant workers' compensation benefits. When submitting a claim for workers' compensation, it's important that you not leave any potential benefits "on the table," so to speak. We can help you secure the maximum available compensation.

At Vanasse Law LLC, we are a local law firm that exclusively handles workers' compensation and other work-related accident claims. Our attorneys have decades of experience representing clients in workers' compensation claims and have developed a keen understanding of what it takes to successfully resolve such disputes. Founding Attorney Mike Vanasse has personally litigated thousands of workers' compensation disputes, and is certified as a Workers' Compensation specialist by the Pennsylvania Bar Association.

Call 717-397-1010 or contact us online to schedule a free and confidential consultation with an experienced Lancaster workplace accident lawyer at Vanasse Law LLC. As our only office is in Lancaster, we are easily accessible to clients in Lancaster and surrounding counties (i.e., Berks, Chester, Dauphin, Lebanon, and York).

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Lancaster Job Accident Lawyer | What to Do After an Accident

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Looking for a Lancaster job accident lawyer who can help you recover maximum workers' compensation benefits? At Vanasse Law LLC, we exclusively represent those who have suffered a work-related injury and illness. Unlike many of our large-firm competitors, we do not handle other areas of practice. We live and breathe workers' compensation disputes.

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DO I LOSE MY WORKERS’ COMP IF I’M LAID OFF?

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DO I LOSE MY WORKERS’ COMP IF I’M LAID OFF?

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If you're on workers' comp, you're already feeling the stress of providing for your family, are likely in some amount of pain, and possibly having trouble merely making it to all of your medical appointments. On top of this, you may be concerned about your company, as thousands of businesses are cutting back or simply going under. What happens to your workers' comp if your business files for bankruptcy or simply shuts its doors?

If you have been injured on the job in Pennsylvania, and you fear for your company's long-term viability, let a Lancaster workers comp lawyer help you through this difficult time.

Workers' Comp After a Layoff

In some cases, your company may seek to cut costs by laying off employees. If you are not working because of a workplace injury, you are not immune from layoffs, but your benefits should not change. Even if you have returned to work on restrictions, your benefits should remain the same. If you continue to receive workers' comp benefits after you have returned to work, the workers' comp company must continue to pay reasonable and necessary medical expenses after a layoff.

Workers' Comp and Bankruptcy

Your workers' comp benefits will not necessarily end if your company files for bankruptcy. In many cases, companies enter into what is known as Chapter 11 bankruptcy, during which their debts are reorganized, but the company can remain operational.

Even if the company files for Chapter 7 bankruptcy, during which all assets are liquidated and the company effectively closes, your worker's comp benefits may not be affected. Workers' comp payments are generally paid by an insurance company, so as long as your employer stayed current on their payments, you will continue to receive benefits.

Workers' Comp if You're Fired

In Pennsylvania, it is unlawful for an employer to fire you in response to a workers' comp claim. However, an employer can fire you if you have a disability that will keep you out of work for an extended period or, having reached MMI, you will never be able to return to your current position, and they do not have another job for you. Even if you are fired for cause, such as repeated tardiness or other policy violations, it is still possible you will be able to collect workers' comp for your injury.

Contact a Lancaster Workers' Comp Lawyer at Vanasse Law LLC for More Information

The rules surrounding workers' comp in Pennsylvania can be complicated, especially when the company is making significant changes such as bankruptcy. A Lancaster workers comp lawyer at Vanasse Law LLC understands workers' comp law in Pennsylvania and can help you examine your options and file any workers' comp or legal claims on your behalf.

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Do I Lose My Workers' Comp If I'm Laid Off? - Lancaster Workers Compensation Attorney

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If you're on workers' comp, you're already feeling the stress of providing for your family, are likely in some amount of pain, and possibly having trouble merely making it to all of your medical appointments. On top of this, you may be concerned about your company, as thousands of businesses are cutting back or simply going under.

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Workers's Compensation in Pennsylvania: How is it Performing?

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Workers's Compensation in Pennsylvania: How is it Performing?

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How Is the System Performing? How Should It Be Reformed?

It has been nearly a century since the first U.S. workers' compensation laws were adopted by the states. The idea behind the laws was simple: to provide greater certainty and less risk to workers and employers in redressing the consequences of workplace injury or illness, by removing grievances from the civil justice system and dealing with them through a no-fault compensation scheme. Today, however, the simplicity of the original premise has been overshadowed by complicated administrative mechanisms, pervasive adversarial interests, and fundamental tensions between competing policy goals.

Recent reform efforts in Pennsylvania, including major legislation in 1993, 1996, and 2006, reflect nationwide concern about the state of mod- ern workers' compensation systems. In a study sponsored by the Commonwealth of Pennsylvania, RAND Corporation researchers examined the performance of the Pennsylvania workers' compensation system. The researchers focused on two criteria for evaluating performance: cost (how much the system costs to operate) and effectiveness (how well the system performs major functions, such as delivering medical care, restoring lost income, resolving disputes over claims, etc.). The researchers also explored some of the major policy issues that the workers' compensation system faces and offered suggestions to help Pennsylvania policymakers in addressing these issues. The study examined four primary aspects of the system - benefits and compensation, safety, medical care, and dispute resolution.

Benefits and Compensation

The researchers found that the Pennsylvania workers' compensation system does not appear to be a system in crisis, or one in which employer costs are spiraling rapidly out of control. Benefit payments adjusted for payroll growth were relatively flat during 2000-2004, and Pennsylvania compares favorably with other states on several measures of average costs per workers' compensation claim. There are comparatively sparse data to support interstate comparisons regarding the adequacy of indemnity benefits or how quickly injured workers return to work.

A striking development in Pennsylvania policy during the last 15 years was a new statutory framework for "compromise and release" agreements, which allow claimants and insurers to negotiate final, lump-sum settlements in discharge of workers' compensation liability. As yet, there are little data available with which to assess the effect of these settlements on adequacy of wage-replacement benefits, long-term vocational outcomes, or medical care for injured workers.

Suggested action for Pennsylvania policymakers:

Consider the adequacy of wage replacement, as well as systemic payment levels, in assessing the overall performance of the system.

Safety

Promoting safety and preventing workplace injuries have become major priorities for Pennsylvania policymakers, and rates of workplace injuries fell substantially between 1996 and 2005. Data to support rigorous interstate comparisons of injury rates are limited, however, and several exploratory analyses undertaken by RAND on data from the Occupational Safety and Health Administration suggest that the commonwealth may not compare favorably with peer states on some measures of safety outcomes (see the table). Specific Pennsylvania policies intended to address workplace safety, particularly insurance incentives given to employers to adopt certified safety committees, have so far generated only limited performance data concerning their effectiveness. In consequence, one important avenue for improving workplace safety in Pennsylvania may simply involve improving data collection and assessment, particularly in connection with new safety programs and initiatives on a prospective basis.

Suggested actions for Pennsylvania policymakers:

Request that the Bureau of Labor Statistics increase its Pennsylvania sample size for the annual Survey of Occupational Injuries and Illnesses, so that directly comparable state-level injury rates will become available.

Seek better performance data to gauge the impact of certified safety committees on workplace injuries, as an antecedent to efforts to expand the reach and influence of safety committees in the employer community.

Consider new ways to make the financial benefits of improved safety performance to employers more transparent and more salient throughout the employer community.

Medical Care

Pennsylvania's workers' compensation medical costs are relatively low, on several measures, compared with those of other states. However, medical care is likely to be a crucial aspect of workers' compensation policy in the future, because related costs continue to climb in Pennsylvania and across the nation. Data are currently far more abundant to support interstate comparisons of medical costs, as opposed to comparisons on other dimensions of medical performance, such as quality of care and access to care.

Future policy changes to further strengthen medical cost controls could build on any of a number of mechanisms already enacted in Pennsylvania, such as provider panel requirements, utilization review oversight, or the current medical fee schedule (derived from Medicare circa 1994, with subsequent annual adjustments based on state wage rates).

Suggested actions for Pennsylvania policymakers:

Balance considerations of cost containment against competing interests in maintaining workers' access to care, quality of care, and good outcomes for injured workers.

Improve the tracking of access, quality, and outcomes in care.

Undertake prospective assessment of the impact of any future policy changes in workers' compensation medical care standards, e.g., regarding provider panel requirements or utilization review mechanisms.

Dispute Resolution

Dispute resolution within the workers' compensation system has been the target of several major reforms in the last decade, including the introduction of compromise and release agreements in 1996 and the enactment of mandatory mediation requirements in 2006.

Recent years of performance data suggest that the Pennsylvania Department of Labor and Industry's Office of Adjudication has become faster in resolving workers' compensation cases and has reduced the backlog of cases within the system. However, the performance data that are currently available mostly focus on litigation speed and cost rather than on quality of outcomes or on the experience of litigants as participants in the justice system.

Suggested actions for Pennsylvania policymakers:

Collect more information about the impact of compromise and release agreements and formally evaluate any proposed additional reforms to the legal requirements for entering these agreements.

Track mediation processes and outcomes going forward, thereby providing help to policymakers when they review any future proposals to refine or expand the current mediation requirements.

Conclusion

A consistent theme from the study is the desirability of collecting broader and more robust performance data concerning the various aspects of the Pennsylvania system. Such data could help policymakers and stakeholders to understand better how the system is actually doing at fulfilling its goals of replacing lost wages, providing high-quality medical care, and resolving disputes over claims. Ultimately, better data and more prospective assessment could help policymakers to fine-tune the Pennsylvania system and to evaluate the success of specific programs and legislative mandates over time.

This research brief describes work done for the RAND Center for Health and Safety in the Workplace and documented in Issues and Performance in the Pennsylvania Workers' Compensation System, by Michael D. Greenberg and Amelia Haviland, OP-216-PA, 2008, 80 pp., ISBN: 978-0-8330-4408-2 ( Full Document).

This product is part of the RAND Corporation research brief series. RAND research briefs present policy-oriented summaries of individual published, peer-reviewed documents or of a body of published work.

Copyright © 2008 RAND Corporation

The RAND Corporation is a nonprofit research organization providing objective analysis and effective solutions that address the challenges facing the public and private sectors around the world. RAND's publications do not necessarily reflect the opinions of its research clients and sponsors.

RB-9333-PA (2008)

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Workers' Compensation in Pennsylvania: How Is the System Performing? How Should It Be Reformed?

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How Is the System Performing? How Should It Be Reformed? It has been nearly a century since the first U.S. workers' compensation laws were adopted by the states. The idea behind the laws was simple: to provide greater certainty and less risk to workers and employers in redressing the consequences of workplace injury or illness, by removing grievances from the civil justice system and dealing with them through a no-fault compensation scheme.

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Vanasse Law, LLC
30 East Roseville Road, Suite C
Lancaster, PA 17601
Phone: 717-397-1010
https://vanasselaw.com

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When you are hurt on the job or develop an illness due to conditions at your workplace, there is no doubt what a stressful time this is. You will no doubt have questions about where to go from here.

At Vanasse Law LLC, we can help you through the process of securing the workers' compensation benefits you are entitled to. Based in Pennsylvania, Lancaster workman's compensation lawyer Mike Vanasse has spent more than 25 years in the workers' compensation field, helping injured workers secure benefits and guiding them through the process.

A Lancaster Workman's Compensation Lawyer is Here To Answer All Of Your Questions

As our client, you can come to us at any point if you have questions about your injuries and potential benefits. Some frequently asked questions that we hear include:

How are my benefits calculated?

The insurance company calculates an injured worker's benefits based upon the average weekly wage. However, benefits are often miscalculated, especially in cases of fluctuating income like overtime. Even if you are receiving benefits, it is important to have an experienced workers' compensation attorney review your case to make sure you are getting the proper benefits.

How long can I receive benefits?

Injured workers are entitled to wage loss benefits as long as they have a loss of earnings related to the work injury. If an injured worker is receiving partial disability benefits (meaning that he or she has some earning capacity) those benefits are payable for up to a maximum of 500 weeks. However, if you are receiving benefits, the insurance company will often take steps to try and terminate, suspend or modify your benefits. So, even if you are receiving benefits it is important to have an experienced workers' compensation attorney by your side.

The company has filed to terminate, suspend or modify my benefits, what should I do?

Insurance companies frequently obtain evidence which they will use to file a Petition to terminate, suspend and/or modify an injured worker's benefits. The Petition will be assigned to a Workers' Compensation Judge and litigation usually will follow. It is extremely important to have experienced workers' compensation representation throughout this process. If you receive a Petition to terminate, suspend and/or modify your benefits, you should immediately contact an experienced workers' compensation attorney.

The insurance company has sent me documents to sign, what should I do?

When you are seeking workers' compensation benefits, or are already receiving them, the insurance company will frequently send you different types of documents. These may include documents called Supplemental Agreements, Notice of Ability to Return to Work, Report of Earnings or Income. Some of these documents may require your signature. Many of these documents are time-sensitive and must be responded to accurately and in an extremely prompt fashion. It is very important that you see an experienced workers' compensation attorney as soon as possible if you receive any type of documentation from an insurance company. You should not sign any type of document without speaking to an attorney first.

The insurance company has stopped paying my wage loss benefits, what should I do?

The insurance company cannot stop payment of wage loss benefits without an order from a Judge, a signed agreement by you or a return to work to pre-injury wages. If your checks have stopped and you do not understand the reason, then you need to speak to an experienced workers' compensation attorney as soon as possible.

The insurance company wants me to meet with a vocational counselor, what should I do?

Frequently, when an injured worker is receiving wage loss benefits, the insurance company will require that the injured worker submit to an interview with a vocational expert. The vocational experts are hired by the insurance companies to try and prove that the injured worker has some earning capacity. The vocational expert will frequently want to conduct the interview in your home. You should not participate in this process without the benefit of an experienced workers' compensation attorney on your side.

How can I afford to pay my attorney?

At Vanasse Law LLC, we do not charge a consultation fee, nor do we charge on an hourly basis. In fact, we only get paid a percentage of wage loss benefits if we obtain benefits for you, preserve your benefits or settle your case.

Contact us as soon as possible to learn more information at a free initial consultation. Send us an e-mail or call us at 717-397-1010 and talk with a lawyer about your injuries.

Addressing More Complex Pennsylvania Workers' Compensation Questions

You can count on our lawyer and the rest of our team to take the time to address all of your questions and concerns, giving you crucial peace of mind. No matter what stage of the workers' compensation process you are in, you can count on us to provide you with effective representation that protects your rights. You deserve no less.

Call Today For A Free Consultation with an Experienced Lancaster Workman's Compensation Lawyer

To schedule your free consultation with a workplace accident attorney at Vanasse Law LLC at our Lancaster office, please call 717-397-1010. You can also reach us via email.

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Workman's Compensation FAQ - Lancaster Workers' Comp Lawyer

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When you are hurt on the job or develop an illness due to conditions at your workplace, there is no doubt what a stressful time this is. You will no doubt have questions about where to go from here. At Vanasse Law LLC, we can help you through the process of securing the workers' compensation benefits you are entitled to.

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FILING A LAWSUIT INSTEAD OF A WORKERS’ COMP CLAIM

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FILING A LAWSUIT INSTEAD OF A WORKERS’ COMP CLAIM

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Every state provides for "workers' compensation," otherwise known as "worker's comp" or, perhaps most accurately, "workers' comp insurance" for workers who are injured on the job.

How Workers' Comp Works

Workers' comp insurance is designed to work like this: workers who suffer work-related injuries or illnesses receive workers' comp benefits for things like medical expenses and lost wages.

The good news for workers is that they are not required to show that their employer was at fault for their injuries; if they are hurt at work, they receive the benefits. The bad news for workers is that these workers' comp benefits are their only remedy; in other words, they are not allowed to sue their employer for the injuries, even if the employer was indeed at fault.

In some cases, this means they cannot collect money for damages like " punitive damages ," which could potentially add up to millions of dollars. In this way, workers' comp insurance protects employers as well as employees. Nonetheless, this seemingly simple arrangement can be more complicated than it appears to be.

If you have been injured on the job in Pennsylvania, let Lancaster hurt on the job lawyers help you with this important decision process.

When You Can Sue Your Employer

There are some limited circumstances under which you are allowed to bring a lawsuit against your employer for job-related injuries:

Intentional Employer Acts. You may be able to sue your employer for harm caused by their intentional acts if they have acted with the specific intent of harming you. For example, if your supervisor walks up behind you and pushes you down the stairs, this would likely be considered an intentional act meant to harm you. However, remember that showing mere negligence is not sufficient. The act must be deliberate.

Your Employer Has No or Insufficient Workers' Comp Insurance. Employers in almost all states are required to carry adequate workers' comp insurance. If they do not, you may be able to file a lawsuit against your employer to recover damages for your work-related injury or disease, even based on mere negligence.

Lawsuits Against Third Parties. In some cases, you may also be able to sue a third party other than your employer who is partially responsible for your injury. For example, suppose you suffer an injury at work caused by using a defective product. In that case, you might be able to sue the manufacturer of that product in addition to filing a workers' compensation claim. This may entitle you to more significant recovery amounts, including punitive damages.

Contact the Lancaster Hurt on the Job Lawyers at Vanasse Law LLC If You Have Been Hurt at Work

If you have been hurt at work, the Lancaster hurt on the job lawyers at Vanasse Law LLC will help you understand the current state of Pennsylvania law regarding workers' comp, help you understand your options, and file any workers' comp or legal claims on your behalf.

Contact us online for a same-day response.

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Filing a Lawsuit Instead of a Workers' Comp Claim - Lancaster Workers Compensation Attorney

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Every state provides for "workers' compensation," otherwise known as "worker's comp" or, perhaps most accurately, "workers' comp insurance" for workers who are injured on the job. Workers' comp insurance is designed to work like this: workers who suffer work-related injuries or illnesses receive workers' comp benefits for things like medical expenses and lost wages.

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It is not uncommon for workers feel overwhelmed after suffering a debilitating injury or illness in a work-related incident, and rightfully so, as they are typically prioritizing a physical/mental recovery. They may not be fully aware of their workers' compensation entitlement, and what is required (procedurally speaking) to secure the benefits that they are owed under Pennsylvania law. The easiest way to navigate the claim process is to hire Lancaster hurt at work lawyers.

What Documentation Do You Need to Apply for Worker's Compensation?

Before you submit a workers' compensation claim, you'll want to consult a qualified attorney who can provide truly comprehensive assistance. Your workers' compensation attorney will handle a variety of responsibilities, from compiling documentary evidence of your injury, to connecting with experts who can provide supportive testimony and analyses, to submitting the application in accordance with the procedural requirements.

Depending on the circumstances, a skilled attorney will look for supportive documentation that includes, but is not necessarily limited, to:

Medical records (bills, diagnostic information, treatment analysis, and more)

Pay stubs and/or work scheduling data

Testimony/analysis by a career expert

Testimony/analysis by an accident reconstruction expert

And more

For example, if you are attempting to argue that you are entitled to workers' compensation benefits that cover three months of wage loss, then you'll have to procure documentation (i.e., pay stubs or scheduling data) that proves you actually did not work during the asserted period of time.

Filing a Workers' Compensation Claim in Pennsylvania

Filing a workers' compensation claim may seem straightforward, but there are a number of procedural issues to keep in mind. First, you have only 120 days from the date of injury to notify your employer about the injury (and to let them know about your intentions to file a workers' compensation claim).

It is generally better to notify your employer sooner, rather than later - if you notify your employer within 21 days of the injury, then you will begin to receive benefits from the injury date, whereas after those 21 days, you will begin to receive benefits from the reporting date.

Further, you should secure adequate medical attention (diagnostics, treatment, etc.) within a reasonable timeframe so that your employer does not argue that you exacerbated your own injuries by failing to seek proper medical attention. In Pennsylvania, in the first 90 days after your injury, an "approved" physician may be necessary. After the 90 day period has elapsed, however, you may select your own preferred physician.

After the short 120 day notification period has passed, you have a bit more breathing room. In Pennsylvania, claimants have up to three years from the date of injury to file their workers' compensation claim with the state.

Negotiating Your Settlement

Your employer's insurance carrier may want to settle your workers' compensation claim and offer you a lump-sum settlement. This settlement can include past, present and future wage loss benefits along with costs of your medical treatment. However, once you accept this settlement, it is final and you will not be able to pursue additional compensation in the future.

However, the employer and its insurance company are not motivated to give you the best number. They are looking out for their bottom line.

You need a lump-sum settlement that fairly compensates you for your injury, illness or disability. Our Lancaster hurt at work lawyers can help you understand your benefits, evaluate your situation and negotiate for the maximum settlement amount. If the settlement isn't adequate, you will need to proceed through the full legal process for workers' compensation claims.

Speak to Lancaster Hurt at Work Lawyers at the Vanasse Law Firm for a Free Initial Consultation

Attorney Mike Vanasse has spent over 25 years focused on providing comprehensive, compassionate legal representation to those who have been injured in work-related accidents and are seeking workers' compensation benefits to cover their losses. His tireless commitment to injured workers has given him a deep understanding of what is necessary to successfully obtain benefits (and in the event of a denial, what it takes to challenge the adverse determination).

Curious about whether you have an eligible workers' compensation claim? Get in touch to learn more. Call Vanasse Law, LLC today at 717-397-1010 or contact us online to schedule a free and confidential consultation with an experienced Lancaster workman's compensation lawyer.

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Lancaster Hurt at Work Lawyers | Applying for Workers Compensation

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It is not uncommon for workers feel overwhelmed after suffering a debilitating injury or illness in a work-related incident, and rightfully so, as they are typically prioritizing a physical/mental recovery. They may not be fully aware of their workers' compensation entitlement, and what is required (procedurally speaking) to secure the benefits that they are owed under Pennsylvania law.

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Would COVID-19 Be Compensable Under Pa. Workers’ Comp Act?

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Would COVID-19 Be Compensable Under Pa. Workers’ Comp Act?

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Would COVID-19 Be Compensable Under Pa. Workers' Comp Act? | The Legal Intelligencer

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If Pennsylvania employees become infected, become exposed without being infected or develop psychological consequences from either situation, Pennsylvania employers could face wage-loss claims, medical claims, testing claims or claims for psychiatric services or disability under the Pennsylvania Workers' Compensation Act.

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What Are the 10 Most Frequently Violated OSHA Standards?

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What Are the 10 Most Frequently Violated OSHA Standards?

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As an employee, you've likely heard of OSHA, but not been entirely sure what it is or what it means to you. OSHA is the acronym for the Occupational Safety and Health Act of 1970, which was written with the specific purpose of keeping workers safe. It's also the acronym for the agency that enforces OSHA standards. The act spells out specific requirements and standards that employers need to follow in terms of the working conditions they provide to their employees, and the goal is to avoid injury, illness and death. OSHA does more than set out rules - it also enforces them in a number of ways, including providing information, training and assistance to employees as well as to those who hire them.

Unfortunately, despite the existence of OSHA standards, workplace accidents, injuries and deaths continue to happen all too frequently, with more than 5,000 workers killed on the job in 2016 alone. Though not every fatality is a result of violating OSHA standards, many of them are. In the year 2017, the 10 most frequently violated OSHA standards were:

Failures in providing fall protection on construction sites

Failures in providing needed or adequate scaffolding on construction sites

Failing to provide appropriate respiratory protection

Failing to control hazardous energy

Failing to provide proper protection when working with ladders on construction sites

Failing to provide safe environments around the operation of industrial trucks

Failing to secure employee safety involving machinery

Failing to protect against falls and providing appropriate training around fall protection

Failing to provide safety precautions around electric, wiring methods, components and equipment

If it seems like construction sites appear on this list frequently, that's because it does - in fact, more than 20 percent of worker fatalities took place on construction sites. A close analysis of the top causes of construction site accidents reveals that if employers were to eliminate the four most common causes of construction site deaths - falls, being struck by an object, electrocution and getting caught in between - more than 600 lives could be saved each year.

When an employer fails to follow OSHA standards, they are subjected to fines and penalties imposed by the government, and when those failures lead to a worker being injured or killed, they are able to file a workers' compensation claim and may also be able to pursue other legal action. For more information, contact Vanasse Law to set up an appointment to discuss your case.

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What Are The 10 Most Frequently Violated OSHA Standards?

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As an employee, you've likely heard of OSHA, but not been entirely sure what it is or what it means to you. OSHA is the acronym for the Occupational Safety and Health Act of 1970, which was written with the specific purpose of keeping workers safe.

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Pa. bill would ensure workers' compensation for all volunteer FFs, EMS providers

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Pa. bill would ensure workers' compensation for all volunteer FFs, EMS providers

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Stephanie Panny
The Citizens' Voice, Wilkes-Barre, Pa.

HARRISBURG, Pa. - Brian Oppelt Jr., the fire chief at Plymouth's Elm Hill Hose Company #3, knew he would be covered by workers' compensation if injured while on a call. He didn't realize those who did not go out on response calls, but still worked as active members of the company would not be if they got injured performing essential duties.

Senate Bill 94 would change that.

"Basically, it was something that I think most volunteers assumed that this was already in play," Oppelt said. "We are essentially on-duty and doing service to the borough that we don't get paid for, but when that call goes out every volunteer becomes a borough employee."

The bill was introduced by state Sen. Scott Martin, R-13, Lancaster, and co-sponsored by state Sens. Lisa Baker, R-20, Lehman Twp., Kristen Phillips-Hill, R-28, York County, John Yudichak, I-14, Swoyersville, and 15 other lawmakers.

Baker said the bill, introduced in 2019 and passed by the Senate on Feb. 3, is designed to expand workers' compensation to ensure that all active duty volunteers for fire and EMS/rescue companies are covered by workers' compensation in case they are injured while performing their duties.

Baker said the bill was sparked when a volunteer was injured at a fundraising event for the fire company. The volunteer was worried they weren't covered by workers' compensation because it didn't happen while responding to a call. Previously, those covered were firefighters and EMS/rescue workers who put themselves at risk in the line of duty.

"So many of our volunteer fire and EMS, the scope of their duties extends beyond the response time," Baker said. "They have to focus so much on those administrative and fundraising duties to keep the doors of the fire station open. This is important because it will include everyone."

Frank Zangari, Girardville fire chief and president of Schuylkill County Fire Chiefs, said the administrative volunteers weren't originally included as part of the original workers' compensation bill, as it only focused on those who go into the burning buildings or go on the rescue calls. Zangari said these administrative volunteers put in an "enormous" amount of time to keep the doors open and to keep volunteers coming into the station.

"We're not taking care of active volunteers, period," Zangari said. "We're only taking care of those responding to emergency calls."

Currently, the compensation fund is funded by the municipalities, which pay premiums on insurance for these volunteers. If the bill were to be passed in the House, Zangari said the investigations into compensation claims could get stricter, and only active - not social - members would be included.

Baker said the bill, which is now moving through the House, is part of an overall approach the General Assembly has taken on to "stem the tide" of volunteers and help with recruitment and retention.

To do this, the General Assembly approved the formation of a committee dedicated to researching the decline of volunteers and providing a list of recommendations for legislation that would help prevent it.

The Senate Resolution 6 Committee had 40 members representing both volunteer and career firefighting companies and EMS/Rescue companies across Pennsylvania, including the state's Fire Commissioner Bruce Trego. All of these members put together a 104-page document with a list of 27 recommendations supported by various reports geared toward the drafting of the bill.

According to the report, the numbers of volunteer firefighters and EMS/rescue workers have been dwindling. Starting at 300,000 in the 1970s, that number has decreased to just 38,000 across the state in 2018, and around 2,215 companies out of the 2,462 companies in Pennsylvania have become volunteer or mixed companies.

As of 2001, the value of service these companies offer was marked at $6 billion. However, in today's dollars, that number could be close to $10 billion.

To cover the cost of more people, Zangari said there also might be an increase on what municipalities would have to pay.

"Personally, I think that's a small price to pay," Oppelt said. "It's peanuts."

Baker said when the Senate approved SB 94, it also approved another two bills that addressed some of the other recommendations in the report. One bill, she said, dealt with expanding volunteer fire loan assistance programs that would increase loan amounts and extend the use of fire relief funding, and another bill that would extend the life of the fire and EMS grant program, which includes retention and recruitment programs, another four years.

"We have so many volunteers," Baker said. "Whether they're responding to a call or working at the annual bazaar it was my belief that they're still performing essential duties as part of those functions. I believe that we should be extending that important coverage because they're protecting our lives."

Zangari said it's good to see that so many legislators voted to pass the bill in the Senate.

"It's nice to know that there are still people who care about the volunteer fire department and know what an asset it is to these small towns and cities across the United States," Oppelt said.

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©2020 The Citizens' Voice (Wilkes-Barre, Pa.)

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Pa. bill would ensure workers' compensation for all volunteer FFs, EMS providers

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Stephanie Panny The Citizens' Voice, Wilkes-Barre, Pa. HARRISBURG, Pa. - Brian Oppelt Jr., the fire chief at Plymouth's Elm Hill Hose Company #3, knew he would be covered by workers' compensation if injured while on a call.

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How Do I Calculate My Worker's Comp Benefits?

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How Do I Calculate My Worker's Comp Benefits?

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You've been hurt at work, and it's bad enough that you're going to have to miss a good amount of work. What are you going to do now? You and your family rely on your weekly paycheck to pay the bills as well as the extras. Now you have medical bills to pay, as well as a loss of income. The good news is that you have a safety net: workers' comp.

Most people don't pay attention to the existence of workers' comp until the time comes when they need it. Workers' comp is a no-fault insurance policy that your employer provides for you. It specifically compensates you for your medical expenses, including rehabilitation and recuperation, as well as providing a portion of your income to help you pay your other bills when you have to miss work during your period of recovery.

Calculating your workers' comp benefits is not difficult. Pennsylvania's lawmakers have established a formula that is based on your gross average weekly wage from all of your employers. That means that the calculation includes your salary, hourly wages, bonuses and tips, and even what you have been paid for overtime, vacation or lodging for business-related trips. The amount of time that you have worked for your employer can come into play also, particularly if you are paid a set amount each pay period.

Once you have calculated your gross average weekly wage, it gets compared to the Department of Labor and Industry's threshold for the statewide average weekly wage and paid on a sliding scale, with those who are paid the least getting the highest percentage of their average pay. For 2018, the maximum weekly compensation rate that you can be paid has been set at $1,025.00, and compensation is based on two-thirds of your weekly wage. If your average weekly rate falls between $1,537.50 and $768.76, you will be paid 66 2/3% of that amount each week ($1025 = 66 2/3% of $1,537.50). If your average weekly wage falls between $768.75 and $569.44, you will receive $512.50 per week, and if your average weekly wage is $569.43 or less, you will be paid 90% of whatever your weekly wage is.

This is the most basic calculation of what your workers' comp benefits will be, but it is important to note that there are often other factors that can come into play. For assistance in making sure that you are getting the compensation that you deserve, contact our office today to set up a free consultation to discuss your case.

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How Do I Calculate My Worker's Comp Benefits?

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You've been hurt at work, and it's bad enough that you're going to have to miss a good amount of work. What are you going to do now? You and your family rely on your weekly paycheck to pay the bills as well as the extras.

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If you contract coronavirus at work or from a business, who's liable?

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If you contract coronavirus at work or from a business, who's liable?

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As essential businesses continue to operate, with many more across Pennsylvania eyeing a potential return in the coming weeks, the health and safety of workers and consumers are constantly under the microscope.

But what happens if, in spite of everybody's best efforts, a person happens to contract COVID-19 while on the job, or in a store?

Who is responsible in the eyes of the law?

That likely depends entirely on the circumstances, said Mahlon J. Boyer, attorney for Bingaman Hess, a Berks County-based firm with offices in Spring Township and Kutztown.

The bottom line is that it could be hard to prove in court exactly how and where a person came into contact with coronavirus - plus, workers in Pennsylvania typically cannot sue employers over a workplace injury anyway.

However, if a business isn't doing everything within its power to follow state-mandated health guidelines during the pandemic, it most definitely can still land in hot water legally.

What if I get sick at work?

Whether a person contracts the virus at work due to bad luck, or it is suspected an employer is partly to blame, the legal resolution could be the same.

"It may involve a workers' compensation claim," said Boyer.

The Pennsylvania Workers' Compensation act provides protections for both employees and employers. In the event of injury or illness, employees are compensated for lost wages and medical care, and in turn, employers are protected from litigation.

That means even if the business in question wasn't properly cleaning and sanitizing the facility or enforcing social distancing, workers' comp is probably the only recourse.

"It's a complicated situation, but generally an employee that gets injured on the job is able to make a claim, not sue," said Boyer.

Which is not to say there's nothing a worker can do if their employer refuses to abide by COVID-19 safety protocols.

The best bet though is to do something about the situation before getting sick.

"If a business is open and operating, specific federal and state guidelines are ignored and employees get sick, sure, that's a problem for the employer," said Boyer.

What if my workplace is unsafe?

First and foremost, if there's genuine concern an employer isn't following health orders, notify the police. Intervention by the authorities, where necessary, will help more people in the long run.

In the event a business continues its refusal to comply, there's a whole host of legal ramifications that could occur as a result.

A worker might be able to file suit for a hostile work environment if sanitizing and social distancing aren't being enforced, said Boyer. Or, if an employee is fired for reporting or refusing to work in unsafe conditions, they may have a case.

"It's not necessarily the injury itself," said Boyer.

"But if a person is thinking, 'My employer isn't sanitizing, they're doing nothing for social distancing,' and they tell their employer they're not going in anymore and are terminated, that should be a concern."

The burden of proof is on the plaintiff, so a person needs to be able to demonstrate the business is not taking the proper precautions.

Of course, that's going to be a challenge with any type of lawsuit related to the coronavirus.

What happens if I get sick from a business?

For example, there's no question businesses can be held liable if they make their customers sick.

Proving that's how you became ill could be a different story. Unless you can show you didn't visit any other locations or have contact with any other people, such a lawsuit might be an uphill battle.

"How do you prove it was that particular that location where you contracted the COIVD-19?" said Boyer.

It's also an unlikely scenario, Boyer believes, because businesses are keenly aware of the threat and want to remain open.

"There is a concern on the part of those businesses to follow the guidelines," said Boyer. "But on the other side, to prove that is probably more difficult.

Boyer added Bingaman Hess hasn't received any calls related to coronavirus legal problems. Pennsylvania courthouses are also closed at the moment, perhaps reducing the interest in pursuing such matters.

When the courts reopens though, he suspects law firms will be fielding calls related to various employment issues stemming from the pandemic.

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If you contract coronavirus at work or from a business, who's liable?

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As essential businesses continue to operate, with many more across Pennsylvania eyeing a potential return in the coming weeks, the health and safety of workers and consumers are constantly under the microscope. But what happens if, in spite of everybody's best efforts, a person happens to contract COVID-19 while on the job, or in a store?

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OSHA Implements New Reporting Rule For Workplace Accidents

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OSHA Implements New Reporting Rule For Workplace Accidents

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On behalf of Michael Vanasse at Vanasse Law LLC
OSHA recently introduced a new rule that is meant to improve safety conditions on the job.
In Pennsylvania and across the country, employees in many fields of work run the risk of suffering a severe injury on the job. When employers fail to take proper precautions to protect their employees, serious consequences can result.

In an effort to hold employers accountable for their dangerous workplaces, the Occupational Safety and Health Administration recently announced plans to change the reporting requirements following an on-the-job accident.

These days, employers must only report workplace accidents to OSHA if an employee dies or if three or more employees are sent to the hospital for medical care as a result of the incident.

Under the new rule issued by OSHA, employers will have to report many more on-the-job incidents to the agency. For instance, employers will now be required to report accidents in which even one worker requires medical attention in a hospital. In addition, any situation in which a worker loses an eye or has to undergo an amputation must be reported to OSHA.

If employers are required to report all such incidents, the expectation is that they will then take steps to improve safety conditions in their workplaces, to prevent subsequent accidents.

Employers are required to report any workplace accident that results in a fatality within eight hours. Under the new rule, they are required to report incidents that result in hospitalizations or amputations within 24 hours.

New rule meant to prevent workplace fatalities

If employers are required to report dangerous accidents, action should be taken to improve safety to prevent workers from being killed on the job. According to data from the Bureau of Labor Statistics, 4,405 workers died in on-the-job accidents in the United States last year.

In Pennsylvania, 163 workers were killed in accidents on the job in 2012, according to the Bureau of Labor Statistics. Construction workers were the most at risk of being killed in a workplace accident - in all, 26 of the fatalities in Pennsylvania were individuals in the construction industry.

In addition, men between 25 and 54 years of age were the most likely to be killed in a workplace incident in Pennsylvania. In all, 91 percent of those fatally injured on the job were men. Those between the ages of 25 and 54 accounted for 58 percent of the people killed on the job in the state.

If you have been injured while at work, you need to take action to protect your rights. Medical expenses following a workplace accident can be considerable. Filing for workers' compensation benefits can help alleviate the financial burden following a workplace accident. Consider seeking the counsel of a skilled workers' compensation attorney to discuss your case.

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OSHA Implements New Reporting Rule for Workplace Accidents

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On behalf of Michael Vanasse at Vanasse Law LLC OSHA recently introduced a new rule that is meant to improve safety conditions on the job. In Pennsylvania and across the country, employees in many fields of work run the risk of suffering a severe injury on the job.

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Difference Between a Personal Injury and Workers' Compensation Claim

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Difference Between a Personal Injury and Workers' Compensation Claim

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The main differences between a workers' comp claim and a personal injury lawsuit are the fault requirements and types of compensation available.

The biggest and most important difference between a personal injury claim and a workers' compensation claim is that a personal injury claim is based on fault while a workers' comp case is not.

In order to recover damages against someone for a car accident, a slip and fall, or indeed any type of personal injury claim, the other person must be negligent, meaning that the person must have done something wrong.

Personal Injury Cases: Fault Required

To understand the concept of fault in a personal injury claim, consider a typical slip-and-fall case. Simply because you slipped and fell on someone else's property doesn't mean that the person who owns the property (or anyone else for that matter) was negligent. Accidents, where no one is at fault, do happen.

In order to recover damages for slipping on someone else's property, you and your lawyer must prove that that other person negligently maintained the property. In other words, you must show that the other party did something wrong. Similarly, if you are in a car accident, you can only recover damages from the other driver if the other driver was at fault.

Workers' Comp Cases: Fault Not Required

In a workers' compensation case, any employee injured on the job is entitled to workers' compensation benefits, with some very limited exceptions. Workers' compensation has nothing to do with fault. You don't need to prove that your employer or your co-workers did anything wrong in order for you to receive workers' compensation benefits. Even if you were negligent, and your negligence caused your injury, you're still entitled to receive workers' compensation benefits.

Damages for Pain and Suffering

The biggest difference in damages between a personal injury lawsuit and a workers' compensation case is that you aren't entitled to benefits for pain and suffering in a workers' compensation case. In a personal injury claim, you are entitled to recover all of the damages that you have suffered. Damages include lost earnings, lost earning capacity, medical bills, future medical expenses, permanent impairment, pain and suffering, and loss of enjoyment of life (i.e., hedonic damages), among other things.

But in a workers' compensation case, you can only receive weekly compensation, permanent impairment benefits, medical bills, and vocational rehabilitation. (For more detail, see How Much in Workers' Compensation Benefits Will You Get?)

You cannot receive benefits for pain and suffering in a workers' compensation case. This is because the concept of workers' compensation is basically a trade-off between labor and business owners. Before states enacted workers' compensation laws around the turn of the 20th century, the only remedy that injured workers had against their employers was to sue them for negligence. If the employer was not negligent, or if the employee did not sue or bring a claim against the employer, the employee got nothing.

You Usually Cannot Sue Your Employer or Your Co-Workers

The workers' compensation laws ensured that all workers who were injured on the job would get some weekly benefits and would get their medical bills paid. In return, injured workers lost the right to sue their employers and co-workers for negligence and lost the right to collect damages for pain and suffering.

Exceptions to this rule exist, however. For example, if an employer's intentional act caused your injury, you can usually still file a lawsuit and collect pain and suffering damages.

Are There Any Workers Who Are Still Legally Permitted To Sue Their Employers?

Yes, two small classes of employees do not fall under any workers' compensation laws: crewmembers of vessels and interstate railroad workers.

If you are a crewmember of any type of boat, from a cruise ship down to the smallest two person commercial fishing boat, you are not entitled to workers' compensation benefits. Instead, a federal law known as the Jones Act authorizes you to sue your employer for damages, including pain and suffering, if you get hurt on the job. If you are a member of a crew of a vessel and get hurt in the course of your employment, you should contact a lawyer who specializes in Jones Act cases.

Interstate railroad workers are authorized by a law called the Federal Employers Liability Act (FELA) to sue their employer for damages if they get injured on the job. Interstate railroad workers are workers who work for a railroad that operates in more than one state. Commuter rail workers do not always fall under the FELA. If you work on a railroad and get injured on the job, you should contact a FELA lawyer for more information about this law.

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Difference Between a Personal Injury and Workers' Compensation Claim

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The main differences between a workers' comp claim and a personal injury lawsuit are the fault requirements and types of compensation available. The biggest and most important difference between a personal injury claim and a workers' compensation claim is that a personal injury claim is based on fault while a workers' comp case is not.

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Employers' Duty to Prevent and Attend Employee Work Injuries

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Employers' Duty to Prevent and Attend Employee Work Injuries

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Due to the COVID-19 pandemic, our physical office is closed but we are here to help and remain open. Contact Mike at 717-471-2168 or Loraine 717-468-9411.

On behalf of Michael Vanasse at Vanasse Law LLC

Workplace injuries and illnesses are harmful to both employers and employees. An employee's life can be completely disrupted when he or she needs to recover from an on-the-job injury, and the employer's business is less productive while the worker is out. Because employers benefit from healthy employees, Pennsylvania law gives employers certain duties to help injured or ill employees get the workers' compensation benefits they need.
Pennsylvania Insurance Requirements
Pennsylvania law requires all employers with at least one employee in the state who could become injured or ill while on the job to carry workers' compensation insurance. Employers must have workers' compensation insurance even if all employees are part-time workers.

Employers must post the name and contact information of the workers' compensation insurer in a prominent place so that employees can find the information.
Steps Employers Must Take After Accidents
After an employee reports an on-the-job injury or illness to the employer, the employer has several obligations. The employer must file a First Report of Injury Form with the Pennsylvania Department of Labor and Industry and the workers' compensation insurer. The employer must answer all requests for further information about the incident or the employee's wages or job duties that the insurer or DLI makes.

Furthermore, the employer has a duty not to retaliate or discriminate against employees who have filed workers' compensation claims. Retaliation can be as blatant as termination of the employee, but can also include more subtle actions such as reducing an employee's wages or changing the employee's job duties.
Penalties for Failure to Meet Duties
The penalties for employers who fail to carry workers' compensation insurance can be severe. The state may choose to prosecute the employer criminally. Inadvertent failure to carry workers' compensation insurance is a misdemeanor in Pennsylvania. Intentional failure to insure is a felony.

The employer may end up owing substantial fines for each day the business operated without complying with insurance requirements.
Consult an Attorney
If you have been injured on the job and you believe that your employer is not meeting his or her responsibilities under workers' compensation law, talk to a lawyer who can help you obtain the benefits you need to recover from your injuries.

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Employers' Duty to Prevent and Attend to Employee Work Injuries - Lancaster Workers Compensation Attorney

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Employers' Duty to Prevent and Attend to Employee Work Injuries On behalf of Michael Vanasse at Vanasse Law LLC Workplace injuries and illnesses are harmful to both employers and employees. An employee's life can be completely disrupted when he or she needs to recover from an on-the-job injury, and the employer's business is less productive while the worker is out.

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Workers' Compensation in the New World of the COVID-19 Pandemic

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Though many people in Pennsylvania are aware that they may be entitled to some form of workers' compensation benefits in the wake of a work-related accident, the details can be rather murky and confusing for those who are unfamiliar with the process of securing such benefits. Workers' compensation offer injured workers an important opportunity to obtain adequate recompense for their losses, and to help them smoothly reintegrate into their various work, personal, and social lives. As such, it's absolutely worth consulting a Lancaster job injury lawyer for guidance on how to proceed.

Attorney Mike Vanasse has practiced exclusively in the area of workers' compensation for nearly three decades, giving him a deep understanding of what is necessary to effectively advocate on behalf of injured clients. Over the years, he has tirelessly advocated for his clients and developed a winning reputation in the workers' compensation arena.

Curious about how we can help? Contact Vanasse Law, LLC for immediate assistance.

Exploring the Possibility of a Workers' Compensation Claim?

If you're currently exploring the possibility of pursuing a workers' compensation claim, then there are a number of legal considerations to keep in mind. Depending on the circumstances surrounding your case, they may prove a hindrance or an opportunity.

Workers' Compensation Eligibility

Under Pennsylvania law, any and all employees are eligible to receive workers' compensation benefits if they have suffered a work-related injury (i.e., on-site or within the course and scope of their employment). Importantly, this eligibility does not extend to workers who are not defined as employees. For example, if you are engaged with an employer as an independent contractor, then you may not be eligible to receive workers' compensation benefits.

Employer Immunity from Liability

Employers are immune from liability for their own negligence, as workers' compensation laws prohibit lawsuits against the employer (except where the employer has engaged in intentional misconduct or conduct with a reckless disregard for the safety of others). As you are limited in bringing an action against your employer, you may want to consider a lawsuit against a liable third-party in order to secure non-economic damages that are not provided for by workers' compensation.

Contributory Fault in the Workers' Compensation Context

Workers' compensation benefits are paid out pursuant to "strict liability" principles. In Pennsylvania, you can recover workers' compensation even if you are partially or wholly at-fault for your own injuries. There are still prohibitions on recovery related to fault, however. If you intentionally caused your own injuries, were engaged in illegal activities, or were intoxicated at the time of the accident, then you may not be entitled to workers' compensation benefits.

Procedural Concerns

If you've been injured in a work-related accident, then it's important that you consult a worker's compensation lawyer for comprehensive guidance on procedural matters. Failure to move forward with your claim in a manner that complies with workers' compensation laws could lead to additional setbacks.

In Pennsylvania, you must give notice to your employer (regarding your work-related injury and intention to pursue a workers' compensation claim) within 120 days. If you do not do so, then you may be declared ineligible for benefits.

Contact a Lancaster Job Injury Lawyer for a Free Initial Consultation

At Vanasse Law, LLC, we can help you secure the workers' compensation benefits you need to cover your losses after a work-related accident. We are committed to investing our time and resources into each of our clients, and to ensuring that their interests are properly represented at every stage of the process, whether submitting a claim or challenging the denial or mishandling of said benefits.

Ready to speak to an experienced Lancaster job injury lawyer to learn more about your claim and what you can do to move forward? We encourage you to arrange a free initial consultation by calling 717-397-1010 or contacting us online.

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Lancaster Job Injury Lawyer | PA Workers Comp Laws

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Though many people in Pennsylvania are aware that they may be entitled to some form of workers' compensation benefits in the wake of a work-related accident, the details can be rather murky and confusing for those who are unfamiliar with the process of securing such benefits.

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DEALING WITH YOUR WORKERS’ COMPENSATION CLAIM DURING THE PANDEMIC

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DEALING WITH YOUR WORKERS’ COMPENSATION CLAIM DURING THE PANDEMIC

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Many workers throughout Pennsylvania and elsewhere have been affected in some way by COVID-19. For those who are out of work, the concern likely centers around how they will be able to meet their financial obligations. For those who are still working, the concern likely relates to the possibility of catching the virus while continuing to perform their job duties.

Our Lancaster workers' comp lawyer has heard from both unemployed and currently employed workers who have active workers' compensation claims during this time, so we would like to take a moment to address some of the commonly-asked questions you may have as we all continue to navigate through these unprecedented times. For the most up-to-date information, we are still available to speak with you even though our physical offices are closed.

I'm still working during the pandemic. If I get COVID-19 while at work, will that be considered a work-related disease or injury?

The PA Workers' Compensation Act identifies occupational diseases and discusses the diseases that routinely happen when working in specific types of industries or jobs. Generally, illnesses that were caused by work-based exposures can be deemed an occupational disease and/or injury. That said, if you were exposed to COVID-19 such that it resulted in the illness you're suffering from currently, it could be considered an injury or it may even be considered an occupational disease, depending on the work or industry itself.

If I make a Pennsylvania workers' comp claim, will I be paid from the first day that I'm unable to report to work?

Pennsylvania has a waiting period which is currently seven days. Accordingly, employees seeking workers' compensation must have missed work for at least 14 days in order to be compensated for their first seven days of disability.

What are my options if my claim is denied?

Once a worker files a claim, the petition will be assigned to a workers' comp judge in the county where the worker lives. In general, workers have up to three years from the date the injury occurred to file their petition to seek coverage for their injuries under workers' compensation. Once the petition gets assigned to a judge, all relevant parties will be advised of the place, date and time of the hearing.

Once my claim gets assigned to a judge, what happens next?

When you seek legal guidance from our Lancaster workers' comp lawyer, we will advise you of the next steps in your case. The Workers' Compensation Office of Adjudication (WCOA) handles the litigation of all workers' comp cases. Information can also be obtained directly from the WCOA.

I had already filed a case prior to the pandemic. Will the processing of my claim be affected by COVID-19?

Governor Tom Wolf ordered all state offices to be closed back in mid-March. That order was effective for a period of 14 days. Currently, staffing needs have been adjusted and staggered work schedules have been implemented. Those with claims and questions will still be able to contact the office and get the claims processed. A temporary phone hearing protocol was set up in an effort to lessen the amount of person-to-person contact. Our Lancaster workers' comp lawyer will be notified directly about your hearing the procedures to be followed. What's important to note is that, while there may be some delays in hearing times, your claim will not be dismissed.

What if I need to file or answer a petition? Will I be able to do so during the pandemic?

You absolutely will! The WCOA is working to ensure that all petitions are filed in a timely manner and handled during COVID-19. As mentioned above, hearings will be adjusted and modified accordingly until the health crisis has been subsided.

I did not have a Lancaster workers' comp lawyer when I filed, but my case has been assigned to a judge already. How will I know what the status of my claim and/or hearing is and what will occur next?

Once you seek our legal services, we will work with the WCOA directly to find out all relevant information about your case. Additionally, you should also continue to get notices in the mail. If you have online capabilities, the WCOA keeps updated information on the WCAIS, which is their online filing service. If you register online, you will be able to check the site for any changes, office closures, early closures and/or delayed openings.

If I was injured or obtained an illness while at work, will workers' compensation allow me to use telemedicine services at this time?

The Pennsylvania Department of State's (DOS) Bureau of Professional and Occupational Affairs (BPOA) issued guidance back in March that discussed this very issue and noted that health care professionals who have been licensed under a BPOA licensing board can offer their services to patients by telemedicine during the pandemic.

Accordingly, visits that are held via telemedicine can be used for either ongoing treatment of workplace injuries or new injuries. Stated clearly, the Pennsylvania Department of Labor and Industry Office of Workers' Compensation, in recognition of the CDC and PA Department of Health guidelines regarding social distancing, wants all workers, employers and healthcare providers to keep in mind that telemedicine and virtual care is a viable option for those who sustain injuries and illnesses in the workplace.

Let Our Lancaster Workers' Comp Lawyer Work for You - We Are Here to Help

Whether you have already submitted a workers' compensation claim prior to the pandemic or you are still working and need to submit a claim due to a recent injury or illness that happened on your job, we are here to help. Contact our Lancaster workers' comp lawyer today for immediate assistance.

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Dealing With Your Workers' Compensation Claim During the Pandemic - Lancaster Workers Compensation Attorney

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Many workers throughout Pennsylvania and elsewhere have been affected in some way by COVID-19. For those who are out of work, the concern likely centers around how they will be able to meet their financial obligations. For those who are still working, the concern likely relates to the possibility of catching the virus while continuing to perform their job duties.

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The COVID-19 hazard continues, but the hazard pay does not

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The COVID-19 hazard continues, but the hazard pay does not

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Introduction

The United States has entered a third peak of the COVID-19 pandemic, with cases spiking across the country. Many experts anticipate that the winter months will be the worst yet, and a new study projects that the U.S. could surpass 500,000 COVID-19 deaths by the end of February. As we begin this even deadlier phase of the pandemic, the country's 50 million frontline essential workers are among the most vulnerable. Are they receiving fair compensation for the worsening hazards they face on the job?

In this report, we look at the state of hazard pay for COVID-19's frontline essential workers. We follow up on the recommendations we made in our April report, which called on Congress to pass federally mandated hazard pay. At the beginning of the pandemic, the prospects of hazard pay were bright; in April, the House of Representatives passed legislation to create a $200 billion hazard pay fund, while dozens of large companies were offering small, temporary hourly pay bumps and bonuses to frontline workers.

Seven months later, those hopes have largely been dashed. While the hazards of COVID-19 are growing worse, few frontline essential workers are receiving any hazard pay at all. Most large retail employers ended temporary pay bumps months ago, despite many companies earning record sales, eye-popping profits, and soaring stock prices. After facing strong resistance in the Republican-controlled Senate, House Democrats dropped their hazard pay proposal from their revised legislation in September. Innovative hazard pay initiatives by state governments have been among the few bright spots, but the scale of these efforts is small compared to the need.

The failure of the federal government and most employers to provide hazard pay is especially detrimental to low-wage workers, who comprise nearly half of all frontline essential workers. As the pandemic-fueled recession deepens, many of these low-wage workers face additional financial hardship on top of elevated risks of infection. Nearly half of these low-wage frontline workers are nonwhite, with Black and Latino or Hispanic workers overrepresented among critical jobs that pay less than a living wage.

Deeply rooted policy failures and structural problems underpin these inequities-from a woefully inadequate minimum wage, to systemic racism, to the long-term erosion of worker power. Hazard pay is an immediate stopgap measure to ensure frontline workers earn a living wage as they shoulder extreme burdens. It's a down payment on what should be permanent, lasting change through an increased minimum wage. Here's how it can be done.

Part 1: Why workers deserve hazard pay

What is hazard pay?

The COVID-19 pandemic has upended traditional notions of what jobs are considered dangerous-and essential-as well as what workers who hold those jobs deserve to earn. Hazard pay is additional pay for performing hazardous duty or work involving physical hardship; previously, it was associated with dangerous jobs in military service, construction, or mining. Today, jobs as diverse as bus driving, warehouse jobs, and grocery work now expose employees to the deadly risks of COVID-19. Our colleagues Adie Tomer and Joseph W. Kane calculated that there are 50 million frontline workers who are in essential jobs and must physically report to work, making them vulnerable to COVID-19.

Hazard pay is a popular response to the risks that frontline essential workers face. In a May survey, more than three-quarters of Americans surveyed supported providing hazard pay or additional compensation to workers in essential jobs.

Hazard pay is also popular among frontline essential workers themselves. "I believe that people who have sucked up their fear every day and marched through that door, not knowing whether today would be the day they would catch it, deserve recompense for that," said Lisa Harris, a 32-year-old cashier at a Kroger supermarket outside Richmond, Va.

Since the start of the pandemic, we spoke with dozens of frontline essential workers from a range of industries who expressed a strong desire for hazard pay while putting their lives on the line every shift. Many workers said they deserved hourly wage increases, and preferred predictable pay increases in each paycheck similar to overtime or holiday hours, rather than occasional bonuses that fail to compensate workers for each additional hour worked.

"It should be an hourly raise for the duration of the pandemic," said one Walmart associate who preferred to remain anonymous, reflecting on the periodic bonuses Walmart workers receive. "Because for a lot of these people working out there, four or five days a week, eight hours a day, risking their lives so much given how the virus is spreading in the country, $2 to $3 extra an hour is a start. I don't know if it is the answer, but it is a lot better than what we are getting now."

*

Low-wage frontline workers deserve hazard pay

The case for hazard pay is especially urgent for the millions of frontline essential workers who earn low wages. From certified nursing assistants to housekeepers to farm laborers, the essential jobs that are vital to the country and require workers to risks their lives are disproportionately low-paying. We calculate that, as of 2018, nearly half (47%) of all frontline essential workers earned less than a living wage that can sustain a family.

Daryll Cox, a poultry plant worker in Virginia, is one of the nearly 19 million frontline essential workers who earn less than $15 an hour. In an interview this summer, Cox, who is Black, discussed the hardships of his job during the pandemic.

"It's been a challenge for everybody," Cox said. "We work around 600 people a night in a packed environment. You just have to pray and believe and hope that the person that you're working next to is not infected." He said the "fear of not knowing" causes great anxiety, "wondering if the person working just inches away from you has it, being scared if somebody coughs or sneezes."

Cox said he enjoys his job, but laments the low wages he earns. Workers at his plant typically make $12 to $14 an hour-considerably less than a living wage. After paying taxes and insurance, Cox said there is little left to pay bills and support a family. He said that even a small hazard pay increase would make a difference.

"We're not making much," Cox said. "If you add $2 to $3 an hour, you'd get at least $15. To be in this environment with all the money that we know the company makes, I don't think it would set back the company at all to at least show us appreciation by giving us a $2 to $3 raise. This is the sentiments of at least 85% of other employees."

Hazard pay is one way to immediately correct the financial injustice for frontline essential workers who risk their lives-and their families' lives-without the dignity of wages that can support them. But it is ultimately a stopgap measure-essential workers' low wages reflect long-standing policy failures and illustrate the need for permanent reforms.

For over a decade, the federal minimum wage has remained stuck at $7.25 per hour, a wage so low it would put workers earning it below the poverty line. Meanwhile, there is overwhelming public support to raise it to $15 per hour. Frontline workers earning paltry wages deserve permanent pay increases and lasting changes to these policy failures. In the interim, hazard pay can make an immediate difference in their lives during the pandemic.

Ten largest low-wage frontline essential jobs that pay less than $15 per hour, 2018
Source: Brookings analysis of Department of Homeland Security, Bureau of Labor Statistics, and Emsi data
During our national reckoning over structural racism and inequality, hazard pay can also help address racial equity. Black and Latino or Hispanic workers are overrepresented among low-wage frontline essential workers. In 2018, Black workers comprised 13% of all U.S. workers, but made up 19% of all low-wage frontline essential workers. Latino or Hispanic workers comprised 16% of all U.S. workers, but 22% of low-wage frontline essential workers.

Millions of Black and Latino or Hispanic essential workers hold critical but undervalued jobs in caregiving and health care, cleaning, and other services, often earning poverty wages with few (if any) benefits. Hazard pay targeted to low-wage essential workers would disproportionately benefit workers of color, who too often are excluded from decent-paying work.

*

The pandemic recession makes hazard pay more urgent

The COVID-19 recession has pummeled workers with the lowest wages, especially Black and Latino or Hispanic workers. Low-income workers have suffered the worst job losses in the pandemic. More than half (51%) of households earning under $50,000 have experienced employment loss during the pandemic. These job losses have further strained already limited household finances and increased food insecurity. In a recent survey, nearly half of low-wage workers reported having trouble paying bills and about a third had trouble paying their rent or mortgage.

This is the case for Yvette Beatty, a 60-year-old home health aide in Philadelphia, who is Black. Two of her children lost their jobs in the pandemic recession. One moved back in with her. Now, Beatty is the sole provider for her family of seven. Even though she is "scared as heck" working during the pandemic and fears bringing the virus back home to her family, she feels she has no choice but to keep working. But she is barely surviving on just $12.75 an hour.

"It's very hard," Beatty told us. "Thank God for noodles. We are eating just what we can right now." Like a disproportionate share of low-income workers, Beatty has several underlying health conditions that put her at greater risk from COVID-19. Due to her financial struggles, her health has suffered during the pandemic. She said she sometimes skips a day of her medicine to stretch it further, and can't afford to eat the healthy foods recommended for her diet. "I know I am supposed to eat certain things, but I would rather give to my family than to myself," she said.

Beatty wishes the federal government would come to the aid of frontline workers like herself: "You're telling me, before you pushed out trillions of dollars, you couldn't push out money for us? You couldn't push it out for these people who are on trash trucks, mopping floors, picking up biowaste, who are home health aides? Even for some of the nurses and doctors?...It's time to wake up and recognize us."
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Part 2: The state of hazard pay

Early ambitions and stalled progress for federal hazard pay

In Congress, Democratic and Republican proposals for federal hazard pay started ambitious, but languished in the Republican-controlled Senate, with little prospect of being passed into law.

In April, Democrats in Congress proposed hazard pay legislation to provide generous compensation to essential workers across the public and private sectors. This $200 billion "Heroes Fund" was part of the original $3 trillion " HEROES Act " passed by the House on May 15. Through the fund, eligible workers would receive up to $25,000 in "pandemic premium pay" through the federal government-equivalent to an extra $13 per hour-from the start of the public health emergency until the end of the year. The eligibility requirements of the fund were expansive, including even highly paid essential workers such as doctors. Essential workers earning up to $200,000 a year (or approximately $100 per hour) would be eligible for the full amount of up to $25,000, while workers earning over $200,000 would be eligible for a smaller amount of $5,000.

In May, Senator Mitt Romney (R-Utah) proposed a narrower " Patriot Pay" proposal for a temporary bonus of up to $12 per hour. Compared to the Democrats' proposal, Sen. Romney's proposal included a lower income cap (annual incomes up to $50,000 could receive the full amount and incomes up to $90,000 would receive a smaller amount), a shorter timeline (May 1 through July 31), and only some of the money (three-quarters) coming from the government and the rest from employers. Sen. Romney explained that the legislation would address the risks that frontline essential workers face as well as the "anomaly" of some essential workers earning less money than unemployed workers receiving enhanced unemployment benefits.

Many Republicans in Congress expressed little interest in either hazard pay proposal, and neither has been passed into law. After House Democrats passed their $3 trillion HEROES Act, Senate Republicans introduced a smaller, $1 trillion HEALS Act in July. That bill did not include any hazard pay for essential workers. It also excluded new state and local aid, which would shore up struggling state and local government budgets with the funds necessary to keep public sector frontline essential workers employed. The result was dimmed prospects for any federal hazard pay. On September 28, House Democrats introduced an updated, leaner version of the HEROES Act which did not include the original Heroes Fund for hazard pay for essential workers.

*

State and local governments fill the void with innovative hazard pay programs

While hazard pay from the federal government has stalled, several state governments have leveraged federal relief funds to introduce innovative hazard pay programs. Most of these state-level programs have a strong equity focus and prioritize frontline workers who earn low and moderate wages. While their approaches are promising and can serve as a model for national scale, the reach of the state programs is relatively modest compared to the need. A typical state-level hazard pay program benefits tens of thousands of workers out of a total of 50 million frontline essential workers nationwide.

Three states-Pennsylvania, Vermont, and Louisiana-leveraged federal CARES Act relief funding to finance hazard pay for a broad swath of essential frontline workers in their states, including both private and public sector workers. All three states leveraged $50 million in federal CARES Act funding to finance the pay increases.

Public and private employees in seven critical industries

Full-time and part-time employees earning less than $20 per hour

Employers apply, equity focus

41,587 workers supported through grants to 639 employers

More than 5,000 employers were eligible, totaling $900 million in costs; less than 10% of that need was met

One-time payment of $1,200 or $2,000 per worker

Funded by $50.5 million from CARES Act

Public and private employees in essential services that deal with the public. First-round eligibility limited to mostly public sector workers.

Second-round eligibility was expanded to include grocery, retail and other private sector workers

Employees earning $25 per hour or less and working in a job with an "elevated risk"

Employers apply; first-come, first-served

15,650 workers supported through first-round grants to 370 employers

Second round of grants opened on October 28

Public and private employees in critical industries

Adjusted gross income of $50,000 or less

Worked at least 200 hours from March 22 to May 14

Individuals apply

Checks sent to 100,000 workers as of September 4

Nearly 114,000 more applicants waiting as of September 4

Pennsylvania's COVID-19 PA Hazard Pay Grant Program is an especially promising model. To date, the grant funds provided more than 40,000 frontline workers with the equivalent of a 10-week, $3 per hour raise. Eligibility was limited to workers earning less than $20 an hour in essential industries. The $50 million program was only able to meet about 10% of the needs of the applicants, so it applied a strong equity lens to focus the limited funds on the greatest need. The program prioritized workers that are the lowest-paid, face the highest COVID-19 risks, and have the least opportunity for other federal support. Home health aides, nursing home workers, and other care providers were among the biggest beneficiaries. Pennsylvania Governor Tom Wolf recently called on state legislators to provide additional funding from the state's federal relief money to expand the program. (Gov. Wolf has also advocated unsuccessfully for the state legislature to raise Pennsylvania's minimum wage from the current $7.25 per hour.)

Several other states leveraged federal relief dollars to provide hazard pay to a narrower set of frontline essential workers in public-sector-funded industries such as first responders, home health aides, and caregivers.

$3.13 per hour pay raise

Costs about $3.7 million every two weeks

Public employees in "24/7 jobs" such as law enforcement, correctional officers, and hospital employees

15,000 employees eligible originally

Ended September 10

$300 weekly payments

For first responders, $25 million (funded by CARES Act)

For nursing home workers, $75 million

Home health care workers who serve Medicaid members

43,500 workers

Michigan

One-time $1,000 for first responders (Funded by $300 million from CARES Act)

$2 per hour increase for direct care workers (Funded by $120 million from CARES Act)

Information not available

The hazard pay that Virginia, New Hampshire, and Michigan state governments are providing caregivers resonates with recommendations we made in our May report, which called for hazard pay, higher pay, better safety, and benefits for low-wage health workers.

In that report, Yolanda Ross, a 53-year-old home health aide outside of Richmond, Va., said that low-wage caregivers like her are "underpaid, overlooked and forgotten about, but yet depended upon." She was hopeful that the pandemic would present a moment for change. "I pray there is a redirection," Ross said. "That we stop doing things the same old way and listen to those who don't have real voice."

After Virginia Governor Ralph Northam announced on October 15 a one-time $1,500 hazard pay for home health workers serving Medicaid members, Ross expressed gratitude: "I am so thankful we're starting to get some of what's due."

*

Employers are ending hazard pay

Due to the increased risk of COVID-19 exposure they face on the job, retail workers are among the frontline essential workers most likely to have received hazard pay at some point during the pandemic. Early in the pandemic, some of the country's largest grocery, home improvement, big-box retail, and e-commerce companies offered frontline essential workers modest hazard pay. Going by names like " hero pay" and " appreciation pay," the policies were typically either a pay increase of about $2 per hour or one-off and occasional bonuses. These small pay increases helped employers recruit more frontline workers to keep up with the demand of stockpiling Americans and surging online orders.

While modest, the hazard pay made a difference to frontline retail workers, whose pay is very low. Only four large retail companies-Costco, Amazon, and recently, Target and Best Buy-offer workers starting wages of $15 per hour. Typical grocery cashiers earn about $10 per hour. Grocery workers at Kroger, the nation's largest grocery chain, can earn as little as $9 per hour or less.

Lisa Harris, a Kroger cashier outside of Richmond, Va., lamented these low wages for frontline staff. "The pay isn't enough," Harris said in a March interview. "I have coworkers that serve people every day, and then have to go pay for their own groceries with food stamps."

Three months into the pandemic, most retail companies quietly ended hazard pay hourly increases, in some cases shifting to a one-time "thank you" bonus. As nonessential businesses began to reopen in the summer, employers signaled that business-and workers' paychecks-were returning to "normal." Walmart, Amazon, and Kroger-the country's largest employer, largest online retailer, and largest grocer, respectively-all ended hazard pay during the summer. Among large retail companies, Home Depot is the only company to continuing to regularly pay its frontline workers hazard pay. On average, workers at the top 20 retail companies have gone 126 days without hazard pay.

Most retail companies ended hazard pay early in the summer, and since then, the pandemic has worsened but business has boomed. Large home improvement stores, discount retailers, supermarkets, electronics stores, big-box retailers, and e-commerce giants have seen eye-popping profits and soaring sales. Profits at the top 10 largest retail companies were up more than 50% in the first half of the year compared to last year.

Frontline retail workers we interviewed expressed disappointment and dismay at their employers' decisions to end hazard pay despite financial success and the continued risk of COVID-19.

"It's a bunch of B.S., to be totally honest," said Jeffrey Reid, a meat clerk at a Giant Food outside of Washington, D.C. In June, Reid's employer ended its 10% hourly "recognition pay." "All of a sudden, we went from being essential to being sacrificial, all for the sake of the bottom line," said Reid. "It is still a pandemic, the last time I checked. There is a still a hazard out there."

"To some people, $2 an hour doesn't seem like a lot," said another front-end grocery employee who preferred not to be identified. "But the extra $2 makes a huge difference for people and their livelihoods. It's something I can't comprehend, why they think we're not worth more. Profits are up big time. I don't understand why they think it's okay for people to struggle."
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Conclusions and recommendations

The extreme and unequal sacrifices shouldered by low-wage frontline workers require policy solutions such as federal hazard pay during the pandemic and a higher minimum wage so that workers permanently earn a living wage. And even without policy change, America's biggest companies shouldn't wait to give their employees economic security. Below are three recommendations for the public and private sector:

1. Congress should focus federal dollars on modest hazard pay for the low-wage workers who need it most. As Congress negotiates the next federal relief bill, lawmakers should include federal funding for hazard pay targeted to the low-wage workers who need it most for the duration of the pandemic. Pennsylvania's hazard pay program provides a compelling model to scale at the national level. While House Democrats' original "Heroes Fund" proposal for federal hazard pay included generous compensation to even highly paid workers, Pennsylvania's program had a strong equity focus and prioritized workers at greatest risk of COVID-19 and earning the lowest wages. Compensation was more modest, at the equivalent of $3 per hour (instead of $13), and income was capped at modest wages ($20 per hour), making Pennsylvania's program far less costly. Congress could make federal funds available to states to implement hazard pay, with room for states to determine some of the eligibility criteria and wage thresholds. Or it could be run centrally out of the Treasury Department, like the original Heroes Fund proposal.

2. Profitable companies should reinstate hazard pay and permanently raise wages to $15 per hour. Hazard pay is one way that employers can-and should-immediately recognize the value of frontline workers in the pandemic. But it is only a temporary measure, and won't achieve long-term economic stability and living wages for these workers. Large, profitable companies should not wait for legislation that compels them to raise wages. Even in the absence of meaningful government action, more companies should follow the example of Target, Costco, Amazon, and Best Buy and raise starting wages to $15 per hour.

3. Workers need bolder policy changes, during the pandemic and long after. Hazard pay is a stopgap measure to recognize the sacrifices of the pandemic's frontline workers and meet their immediate needs. It does not solve the policy failures and structural racism that underpin the financial struggles of these workers, who are disproportionately Black and Latino or Hispanic. Bolder policy changes such as raising the minimum wage are needed, alongside hazard pay, to have a more lasting impact. Polls show broad support for raising the minimum wage, and that support has increased during the pandemic. Critics have raised concerns about the costs of increasing the minimum wage to small businesses at a time when many are struggling to survive. But even if legislative change happens, it is likely that wage increases will be phased in over time. Hazard pay can help meet need in the near term, serving as a down payment on permanent pay increases for the 19 million frontline essential workers who earn less than $15 an hour.

Even beyond COVID-19, low-wage workers deserve to earn wages that meet their basic needs. The pandemic has laid bare the wide gap between the low wages that frontline workers earn and the essential value they bring to society. Now, in a pandemic that has already claimed over 200,0000 American lives, it is a moral outrage that low-wage essential workers are risking their lives-and their families' lives-for wages that do not even provide them the basic dignity of a family-sustaining wage.
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Molly Kinder, Laura Stateler, and Julia Du

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The COVID-19 hazard continues, but the hazard pay does not: Why America's essential workers need a raise

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The United States has entered a third peak of the COVID-19 pandemic, with cases spiking across the country. Many experts anticipate that the winter months will be the worst yet, and a new study projects that the U.S. could surpass 500,000 COVID-19 deaths by the end of February.

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A BRIEF LOOK AT PENNSYLVANIA’S HEART AND LUNG ACT

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A BRIEF LOOK AT PENNSYLVANIA’S HEART AND LUNG ACT

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As people all across the world are staying at home to try and slow down the spread of COVID-19, first responders and other essential workers who are manning the frontlines do not have that option. They risk exposure to COVID-19 every day as they provide essential services for their communities.

If you or a loved one have contracted the virus through their essential work, let a Lancaster workers comp lawyer at Vanasse Law LLC help you explore your possible options, including workers' comp and Pennsylvania's Heart and Lung Act.

Pennsylvania's Heart and Lung Act

Pennsylvania's Heart and Lung Act (HLA) protects various types of employees in Pennsylvania if they become sick or injured at work. This protection supplements Workers' Compensation insurance, providing additional financial support for employees diagnosed with COVID-19 and other temporarily debilitating conditions.

The HLA provides a full tax-free weekly salary without overtime for certain types of employees in Pennsylvania. The HLA also covers medical expenses related to any work-related injury or occupational illness suffered while performing official employment duties.

Who is Covered by the HLA?

The HLA covers municipal employees in law enforcement and firefighting. This includes the following types of job classifications:

State, County, Township, and City Police Officers and Firemen

Drug Enforcement Agents

Sheriffs and Deputy Sheriffs

Liquor Control Board Enforcement Officers and Investigators

Correctional Employees with Principal Duties of Care, Custody, and Control of Inmates

Psychiatric Security Aides Employed by the Department of Public Welfare

Psychiatric Security Aides Employed by the Department of Corrections

Members of Delaware River Port Authority Police

Special Agents of the Office of Attorney General

What Types of Illnesses are Covered by the HLA?

The title "Heart and Lung Act" is not entirely accurate, as the HLA covers many types of illnesses and injuries. In fact, the HLA covers any injuries and illnesses that occur "within the course and scope of employment" for all qualified Pennsylvania employees.

Furthermore, certain groups of employees in Pennsylvania may be granted a presumption that COVID-19 is an "occupational disease" for their profession under certain provisions of the workers' comp law. Nonetheless, while the HLA covers temporary illnesses or injuries, including COVID-19, permanent disabilities are not covered.

Contact a Lancaster Workers' Comp Lawyer at Vanasse Law LLC for a Same-Day Response

Both the workers' comp laws and the HLA are complicated pieces of legislation. If you are working during the pandemic and may be exposed to COVID-19, it is important that you understand your rights under workers' compensation law and potentially the HLA.

A Lancaster workers' comp attorney at Vanasse Law LLC will help you understand the current state of the law regarding workers' comp and the HLA, explore your options, protect your rights, and file any necessary claims on your behalf. If you need our help, please contact us online for a same-day response.

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A Brief Look at Pennsylvania's Heart and Lung Act - Lancaster Workers Compensation Attorney

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As people all across the world are staying at home to try and slow down the spread of COVID-19, first responders and other essential workers who are manning the frontlines do not have that option. They risk exposure to COVID-19 every day as they provide essential services for their communities.