We all love our dogs. I know mine means the world to me. However, not all dogs are properly trained, nor are all dog owners responsible, which could lead to liability for a dog owner should the dog cause harm to another. If you have been injured by a dog, you may be entitled to compensation for your injuries. Additionally, it is important for victims to understand that this does not mean just dog bites. It means injury by a…
Mediation in Pennsylvania workers’ compensation cases is a process that can be utilized to potentially settle workers’ compensation cases. It is a permanent fixture in Pennsylvania workers’ compensation litigation. Mediation is now mandatory since the 2006 amendments to the Pennsylvania Workers’ Compensation Act. What is the goal of mediation in my workers’ compensation case? The goal of a Pennsylvania workers’ compensation case mediation is to settle workers’ compensation claims. However, mediation can also be used to narrow issues within the…
When you are injured at work and receiving wage loss benefits, at some point your employer may file a Termination, Suspension, Modification, Review, or Petition to Compel petition against you. This is a direct threat to your benefits. Your employer has a right to file petitions to challenge your ongoing receipt of benefits. When should you expect the employer to file a petition against you? Below lists common reasons a petition may be filed, although certainly not exhaustive. You underwent…
Pennsylvania workers’ compensation is the exclusive remedy when a person is injured at work. The exceptions are quite narrow to sue the employer outside the remedies provided for within the Pennsylvania Workers’ Compensation Act. A recent Pennsylvania Supreme Court opinion further solidified the exclusivity provisions. In Franczyk v. Homes Depot, No. 11 WAP 2022, a Home Depot employee was bitten by a dog while performing work duties for Home Depot. The crux of the case revolves around the dog bite…
Here are some common questions I get on phone calls with prospective injured workers. Q: Can I sue my employer for negligence other than just workers compensation? A: No. It is extremely uncommon to be able to sue your employer outside the Pennsylvania Workers’ Compensation Act (Act) for an injury that occurred at work. Workers’ Compensation is the exclusive remedy. I know that is tough to hear, especially when your employer may have been at fault for the injury. The…
Tendon and ligament injuries are common in work-related injuries. They often times go undetected in the early stages of a workers’ compensation claim. Initial treatment for many work injuries is a simple X-Ray. X-rays will help determine if there are any injuries or breaks to the bones. However, an X-Ray will not show any ligament or tendon damage. Yet, these ligament and tendon injuries can be quite severe in terms of pain and functionality and can lead to surgery. Are…
Mooney Law won a 50% penalty case for a unilateral cessation of payment of wage loss benefits to a Chambersburg client. The Workers’ Compensation Judge’s (WCJ) decision was appealed to the Pennsylvania Workers’ Compensation Appeal Board (WCAB). The WCAB affirmed the decision today. In this case, we represented a Chambersburg injured worker who suffered a burn and subsequent nerve injury in his arm while performing welding activities at work. The claim was denied by the employer. We filed a Claim…
Pennsylvania workers compensation is known for its 'lingo'. The various lingo terms are used on a daily basis. When it comes to settling your Pennsylvania workers' comp case, your attorney should advise you that it is a 'full and final' or a 'global' resolution of your claim. You will also likely hear these terms at the hearing to approve the Compromise and Release agreement. So what do they mean? The two terms are the same. What does a 'full and…
When meeting with your Workers Comp attorney for the first time after you are injured at work, what do you need and what should you expect? First and foremost, at Mooney Law, your consultation for a work injury is always FREE. But, what else? Meeting with the attorney Pre-Covid 19, most consultations with a Mooney Law attorney were in person at one of our 15 office locations in Central Pennsylvania and Northern Maryland. Since then, most clients choose to have…
Settling a Pennsylvania workers’ compensation claim is pretty common practice. The primary question my clients have after agreeing to a settlement is how long it takes to get the settlement check. Understandably so. So, how long does it take? The Workers’ Comp Settlement Process Let’s walk through the settlement process. Most cases typically settle through the mediation process. You can read more about that here. However, some cases settle just through ongoing discussions between your attorney and the attorney for…