I often get clients in my office that have either not told their employer about their work injury or told their employer about A injury, but failed to mention is happened at work. Those are mistakes. It is imperative that you tell your employer about your injury AND that it occurred at work. Failure to do so can result in an unnecessary issuance of a denial. First, there is no requirement that notice of an injury be in writing. You…
I often get asked the important question regarding whether workers' compensation benefits, specifically a lump sum settlement, is taxable income? The quick answer is --- NO. Workers compensation benefits are not a taxable event. That applies to not just your weekly benefits checks, but also if you settle your case for a lump sum amount. That also applies to settlements in general, irregardless of whether they are indemnity only or a full compromise and release settlement. Here is the…
Effective January 1, 2014, the Pennsylvania Department of Labor and Industry released the new compensation rates for injured workers who are out of work because of the work injury. Each year the Department adjusts compensation rates. Here are the new rates. These rates only apply if you were actually injured in 2014. If your average weekly wage is $517.77 or less, then you are entitled to 90% of your average weekly wage as wage loss benefits. The maximum increase to…
The Pennsylvania Department of Labor and Industry in early January published the new average weekly wage rates for 2013. What is average weekly wage? The average weekly wage determination is one of the most important aspects of your workers' compensation case because it dictates what your actual compensation rate will be if you are out of work because of a work injury. Indemnity benefits, otherwise known as wage loss benefits, are payable when you are out of work or when…
One question I frequently get from potential workers' compensation clients is how long must I treat with a panel doctor/provider. The answer is, it depends. There are a few nuances about the treating with a panel doctor that could effect your case. First, the general rule is simple. If your employer has a panel list of provider, the PA Workers Compensation statute requires you to treat with the panel provider for the first 90 days after your injury date. Does…
Often I field questions on what is proper timing for Notice to be given to the employer that a person has been injured at work. First, what does notice mean? Actually quite simple, your Employer can not begin investigation of your injury claim or even know you are injured at work until you tell them. That is notice. You can provide notice of injury to your employer either verbally or through writing. Either method is sufficient. However, I always recommend…
Pennsylvania's unemployment rate increased a slit .2 points. The increase raises the unemployment rate from July of 7.9% to August 8.1%. Here are the unemployment rate numbers for the areas we serve. Adams County, Pennsylvania: 6.8% Cumberland County, Pennsylvania: 6.8% Franklin County, Pennsylvania: 6.9% York County, Pennsylvania: 8.0% Harrisburg-Carlisle Metro Combined Area: 7.4% Visit us online at http://www.mooney4law.com
Our law firm went to bat for injured workers in Shippensburg, Pennsylvania. As one of the unique communities that is divided by a county line, many injured Shippensburg workers had to drive an hour for a workers' compensation hearing. Those living in Franklin County had their hearings heard in Chambersburg, a mere fifteen minutes away. Those living in Cumberland County had to make the hour trek to Harrisburg. We decided to do something about it. We sent a letter to…
Mooney & Associates has formally requested to the Pennsylvania Department of Labor and Industry to consider a change in workers' compensation hearing location for residents of the Shippensburg, Pennsylvania area. The change was requested because of the Franklin/Cumberland County divide of Shippensburg. Currently, if you are an injured worker and reside in the Franklin County portion of Shippensburg, your hearing location is fifteen minutes away in Chambersburg. However, if you reside in Cumberland County portion of Shippensburg, then your hearing…
I often am asked whether an injured worker must with a Company Doctor. The short answer to that question is, probably. The Pennsylvania Workers' Compensation statute provides for 'panel doctors". What does that mean? Quite simply, if your employer has a list of panel doctors and has complied with all regulations regarding that list, then you MUST treat with the company panel doctors for a period of 90 days. If your Employer does not have a list of panel doctors…