Mark Buterbaugh | Pennsylvania Workers Comp Attorney

Don’t fall for Employer Tricks When Hurt on the Job

Often when an individual is hurt at work, their employer or immediate supervisor will discourage the use of workers compensation.  Obviously, the employer does not want their workers compensation insurance premiums to increase.  So they make things up or try to guilt an injured worker into not claiming the work injury. Don't fall for those tricks.  Your workers compensation rights are too valuable to your present, your future, and your health.  I hear it time and time again when I…

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Shippensburg foundry hammered by OSHA

A Shippensburg, PA foundry has been hammered by OSHA for repeated safety offenses at the Shippensburg location of Domestic Castings.  The type of safety violations the story identifies are the type that can cause injuries at work.   According to OSHA, the repeat violations, carrying a $90,860 penalty, included open-sided floors and platforms that were not guarded with standard railings and other safety features; permanent, durable identification was not affixed to alloy steel slings; pulleys were not properly guarded; sprocket…

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Applying for Social Security Disability

Often in my practice, I have people call into our office to see if we can help with their social security disability application and help win them benefits.  I often also represent my client sin workers' compensation for social security disability as well. There are three ways to apply for social security disability benefits. 1.  You can visit your local social security office in Carlisle, Chambersburg, Harrisburg, or York for our areas of service. 2.  You can contact the Social…

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York County Court shoots down Facebook Discovery Request

York County Court of Common Pleas recently issued an opinion denying a Defendant's discovery request to obtain Facebook information from a Plaintiff, in which the Plaintiff opted that information to be private, under Facebook's privacy settings. In this case, the Defendant filed a Motion to Compel Discovery on the Plaintiff to obtain information on Plaintiff's Facebook that was set as private.  Defendant was seeking information regarding Plaintiff's diagnosis as the result of a personal injury litigation matter.  Specifically, the Defendant…

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PA Supreme Court rejects appeal from a former Pittsburgh Steelers

The Pennsylvania Supreme Court has denied the appeal of former Pittsburgh Steeler Ainsley Battles.  The former Steelers' player was seeking workers' compensation benefits for a torn hamstring, which was an on-the-field injury. Battles had surgery on the hamstring in 2004 and underwent subsequent rehabilitation with the Steelers training staff.  Eventually he was eventually released to play football again by his doctor in August of 2005. After his medical release, in 2006 the Steelers did not resign Battles to the roster.…

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Pennsylvania Notice of Injury to your Employer

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…

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Pennsylvania Workers’ Compensation Benefits and Taxation

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…

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New Pennsylvania Workers Compensation wage rates

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…

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PA Workers Comp: Average Weekly Wage adjustments for 2013

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…

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