Pennsylvania Workers Compensation Legal Questions

If you already have an attorney for this issue then he/she should be advising you and answering your questions.  otherwise, the first thing I would suggest is meeting in person with he/she and if you do not get satisfaction it may be time to find another attorney.  Generally, Pennsylvania is an at will employment state BUT there are many protections you have if you were injured in a work related accident and are receiving worker's compensation. Scott B. Cooper scooper@schmidtkramer.com 717-888-8888... Read More

Proving that the HR representative actually lied or submitted false information to the UC bureau with respect to another employee's application for benefits may be difficult.  You will not have access to that other employee's application paperwork, and I am sure that the HR rep is going to deny lying or providing false information.  Also, I doubt that the other employee is going to admit that the HR rep provided false information with respect to his/her application for benefits b/c that would jeopardize his/her benefits, as well.  If you could prove that your employer treated 2 similarly situated employees differently with respect to enforcement of the same work rule, then you may be able to get around the employer's argument that you were terminated for willful misconduct.   Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271   mdavey@eckellsparks.com You can contact me on Skype @: mjdavey957   www.paemploymentlaw.blogspot.com www.eckellsparks.com... Read More

Unreasonably dangerous work conditions that could jeopardize an employee's health constitute valid reasons for leaving a job that would not disqualify you from UC benefits.  However, you would have the burden to prove that the danger from this mold is real and not merely perceived by you to be dangerous.  This means that you would probably have to obtain an opinion from a medical doctor or other mold expert who could testify as to whether the mold you observed actually does pose a danger.  Your belief that it might be dangerous may not be sufficient.  You also need to report the mold situation and your belief that it is dangerous to your employer first, and allow the employer an opportunity to correct the situation.  Feel free to contact me directly if you would like to discuss your situation in more detail.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271 mdavey@eckellsparks.com www.paemploymentlaw.blogspot.com www.eckellsparks.com   ... Read More

If you hurt your hand while in the course and scope of your employment, then you should be eligible for workers compensation for your injury.  In fact, given the description of your injury it is also likely that you would be eligible to file for a specific loss benefit.   Workers' compensation cases have strict timelines and procedures that must be followed.  I would recommend that you speak with an attorney as quickly as possible to learn more about your rights. Please feel free to contact me directly if you would like to discuss your situation in more detail.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271 mdavey@eckellsparks.com www.paemploymentlaw.blogspot.com www.eckellsparks.com... Read More

Section 121.15 of the Pennsylvania Worker's Compensation act provides a seven-day waiting period for compensation. You must be disabled more than seven calendar days before workers compensation benefits for disability begin. Benefits for disability begin on the eighth day after your injury. If you miss more than 14 days of work, your benefits for the first seven days are retroactively applied. If you promptly informed your employer of your injury, missed more than seven days, and your claim is admitted, you should receive your first compensation check within 21 days of your injury.   I hope this helps.... Read More