Work-Related Disease

The Supreme Court of Pennsylvania (SCOPA) issued two recent decisions, dramatically benefiting injured workers. 

Since the beginning of Workers Compensation Law in 1915, employees injured in the course of their employment have been exclusively limited to presenting a claim against their employer under the Workers Comp. Act. An employer could not be "sued" under any alternative theory of liability. Work related diseases were similarly covered by the Occupational Disease Act. There are strict time limits on presenting a claim, as well as time limitations concerning how long after the employment ends that the disease must become apparent. Unfortunately, many diseases may lie dormant and undiscovered for many years, and not produce any symptoms until long after the time limit expires. If the disease is not diagnosed until after the deadline (generally, 300 weeks after last work related exposure) the injured worker's right to seek benefits would be exhausted. 

In Tooey v. A.K Steel and Landis v. A.W. Chesterton (PA 2013) SCOPA ruled in favor of employees who developed diseases due to the use of toxic chemicals or materials at work - long after the deadline expired. The Court determined that workers who suffer disability or death beyond the WC or OD Act deadlines may bring a "common law" lawsuit against the employer  under a theory of products liability or negligence. In each of these cases, the employees were exposed to asbestos and developed mesothelioma. Before these court decisions, employees in their situation had no claim or rights against their employer (though they may have had a claim against the manufacturer of the product). The court seems to recognize that medical and scientific advances render the laws deadline of 300 weeks inadequate, since the identification of medical conditions and the cause or effect can now be determined well beyond the time frames thought sufficient when these deadlines were first created. 

Although the facts of these cases were limited to one particular substance (asbestos) the decision does not limit it's application. This potentially opens the door to many other types of claims against employers, where the evidence may establish that scientific and medical advances demonstrate the insufficiency of the 100 year old Acts. 

If you have been injured, or suffer a disease related to your employment, you NEED a law firm experienced in BOTH the Workers Compensation and Personal Injury law remedies available to you. There is a significant benefit to you - the client  - to have any and all aspects of your claim handled "under one roof", rather than having different law firms potentially acting in conflict with each other - to maximize "their fee", instead of maximizing YOUR RECOVERY. Schmidt,Kirifides & Fridkin is a "full service" injury and disability law firm, knowledgeable and skilled at handling workers compensation, personal injury and Social Security disability claims. Our goal is to maximize the compensation payable to you, through efficient coordination of all possible claims. 

With offices in Philadelphia and Media Pennsylvania, as well as in Wilmington Delaware, we have a location convenient to serve you. For a FREE consultation, call us at 610-892-9300 or online at SKFtrialattorneys.com. 

Privilege

It is well established that an individual who brings a claim for injuries "waives" (gives-up) their right to physician - patient privilege, at least to a substantial degree. As a general rule, an individual who brings a claim for injuries gives up the privilege of privacy concerning their medical information, because medical evidence must be presented to prove the severity and extent of their medical condition.  Likewise, the "opponent" (typically the employer, through their insurance company) has a right to investigate the injured worker's medical background to determine whether any past information may be relevant to the circumstances of the present condition.

However, the Courts of Pennsylvania have just set a limit on the employer's ability to infringe upon this right, in Penn State Univ. v. WCAB (Sox), No. 454 CD 2013; 455. CD 2013 (Pa. Cmwlth. 2012), determining that the claimant maintains a degree of physician - patient privilege when getting treatment from the employer's "panel physician", or company doctor. Company doctors, or Panel Physicians may either be on the employer's own premises, or an outside medical facility having a contract or even just a loose relationship with either the employer or their insurance company. Many defense attorneys "deny" that these doctors act as "agents" of the employer, while at the same time these attorneys exercise direct access to the company doctor's opinions, due to their "special" relationship.

In order to avoid the potential of abusing this relationship, as well as to encourage the necessary exchange of information between patient and doctor for effective treatment, the Court has limited the defendant's ability to communicate with these company doctors and panel physicians.  When rendering "treatment", they are acting as doctors - not merely as a witness for the defense.  Although that physician may be called to testify by the defendant, the defense attorney may not have "ex-parte" communication with the doctor. The doctor may also be subjected to cross-examination by the injured workers lawyer, to investigate any violations of this limit committed by the defense counsel.

If you have been injured at work, you need the skill and advice of a dedicated workers' compensation attorney, who knows the ever changing rules and trends in the law, in order to best protect your interest, and maximize the amount of compensation payable to you, for the injuries you have suffered.  For a FREE, no obligation consultation, contact us online at http://www.skftrialattorneys.com/, or call 610-892-9300.  With offices in Philadelphia and Media Pennsylvania, as well as in Wilmington Delaware, we have a location convenient to serve you.

Factory Worker Awarded 4.5 Years of Future WC Benefits

Workers' Compensation Attorney, Mark R. Schmidt, settled the claim of a 27 year old factory worker, who suffered injuries to his lower back in the course of his job in May, 2010.  After first winning a Claim Petition to obtain lost wages and payment of medical bills, Attorney Schmidt then fought the Insurance Company a second time when they tried to modify the injured worker's benefits.  The insurance company argued he was capable of light duty work based on a document called a Labor Market Survey. During the course of that second round of litigation, a settlement was reached, paying the injured worker 4.5 years of future workers compensation benefits - in addition to those benefits already paid over the past 3 years.  Of note, the injured worker is Hispanic, and speaks no English.  The law offices of Schmidt, Kirifides and Fridkin have several staff fluent in Spanish, to enable effective communication concerning such cases at all times.

If you have been injured at work, you need the advice and experience of a dedicated Work Injury lawyer.  For a free consultation, call the Workers' compensation lawyers at Schmidt, Kirifides and Fridkin at 1-877-268-6466 or contact us online at SKFtrialattorneys.com for a FREE consultation.

WORKERS' COMPENSATION ALERT!

The General Assembly of Pennsylvania has proposed SIGNIFICANT CHANGES to the Pennsylvania Workers' Compensation Act. The House of Representatives will soon vote on House Bill 1636. In summary, employers will be permitted to designate a "coordinated care organization" which would be the ONLY medical personnel authorized to provide treatment to an injured worker "for the duration of the injury". In other words, an injured worker will not have the right to choose their own doctor at any point during the life of their claim/injury. Even where surgery may be required, the injured workers rights are drastically limited. Text of relevant portion below:
"Provided, however, That an employer may also establish a list of one or more designated coordinated care organizations for treatment of employees, and if such list is established, the employe shall only treat with a provider or providers who are participants in one of those organizations for the duration of the injury;"  For full text, click HERE.

This is not just a "bad law," it will undoubtedly lead to "bad medicine," as these doctors will be beholden to insurance companies in order to maintain their status on the coordinated care organization list, at the extreme risk to patients' health, and removes all freedom of choice in regard to ones own medical care. This will become the LAW OF PENNSYLVANIA unless you make your voice known!

CALL YOUR REPRESENTATIVE TODAY tell them to vote "NO" on HB 1636.  If you are unsure who your Representative is, click HERE to find out or contact Schmidt, Kirifides & Fridkin.

Healthcare Workers Suffer Most Workplace Injuries and Illnesses Each Year

Reports show that workers in the health care industry face the highest risk for workplace injury and illness.  Nurses, aides, orderlies, attendants, physical therapists, and other healthcare employees experience more musculoskeletal injuries annually than employees in any other industry.  In 2010, 653,900 workplace injuries and illnesses were reported; healthcare employees suffered 152,000 more injuries and illnesses than workers in the next highest category, manufacturing.  Given what we know about the dangers faced by healthcare workers, the results of a recent study by Public Citizen highlighting poor safety standards in healthcare facilities is surprising.

The recently released study reveals that although medical facilities are the most frequent locations of workplace injuries, the Occupational Safety and Health Administration (OSHA) conducts few inspections of these facilities.  There are few safety standards in place to prevent employee injuries, particularly when performing labor-intensive tasks such as lifting and patient transfers.  OSHA has said that it lacks the resources to develop and implement a more comprehensive safety standard for healthcare facilities.

Other Industries Given Priority by OSHA

The Public Citizen report looked at injury rates for some of the more labor-intensive industries, including healthcare, and compared the number of OSHA inspections for each.  In 2010, the construction industry employed 9.1 million people and there were 74,950 injuries that required employees to take days off of work.  OSHA conducted 52,179 inspections of construction sites that year.  The healthcare and social assistance sector, which employed 18.9 million people in 2010, saw a total of 176,380 injuries that required employees to take time off.  Only 2,504 OSHA inspections of healthcare and social assistance facilities took place.

One potential reason for the disparity in OSHA regulation between these industries is the severity of the injuries suffered in each.  Workplace injuries for construction employees are much more likely to be fatal; 774 construction workers died in 2010, compared to 141 healthcare worker deaths.  This, however, does not justify the lack of regulation of working conditions for healthcare workers.

OSHA Regulations Do Help Keep Health Care Workers Safe

In the 1990s, OSHA did have some success in passing safety regulations specifically targeting healthcare facilities.  The Bloodborne Pathogens Standard, passed in 1991, has dramatically reduced the spread of infectious diseases among healthcare employees.  The Needlestick Safety and Prevention Act of 2000 went even further to ensure proper handling of hazardous materials. Both of these regulations have been largely successful in their implementation without causing a financial strain on businesses.  Attempting to draft and pass these regulations, however, is an uphill battle for OSHA, whose standards must be approved by Congress before taking effect.

The study concluded by offering some suggestions to address the gaping holes in safety standards for healthcare facilities. To prevent back injuries and other musculoskeletal injuries, the use of a lifting device or aid should be required when moving or transferring patients.  The authors suggest extending the current bloodborne pathogen standards to require a thorough log of all sharp device injuries, updated technology for disposal of sharp devices, and employee input on new sharp device purchases.  Employers should adopt a zero-tolerance policy for workplace violence and threats of violence, and employees who report these instances should be protected.  Most importantly, OSHA must fulfill its commitment to ensure a safe workplace for every employee by increasing the number of healthcare facility inspections and developing new protective legislation.

Media, PA Workers’ Compensation Lawyers at Schmidt, Kirifides, & Fridkin Help Injured Health Care Employees

If you or a loved one has suffered a workplace injury or illness in a healthcare facility, an experienced Pennsylvania Workers’ Compensation attorney can help you file a claim and get you the care you deserve.  The Media, PA injury law firm of Schmidt, Kirifides, & Fridkin will help you through every step of your Workers’ Compensation case with compassion and care.  With offices located in Media and Philadelphia, PA and Wilmington, Delaware, we serve clients throughout Montgomery County, Chester County, Delaware County, Philadelphia County, Bucks County, and Berks County.  Call us toll-free at 1-877-268-6466 or contact us online to speak to one of our qualified Workers’ Compensation attorneys.

Media Workers' Compensation Attorney obtains $95,000 Settlement

On July 16, 2013 Workers' Compensation attorney Mark R. Schmidt settled the claim of a 64 year old cement mason from Upper Darby, Delaware County who was injured on April 16, 2012.  The injured worker received benefits for lost wages and medical treatment from the date the injury occurred up until the date of settlement, and an additional $95,000.00 representing future compensation.  The Insurance Company had filed multiple Petitions challenging the employees right to ongoing medical treatment based on a Utilization Review, and his right to benefits for lost wages, based on a Labor Market Survey. [Visit our website for a discussion of Labor Market Surveys and Utilization Reviews].

If you have been injured at work, you need the advice and experience of a dedicated Work Injury lawyer.  For a free consultation, call the Workers' compensation lawyers at Schmidt, Kirifides & Fridkin at 1-877-268-6466 or contact us online at SKFtrialattorneys.com for a FREE consultation.