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.
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.
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.
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.
The Commonwealth Court of Pennsylvania has once again issued a Decision that can be damaging to injured workers receiving other forms of benefits. More specifically, when an injured worker begins to receive Social Security benefits along with pension benefits from their employer, the injured worker may be determined by a Judge to be "retired" from the workforce, despite the injured worker's testimony to the contrary. Fortunately, in the present case, the injured worker testified, and was believed by the Judge, that they did search for alternative work within their physical capabilities for a substantial period of time. These efforts convinced the Court that the individual was not "retired", but merely received the additional benefits because it was financially sensible to do so. Keene v. WCAB (Ogden Corp.).
In a Workers' Compensation claim, where other forms of benefits may be available to the injured worker, the individual needs advice from an experienced attorney, who can explain the risks and benefits of receiving those benefits, and the actions that must or should be taken by the injured worker, in order to prevent the court from concluding that they have retired, which could completely end the injured worker's right to any future workers compensation benefits. For a free, no obligation consultation, contact the Workers' Compensation attorneys at Schmidt, Kirifides & Fridkin, 610-892-9300 or at www.SKFtrialattorneys.com
