Shollenberger Januzzi & Wolfe, LLP

Workers' Compensation

How Do You File a Workers’ Compensation Claim?

Employers throughout the State of Pennsylvania – and nationwide – are required to carry workers’ compensation insurance for their employees. This means that if you’re injured in the course of your work, you can seek recompense through a workers’ compensation claim. If you find yourself in a difficult situation, having...

What Is Asbestos, and Why Is It Dangerous?

Asbestos is a naturally occurring compilation of fibers that are resistant to both dangerous chemicals and fire, which made it popular as a means of bolstering safety in the past. Over time, however, the risk factors associated with asbestos outpaced the benefits, and there is now a direct link between...

How workers' compensation can help when an employee dies

Losing a loved one unexpectedly is tragic in any situation. It can be particularly difficult for survivors to cope with losing a family member due to their employment. The deceased employee’s efforts to support the family result in his or her premature demise. The entire family has to adjust to...

Why a lawyer’s early help matters in workers’ comp claims

Employees who get hurt on the job are potentially eligible for certain benefits. Workers’ compensation coverage can replace someone’s lost income if they cannot work due to their medical challenges. Workers’ compensation can also pay for necessary medical treatment for injuries or job-related illnesses. Frequently, employees make the mistake of...

The dangers of workplace chemical exposure

While people think about the risk of workplace injuries due to accidents, workers in many workplaces also face other risks every day. One workplace risk that is common in many different industries is chemical exposure. What should workers know about hazardous substances in their workplace. Employers must prepare workers for...

What if your job causes hearing loss?

When most people think about work-related injuries and health conditions, they often think about accidents or exposure to dangerous substances. However, many people may not think about the risk to their hearing caused by workplace conditions. What should workers know about work-related hearing loss? How common are conditions that contribute...

4 hidden workplace hazards

Many workplace hazards are immediately apparent: power tools, heavy machinery, toxic chemicals and other risks. However, other risks may go unnoticed in a workplace. What hidden workplace hazards should you be aware of? 1. Sedentary work While many might think that workers who do not perform heavy lifting, work with...

What is a “specific loss”?

In some cases, workers’ compensation benefits allow workers to take time away from work to heal after a workplace accident. Sometimes, though, workplace accidents or work-related conditions have a permanent impact on your ability to use one or more parts of your body. How does Pennsylvania address these “specific losses”?...

4 common injuries experienced by warehouse workers

Especially as online shopping becomes more common, many workers find employment in warehouses. Unfortunately, work in the warehouse industry is dangerous, and some examinations of the data around workplace injuries indicates that warehouses have a higher than average rate of fatal injuries. What injuries commonly impact warehouse workers? 1. Motor...

What if my workers’ compensation claim is denied?

When you file a workers’ compensation claim after suffering a workplace injury, you expect your benefits to come through. You may check your mailbox each day, hoping to see what compensation you will receive as you recover. But then, instead, you receive a notice that your workers’ compensation benefits have...

Three accidents that warehouse workers see daily

Most people have negative connotations with Amazon warehouses due to the countless headlines surrounding employees’ treatments and injuries across the United States. However, most people underestimate exactly how many accidents happen on the warehouse floor. Between dangerous equipment, shifting work environments and distracted co-workers, accidents happen almost every day. Some...

The long-term effects of knee injuries at work

Most warehouse employees are fully aware of the physical demand of their job, and they may even feel the physical demands on their bodies. Unfortunately, most of the demand affects the lower body, including the knees. There is a chance where retired or experienced warehouse employees decide to replace their...

Amazon warehouses have more injuries than industry standards

A recent investigation found Amazon warehouse employees are experiencing severe injuries, especially in the Fresno fulfillment center in California. The Federal Occupational Safety and Health Administration estimates over 300 work-related injuries at one warehouse – almost triple the national warehouse industry standards. According to Lake County Record-Bee, the Fresno center...

The most dangerous pieces of workplace equipment

Industrial equipment makes most workers’ lives easier because it lifts, transports and cuts materials into manageable chunks. It’s incredibly convenient for industrial or warehouse employees. However, machinery also is terribly dangerous if misused or defective. According to the Occupational Safety and Health Administration (OSHA), some of the largest hazards for...

Violence against healthcare workers increases

Healthcare workers sacrifice their time and energy to help people around the country. Doctors and nurses work long shifts to ensure their patients get the best treatment and receive the proper care they need. However, medical staff is more likely to be suffering from emotional trauma and physical assault due...

An employee applied for workers’ compensation in two states

A bridge worker went beyond the standards of traditional process and applied for workers’ benefits in two states, Pennsylvania and New Jersey, after they injured their hand while working on the bridge that crosses the states’ borders. The case is unique because the worker injured their hand during the improvement...

Can I receive workers’ compensation for my psychological illness?

Some job requirements include stressful tasks. Perhaps after years of working, you begin to experience drastic symptoms related to your deteriorating mental health, and you believe that your worsening mental state is a direct result of your workplace. The state of Pennsylvania works to compensate those who experience mental health...

Dangers of silica dust (part 1): Who’s at risk?

Industrial workers, construction workers and miners are exposed to all kinds of hazardous substances on the job. One of the most common is silica dust. With particles 100 times smaller than sand, silica can readily enter the lungs and cause permanent damage, including lung cancer, chronic obstructive pulmonary disease (COPD)...

What every nurse should know about needlestick injuries

Nurses face all kinds of occupational risks: heavy lifting injuries, exposure to biohazards, increased stress and fatigue from overwork, and even violent patients, to name a few. One of the biggest dangers they face on a daily basis, however, is needles. Nurses have the highest rate of needle pricks among...

The dangers of night shifts for medical workers

Shift work is a way of life for many in the medical field. Emergencies happen around the clock. Doctors, nurses, pharmacists and other medical professionals rarely have the luxury of working 9 to 5. For many, shift work has benefits: more flexible hours, the ability to work part-time and longer...

When can employees get workers’ comp for PTSD?

The question recently came to light in a newsworthy case involving two Microsoft employees. The employees sought workers’ comp for PTSD (post-traumatic stress disorder) after serving on the company’s “Online Safety” team, where they were required to view horrific images and videos involving abuse, rape, murder and child pornography for...

Will workers’ comp cover parking lot injuries?

Workers’ compensation provides a safety net for employees who suffer job-related injuries or illnesses. Generally speaking, employees can’t get workers’ comp for injuries that took place while commuting to or from work. A car accident on the way to work, for example, probably wouldn’t be covered. However, not all cases...

Widow wins survivor benefits after husband worked himself to death

Most fatal work injuries result from sudden accidents: vehicle collisions, falls, equipment malfunctions and the like. However, as one case illustrates, job-related deaths can happen out of the blue from something as simple as overwork. Two decades of backbreaking labor The wife of a Pennsylvania worker found herself without a...

The types of injuries to which workers’ comp applies

Workers need to know what types of injuries may be covered by workers’ compensation so that they know when to seek this compensation and what they may be responsible for on their own. Generally speaking, workers’ comp may cover the following: – Preexisting conditions that are made worse or accelerated...

How dangerous is popcorn lung disease?

It is hard to believe something as delicious as popcorn can pose hazards to a person’s health, but sadly, it is true. Workers employed in industrial settings in which flavored microwave popcorn is manufactured can suffer from serious health conditions. These illnesses occur by inhaling the chemicals used to make...

Are illnesses covered by workers’ compensation?

Workers’ compensation will not cover every little ache or pain employers may experience, but this type of employer-provided insurance can cover many serious illnesses. The key factor that decides if an illness is covered is whether it is work-related or not. As workers’ compensation exists to assist those who were...

Can I sue my employer for my work injury?

Unfortunately, workplace accidents in Pennsylvania occur all too often, leaving the state’s workers injured, disabled or even dead. When these accidents occur due to an employer or co-worker’s negligence, it is even more tragic as the accident likely could have been prevented. Many industries in Pennsylvania and elsewhere may have...

Pennsylvania workers’ compensation 101

Being seriously injured on the job sounds frightening, and it is. Often, the first thing injured workers think about is whether or not they will have to miss work and how they will care for their families. Workers’ compensation is the answer to the latter part of that equation, and...

Coal industry allegedly stalls black lung disease benefits

Black lung disease remains a health risk for Pennsylvania coal miners. Statistics from the federal Department of Labor show that black lung disease killed over 70,000 workers from 1970 to May 2013. Historically, the disease has killed more miners than cave-ins and explosions. The Federal Coal Mine Health and Safety...

Pennsylvania employers required to post worker safety notices

Employers in Pennsylvania are legally obligated by state and federal laws to inform employees about workplace safety and the availability of workers’ compensation insurance for injured employees. All workplaces need to have a poster in a visible location that explains the rights and obligations of workers as mandated by the...

Many eligible workers fail to file for workers’ compensation

Pennsylvania workers may be interested to learn that on March 4, the Labor Department released a report charging that the workers’ compensation system is inadequate and is a contributing factor in the growing gap between the rich and poor. According to the report, an on-the-job injury affected workers’ earnings for...

Dangers of silica exposure in Pennsylvania workplaces

Natural stone countertops are extremely popular, resulting in the employment of many in the associated manufacturing, finishing and installation industries. Workers whose regular employment involves working with natural stone have a heightened risk of developing serious health problems through exposure to silica. They should thus take preventative measures in order...

Telecommuting and workers’ compensation

Pennsylvania residents may be unaware that workers’ compensation coverage may be available to workers who work a portion or all of their jobs at home. In the event an injury happens while they are completing tasks in the course of their employment, they may be able to pursue a claim...

Asbestos-related disease statistics

Although many people in Pennsylvania may have heard of asbestos-related diseases, such as mesothelioma, they may be unaware of the extent of the problem asbestos poses worldwide. A commonly-used material, the substance is carcinogenic to humans and causes the deaths of 107,000 people worldwide from its effects every year. Exposure...

About Pennsylvania workers’ compensation benefits

The Pennsylvania workers’ compensation program is designed to provide financial assistance to individuals who suffer an injury while on the job or who become sick due to their work environment. However, the complexity of the claims process sometimes makes obtaining all of the available benefits a challenge for an injured...

What workers’ compensation benefits are provided in Pennsylvania?

By law, most Pennsylvania employers must carry workers’ compensation in the event any employee incurs a work-related illness or injury. Under the insurance claim, workers may be entitled to receive certain payments based on the severity of their workplace injury or illness. Under workers’ compensation, eligible employees receive payments for...

Understanding the workplace safety rights of federal employees

Pennsylvania federal employees may be interested in some information about their rights regarding workplace safety. Federal law grants these rights and sets specific requirements for federal agencies. According to the Occupational Safety & Health Administration, these federal agencies have to meet certain standards for employee safety. OSHA says that these...

Court ruling grants injured employee workers’ comp benefits

According to an August 11 ruling by the Pennsylvania Commonwealth Court, Vitas Healthcare Corporation was ordered to pay a past employee workers’ compensation benefits for injuries he suffered even though the employee had declared to his manager that he was quitting his job. Information from the court ruling showed that...

High court rules legal status does not affect workers comp

Immigration issues are a hot-button topic around the country, and the highest court in Pennsylvania has weighed in on the subject of immigration as it relates to workers’ compensation benefits. The ruling concerns a claim filed after a South American immigrant filed for benefits following a workplace accident in July...

Turnpike worker killed, another injured

An 8 a.m. accident on the Pennsylvania Turnpike on June 1 resulted in the death of a construction worker and injury to another. A tractor-trailer entered a lane that had been blocked to permit workers to do repair work. Police are continuing to investigate the accident that closed the highway...

OSHA fines oil company in connection with refinery explosion

Pennsylvania workers may be interested in recent news regarding a 2013 explosion at a Mississippi refinery that left one worker dead. On April 24, the Occupational Health and Safety Administration released its findings to a month-long investigation into the explosion and fire at Chevron’s Pascagoula refinery on November 15. OSHA...

School worker injured in incident with student

A Pennsylvania school worker was knocked unconscious on March 21 after he was reportedly attacked by a student. The workplace injury happened at John Bartram High School, which is on South 67th Street in Philadelphia. According to authorities, the worker and a student exchanged words while students were changing classes....

Pennsylvania foundry fined for repeat safety violations

The Occupational Safety and Health Administration has issued citations to Domestic Casting Co. LLC for 26 safety violations at its foundry in Shippensburg. The citations follow a complaint and subsequent inspection of the facility in August 2013, at which time the inspector found violations similar to some that the company...

Trooper qualifies for workers’ compensation

The Pennsylvania Supreme Court ruled in favor of a state trooper who sought workers’ compensation benefits after a fatal pedestrian accident. Originally, the Commonwealth Court and Workers’ Compensation Appeal Board denied benefits to the trooper, saying that dangerous situations should be expected in his line of work. The Supreme Court,...

Lawmakers seek changes to black lung benefits program

Lawmakers are working on a piece of legislation that will help overhaul workers’ compensation for black lung, a condition that affects many Pennsylvania coal miners. The program was started in the 1960s to help coal miners who suffered from the disease unique to the occupation. Advanced black lung is a...

Computer problems slow down workers’ comp claims

An update to a government computer system in Pennsylvania has brought the workers’ compensation system to a stop. The new system was supposed to improve and overhaul the process for filing workers’ compensation claims, but the new system seems to be having the opposite effect. Problems range from the inability...

Workers in D.C., Pennsylvania seek money after 9/11

Some emergency workers in Pennsylvania and Washington, D.C., are pursuing legal claims and health benefits similar to those that their New York counterparts received after the Sept. 11 attacks, federal officials say. Federal reports listed at least 91 people who claimed they were injured on the job at the two...

Coal miners’ widows finally receive benefits

Pennsylvania residents may be interested in a ruling that occurred in a Richmond, Virginia court, in which changes in health care reform will allow widows of coal miners to receive benefits. Originally, widows were unable to receive benefits unless they were able to certify that their husbands’ deaths were caused...

Pennsylvania: No Vested Rights in Pay Increase For Workers

Pennsylvanian workers’ compensation judges, considered management-level government employees, have recently gone to court regarding raises that were given to them and then later rescinded by the government. A three percent raise was instituted in March of 2008 and then recalled in Dec. of 2008 due to difficulties with the state...

On-the-job safety needs national improvement

Pennsylvania residents know that May Day and, by association, the entire month, is connected with the rights of workers around the globe. Employees in Bangladesh, for example, seek justice after 400 individuals died when a building collapsed. Other workers look for benefits, increased money or better conditions at their jobs...

Disney contractor fined $60,000 after worker hurt

Employers from Pennsylvania to California are considering the implications after a contractor for Disney was fined almost $61,000 by Cal/OSHA on April 19 after they violated a number of safety rules. A 37-year-old contractor sustained broken bones in Nov. 2012 while working on the Space Mountain attraction when the ropes...

Most Pennsylvania employers see worker’s comp rates fall

Pennsylvania has just reduced the rate that employers are required to pay for worker’s compensation. The rate decreased by 4.01 percent, effective beginning April 1. It is good news for employers in the state. According to the Pennsylvania Department of Insurance, employers will save an estimated $110 million in annual...

Employer faces charges over disputed Social Security funds

The 53-year-old owner of a business headquartered in Pennsylvania faces allegations of failing to provide worker’s compensation insurance for employees after a 57-year-old employee had a finger cut off on the job. When he tried to have worker’s compensation pay for his medical expenses, he discovered that the company no...

Some injuries that keep workers down are emotional

It has almost been two months since the tragedy at Sandy Hook Elementary shook the world. While hearts everywhere were broken by the deaths of the 20 children and six adults, those who were not directly connected to the victims can’t know the pain that family and friends are going...

Police work is getting safer in the United States

Many assume that working as a police officer is one of the most dangerous professions. But safety efforts to protect officers throughout the United States have apparently paid off, according to numbers of police fatalities that occurred this year. Certainly there are still risks that officers face when they are...

Officer’s push-up injury classified as work-related

An appeals court in an out-of-state case recently awarded a police sergeant who was forced to do pushups in preparation for a fitness test more than $12,000 in workers’ compensation benefits. The somewhat unique case could have far-reaching implications for companies across the country. The Post-Crescent newspaper recently reported on...

Man fired for cause also denied workers’ comp

A recent ruling in Pennsylvania denying an injured man workers’ compensation benefits should leave many people scratching their heads about how well workers are treated. The man was fired from his job after it was discovered that he had a loaded weapon inside a company vehicle, and his benefits were...

Pennsylvania Company Cited for Workplace Hazards

The Occupational Safety and Health Administration (OSHA) recently cited a die manufacturer in Phoenixville, Pennsylvania for 14 safety violations, 13 of which are considered serious. Danco Precision Inc. faces $55,000 in proposed penalties for the assorted workplace safety violations. The company employs about 40 workers who manufacture dies, electrical magnetic...

Changes at the Pennsylvania Workers’ Insurance Fund

Yesterday the Pennsylvania State Workers’ Insurance Fund (SWIF) announced it would be consolidating two departments. The divisions of claims and field operations will be combined into the new claims services division. The SWIF was created in 1915 and is operated by the Pennsylvania Department of Labor and Industry. According to...

Pennsylvania Court Rules Subcontractor Has Statutory Employer

In a recent unanimous decision, the Pennsylvania Supreme Court ruled a subcontractor was entitled to workers’ compensation benefits from the business who hired him. This is a “game-changing” decision, giving many more contractors the right to claim workers comp benefits if they are injured on the job. In the case,...

Pennsylvania man who suffered stroke gets workers’ compensation

A Forks Township, Pennsylvania, man who suffered a stroke while working at a foundry has been awarded workers’ compensation benefits in what’s been called an unusual case. What makes the case atypical is that claims of medical problems such as strokes, heart attacks and psychological illness caused by working conditions...

Pennsylvania firefighters may get workers’ compensation for cancer

Workplace accidents that cause injuries like broken bones or serious head trauma are often more easily documented than illnesses contracted in the workplace. But in certain circumstances, workers do contract a work-related medical condition and seek compensation for medical expenses and lost wages that can result. York County firefighters deal...