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Course and Scope of Employment in Workers’ Comp Cases

One of the most common questions that arises in the field of workers’ comp law is “was the injury or illness caused within the ‘course and scope of employment?’” While some workers’ comp situations are straightforward – such as when an injury occurs in the workplace while an employee is carrying out his or her… Read more

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2016 PA Workers’ Comp Average Weekly Wage Announced

According to the Workers’ Compensation Act, injured workers are entitled to indemnity (wage-loss) benefits equal to two-thirds of their weekly wage for a work-related injury. However, there are minimum and maximum adjustments provided in the Act, and the benefit rate is set using the annual maximum in place at the time of injury. The maximum… Read more

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Truck drivers and workers compensation

“Are truck drivers eligible for workers compensation?” Long-haul truck drivers are usually covered by workers’ compensation insurance, also known as workers’ comp or work comp. Truck drivers suffer injuries and illnesses as a result of simply driving. However, most truckers’ job descriptions include far more than driving. They load and unload cargo, fall from receiving… Read more

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What types of workers’ compensation benefits are available?

If you are injured at work, your employer’s workers’ compensation policy must pay for your medical care, but your benefits may go much further than doctors’ appointments and health care. Depending on the type and extent of your injuries, you may be eligible for different types of financial benefits. Below, we outline four financial benefits… Read more

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UPS driver who found murder scene is eligible for workers’ comp

A UPS driver came upon the worst when he stopped for a delivery on his usual route. Inside the home, he found a 65-year-old woman lying on the floor with a fatal gunshot wound to her face. He cried and threw up while waiting for emergency responders to arrive. A month later, the driver filed… Read more

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Kansas Supreme Court rules that FedEx misclassified drivers

Another appellate court has ruled that FedEx misclassified hundreds of delivery drivers as independent contractors. The ruling, issued this month, the Kansas Supreme Court, is the second major decision to come down against FedEx in recent months. Last month, the Ninth Circuit Court of Appeals held that 2,300 drivers in California and 363 in Oregon… Read more

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Appellate Court: No worker’s comp coverage for Ayurvedic medicine

Many people who suffer severe injuries find that traditional medical treatments such as medication, injections, surgery and physical therapy do not always go far enough. To supplement these treatments, they may turn to acupuncture, massage therapy, and other alternative methods of healing. People who use alternative methods often say they find relief ”“ but when… Read more

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Court: California FedEx drivers were misclassified as contractors

Worker misclassification is a major employment issue in the U.S. Workers who are classified as independent contractors are not eligible for workers’ compensation, health insurance and other benefits. It’s a cost savings for the business ”“ and a detriment for the worker. That imbalance of benefits is one reason a recent appellate court ruling regarding… Read more

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What is the workers’ compensation offset for Social Security?

If you suffered a workplace injury or illness that is so severe that you are unable to return to any kind of job, it’s important to know that multiple types of long-term financial benefits may be available. Depending on your injuries, you may be eligible for permanent total disability compensation through workers’ compensation, Social Security… Read more

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Court: Pleading the Fifth is not enough to cut off workers’ comp

An injured immigrant worker who refused to say whether he is authorized to live and work in the U.S. will continue to receive workers’ compensation benefits even though he invoked the Fifth Amendment when asked about his immigration status. The Pennsylvania Supreme Court ruled recently that the workers’ refusal to discuss whether he was legally… Read more