How will health law affect Pittsburgh workers’ compensation?
In June, the Supreme Court ruled to uphold the Patient Protection and Affordable Care Act.
Has Your Workers’ Compensation Insurance Carrier Told You That You Must Meet With a “Vocational Counselor?”
If you are receiving workers’ compensation benefits the insurance company may tell you that it wants you to meet with a “vocational counselor.” They may even tell you that the vocational counselor will help you to get back to work. You should know that a vocational counselor hired by the workers’ compensation insurance carrier is NOT interested in helping you get back to work. Rather, the vocational counselor is working for the insurance carrier with one goal in mind – stopping your workers’ compensation benefits.
Unfortunately, Pennsylvania law dictates that, in most cases, an injured worker can not refuse to meet with a vocational counselor. However, the injured worker does have the right to have his/her attorney present when he/she meets with the vocational counselor. At Abes Baumann, we do not allow our clients to meet with vocational counselors unless we are present as well. Usually, the mere presence of an attorney is sufficient to prevent vocational counselors from askng questions that are overly broad or simply too personal. Nonetheless, if such questions are asked, we refuse to allow our clients to answer them. We also insist, prior to the time of the meeting, that the vocational counselor clearly state the reasons why he/she was retained by the insurance carrier.
There are a small percentage of cases in which the insurance carrier may NOT be able to force an injured work to meet with its vocational counselor. For instance, if the insurance carrier has had multiple vocational interviews in the past, and the injured worker hasn’t returned to work to since the last interview, the insurance carrier may not be able to compel another interview. Whether or not your insurance carrier can have you examined by a vocational expert requires a careful review of the facts in your case.
We have the best opportunity to protect your benefits when we are involved in your case at the earliest possible time. Therefore, if your insurance carrier has told you that you must meet with a vocational counselor, please call us at once at 412-228-4786. You should also be aware that we do NOT charge any sort of fee for speaking with you on the phone or for meeting with you and the vocational counselor.
Fatal accident kills Pennsylvania police officer
A deadly accident took the life of a Pennsylvania police officer on Sunday, July 8. The fatal accident happened on I-95 when the officer was riding home early that morning after a work shift. What resulted was a tragedy that no one ever hopes to experience.
Another vehicle was on the road at the same time, but was heading in the wrong direction. The wrong-way driver struck the officer’s motorcycle head-on. The officer was pronounced dead at the scene of the accident. A witness recounts that the driver was standing next to his car with his back to the accident, visibly upset.
The driver sustained injuries requiring surgery. He has been charged with third-degree murder, DUI and various related offenses. The deceased police officer left behind a wife and three children.
While the accused man could spend many years in a Pennsylvania prison if he is convicted of the charges filed against him, it does not help the family bring their loved one back. In cases like this, the family of a victim may wish to hold the responsible driver further accountable for his or her actions. A family may wish to assess their right to file a wrongful death civil action against a driver for negligent and perhaps reckless conduct in causing the fatal accident.
While little can ease the grief this family must feel for the loss of this husband and father, a successful claim may help assign accountability and serve as a message that drunk driving will not be tolerated on Pennsylvania roadways.
Source: NBC 10 Philadelphia, “Woman Saw Fatal Philly Police Crash: “It Was The Scariest Thing I’ve Ever Seen”,” Karen Araiza, July 10, 2012
What Is Posted on Facebook (Or Similar Sites) May Well End Up in Court
When a party is involved in a lawsuit he, she, or it (in the case of a corporation), is subject to the process known as Discovery.
Pittsburgh-area hit-and-run accident seriously injures 1
A recent hit-and-run accident in the Pittsburgh area has resulted in serious injuries to one person.
Nonresident workers can get Pennsylvania Worker’s Compensation for injuries incurred in this state
There has been an influx of workers from out-of-state working in the gas fields of Pennsylvania in the Marcellus shale boom.