By: James R. Burn, Jr.

Under the Pennsylvania Worker’s Compensation Act, an employer has 10 days to notify their insurance carrier of a work-related injury from the date the injury was reported by the injured worker.

If you are injured at work no matter how minor, it is very important that you immediately notify your supervisor and insist that an accident report be completed. Whether you notice a small pain in your back, incur a scrape, or feel some pain in your arm or shoulder after lifting, this first step is critical. You may think that it’s nothing serious and hesitate to “aggravate” your employer; however, the most important thing is your health, not an employer whose obligation is to comply with the law and report work injuries.

That scrape, bump, or bruise could be the first sign of something far worse. Infections from scrapes can occur weeks after the event. Bumps or bruises can be first sign of a more serious injury that develops over time. A low back ache can become a herniated disc with conditions manifesting much later or becoming much worse as you continue to work.

Not reporting an accident in a timely fashion and not insisting that an accident report be filed can sometimes make it difficult and unfortunately, in some cases, impossible to recover in a workers’ compensation benefits. Employers will argue that they had no knowledge of the event and defense attorneys will point out the fact that the injury was not reported until weeks or months later calling into question the credibility and the honesty of the individual who was simply trying to be nice or “do the right thing.”

You can do the right thing by filing the accident report immediately and insist on a copy. Your health may depend on it.

By: Edward Jaffee Abes

As a general rule, Veterans with discharges other than Honorable Discharges face many limitations to their Veterans’ Benefits. One of those limitations is being lifted.

Beginning July 5, 2017, all veterans will have access to VA Hospital emergency rooms for mental health treatment. Veterans with mental health issues, such as PTSD, suicidal thoughts, diagnosed mental diseases, can receive up to 90 days of treatment for mental health emergencies. Treatment may include residential, inpatient, or outpatient services.

Estimates put the number of veteran suicides at 20 per day. This new program is aimed at lowering that number.

The Veterans Crisis Line is also open to all veterans in need of immediate mental health assistance. To access the program, call 800-273-8255 and press 1, text 838255, or visit https://www.veteranscrisisline.net.

Treatment is important, but so is making sure once treatment concludes Veterans have a stable, secure home, food, and medical care so that they can focus on getting better. The attorneys at Abes Baumann work every day to ensure disabled Veterans get all the benefits they earned.

By: Eric D. Abes

Last week, the White House announced a new hotline for Veterans to call with complaints and concerns about the Department of Veterans Affairs. Everything from late payments, delayed or poor medical care, to poor hospital conditions can be reported. As the Military Times reported here, the new hotline is to collect, process, and respond to the complaints of individual veterans in a responsive, timely, and accountable manner.

The hotline is currently in the “soft launch” stage. By August 15, it is supposed to have staffing by live operators 24 hours a day, 365 days a year. All calls will be confidential, but veterans will be asked for personal information if it is needed to resolve a specific problem.

The number is 855-948-2311.

At Abes Baumann Attorneys, we applaud anything that can give veterans a voice. But sometimes a voice is not enough. When you need help obtaining the benefits you deserve, let us take point.

By: Sandra Weigel Kokal

As discussed in prior blogs, the Insurance Company may try to limit your benefits with the Impairment Rating Evaluation (IRE). An IRE is a physical examination where the doctor determines your level of disability. After receiving 104 weeks of benefits, the PA Workers’ Compensation Act requires an injured worker to submit to an IRE. If the doctor finds that your impairment is over 50%, you will continue to receive total disability workers’ compensation benefits. However, if the doctor finds your impairment is less than 50%, your status will change from total to partial disability.

A recent Supreme Court case, Duffey v. WCAB (Trola-Dyne, Inc.) has given doctors more direction on what is required in their IRE examinations. According to the Supreme Court decision, a doctor performing an IRE must consider ALL of the conditions that the doctor believes are related to the work injury, including any psychological injuries (such as depression or post traumatic stress disorder) that might occur as a result of the work injury. Therefore, even though the description of your injury on the Notice of Compensation Payable (NCP) might not include all injuries, the doctor must address all possible work related injuries. The Supreme Court stated that the doctor is required to render a detailed whole person evaluation in order to support any change in workers’ compensation benefits. This means the whole body evaluation cannot be withheld based on the employer’s description of your injury on the NCP. Your IRE could be found invalid if the doctor fails to perform a whole body impairment evaluation.

Since an IRE can limit your workers’ compensation benefits, the best way to protect yourself is to contact one of the attorneys at Abes Baumann to review the IRE and determine its accuracy.