Montgomery & Bucks County Workers' Compensation Law Blog

Is a franchisor liable as a statutory employer for injuries sustained by a franchisee employee?

Until recently, the relationship between a franchisor and a franchisee meant that the franchisor was not a statutory employer and thus not liable for injuries sustained by a franchisee employee. Now the Pennsylvania Supreme Court is set to weigh in on the issue.

The case involves a franchisee employee who slipped and injured both his knees in a Philadelphia Saladworks restaurant and applied for Workers Compensation benefits from the franchisee. Since the franchisee did not have workers' compensation insurance, the injured worker also filed a claim against the Uninsured Employers Guaranty Fund (UEGF).

The fund then moved to join the franchisor as a statutory employer of the injured worker, but a Workers Compensation judge ruled that Saladworks, as a franchisor, was not the employer of the claimant.

Q: If I sue my former employer and get a judgment after they didn’t appear for the hearing, can that default judgment be thrown out?

Choosing the proper type of claim against a client’s employer--such as personal injury vs. workman’s compensation—is only part of an attorney’s job.
Read more . . .

What are the causes of pedestrian accidents?

Pedestrian accidents appear to be becoming more and more frequent. The National Highway Traffic Safety Administration (NHTSA) reported 4,735 pedestrian fatalities (14 percent of all traffic fatalities) in 2013. In addition, 150,000 pedestrians were injured severely enough to seek medical treatment during that same year. If you or a loved is a victim of a pedestrian accident, once you are able to, you should contact a first-rate personal injury attorney to ensure that you receive the compensation you deserve.

Are there other health hazards associated with occupational hearing loss?

We have long been aware that exposure to loud noise, whether at the workplace or elsewhere, can lead to serious hearing loss. Occupational hearing loss results from damage to the inner ear as a result of noise or vibrations experienced by workers in certain occupations. Examples of jobs that regularly expose their workers to excessive noise are those involving: construction, farming, factory work, airline ground maintenance, and any jobs where employees are exposed to loud music, machinery, crowds or loud voices. Interestingly, teachers and nursery school workers are number 10 on the list of employees exposed to the most noise.

It is troubling enough to know that your hearing is being constantly assaulted at the workplace, but recent research demonstrates that exposure to long-term loud noise is also associated with coronary heart disease.

What are the common injuries associated with office work?

Some workplaces in Pennsylvania are known to be risky for workers such as coal mines, construction sites, manufacturing plants, refineries and factories. Many workers in these industries suffer injuries from falls, falling objects, equipment failures, explosions and exposure to hazardous substances. When it comes to office work, however, many people think the greatest risk is aggravation from coworkers and superiors. But work related injuries also frequently occur in offices. That's the bad news.

If you suffer a personal injury does your family member have a claim?

If you were injured in an accident of any kind, you have no doubt seen the impact it has on your daily life. While it seems natural that you life should change, many are surprised that an injury can have a major impact on the lives of their family members as well. If a family member is seriously impacted by your personal injury, he or she may have a legal claim. 

Mostly reserved for spousal and parental relationships, the State of Pennsylvania allows family members to recover losses caused by the personal injuries you sustained.  One of these claims is called loss of consortium.

Why are Florida businesses fighting the recent state Supreme Court ruling on workers' comp?

Florida's state Supreme Court recently upset businesses in the state by striking down caps on attorneys' fees in workers' compensation cases. The businesses are rallying their forces to fight back, saying this ruling could cost business owners hundreds of millions of dollars.

The crux of the decision is that attorneys who choose to represent employees in workers' compensation disputes are not limited in what they can charge anymore. In the case the court considered, the lawyer had been paid less than $2 an hour (!) to fight for his client.

Two Opposing Views

While insurance companies are requesting the increase from state regulators, lobbyists for business interests are loudly objecting to what they say will be a 17 percent proposed hike in workers' comp insurance premiums.
Read more . . .

What are the differences between a workers’ compensation claim and a personal injury lawsuit?

If you are injured in a work related accident it can be difficult to decide who is to blame and who should be held accountable. Although most employers carry a workers’ compensation policy by law, it might not be appropriate for you to file a claim with their carrier. Under certain circumstances, it might be necessary to file a more traditional personal injury lawsuit instead. These types of actions are very different from one another. We will discuss the differences and when each is appropriate below.

A recent case in Pennsylvania points out some discrepancies in workers' compensation claims and distributions of benefits. Generally speaking, injuries in an employer's parking lot are not covered by workers' compensation if they occur as the worker is coming or going from the workplace, whether or not he or she has yet clocked in. Injuries that take place when an employee is engaged in employment activities, whether in the parking lot or while driving or at a work-related venue, are covered.

Proving Liability for Workers' Comp

In order to claim workers' compensation, the injury must have:

• Occurred on the employer's premises
• Occurred while the employee was on said premises as a requirement of employment
• Occurred due to the condition of the premises or by some aspect of the employer's operation

The case in question, Quality Bicycle Products, Inc. v.

Will you be covered by worker’s compensation if you are injured rendering aid to an injured coworker?

Injuries at work are a common occurrence. You can be injured in any number of contexts including while you are actively engaged in your duties, while you are on break and even while you are preparing to begin or end your shift. Most of the time you will be covered by your employer’s worker’s compensation insurance. But, what if you are injured while going to the aid of one of your co-workers? Will you still be entitled for worker’s compensation benefits? The answer is that at this time it is unclear.  This very issue is the subject of a Pennsylvania case.
Read more . . .

When are stores responsible for patrons' personal injuries on their premises?

Thousands of personal injury claims filed in the U.S. annually are the result of injuries that have occurred during shopping expeditions. Although most of us do not view shopping as a dangerous activity, injuries that take place in stores, shopping malls and other retail establishments can be severe, life-changing, and even, on occasion, fatal.

Types of Shopping Injuries

Many shopping injuries are minor and may involve small cuts or bruises, but others are serious and need emergency attention.
Read more . . .