The Blog

Fibromyalgia – It’s Not in Your Head

For years patients suffering with the chronic muscle pain, fatigue, and sleeplessness associated with Fibromyalgia were told it was all in their heads.  A recent article published in USA Today discusses the physiological cause for Fibromyalgia.  This is good news for sufferers as the more experts learn about the cause of the syndrome, the better they can diagnose and treat the condition.

Today, though, there is no specific test to diagnose Fibromyalgia.  This can make it difficult for those afflicted with Fibromyalgia to obtain Social Security Disability benefits.  Judges can be hesitant to approve cases for medical conditions that cannot be objectively identified through testing.

Our recommendation? Begin treating with a rheumatologist.  The American College of Rheumatology has published guidelines for physicians to use for diagnostic purposes.  Diagnosis and treatment by a rheumatologist can help make your case in front of an otherwise cynical Judge.

If you or someone you know is disabled due to Fibromyalgia, call our Social Security team to help you navigate through the red tape of the Social Security Administration, get you the right medical treatment, and get you the benefits that you have earned.

For more information on the recent Fibromyalgia research, read the article New research sheds light on mysterious fibromyalgia pain published in USA Today.

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‘Tis the Season for Temporary Employees

The holidays bring peace, joy, hope – – and a lot of extra spending.  To help ease the financial burden that the holidays often bring, many of us pick up seasonal employment.

Many workers are not familiar with this type of employment.  Here are a few things you should know:

  • Your workers’ compensation benefit is based on ALL lost wages – If you work multiple jobs your wage loss benefit is calculated based on all of your lost income, not only from the job where you were injured.
  • You are entitled to workers’ compensation benefits for ANY lost wages  – If you work two jobs and you can work one but not the other, you can collect workers’ compensation benefits for the part of the income that you’ve lost due to your injury – even if you can do the job where the injury occurred.

If you have questions about an injury that occurred during a temporary or seasonal job, call Banks Law today at 215.561.1000.  You work hard.  Put us to work to protect your rights.

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Occupational Disease: Can you sue your employer for negligence?

Occupational Disease

The Pennsylvania Workers’ Compensation Act is commonly understood to provide injured workers the right to prompt compensation in exchange for giving up the right to sue their employers for negligence.   In a recent decision, the Pennsylvania Supreme Court opened the door to negligence claims against employers, in the case of some occupational illnesses.

The Workers’ Compensation Act provides coverage for work-related illnesses that cause disability or death.  The Act states that you must file claims for these illnesses within 300 weeks of the last time you were exposed to the hazardous condition that caused the illness.

Some occupational illnesses, many cancers for example, do not develop for years and even decades after a workers’ employment.  The Pennsylvania Supreme Court held that since the employee (or his dependents) cannot receive the benefits provided by the Workers’ Compensation Act, the employer is not subject to the protection against litigation provided by the Act.

If you, a friend, or loved one is suffering from or has died from an occupational illness, please call us at 215.561.1000. We’re here to help.

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