Commonwealth Court Finds Ongoing Workers’ Compensation for Occupational Asthma Claim
The Commonwealth Court decided the case of Little v. WCAB (Select Specialty Hospital), on January 9, 2015. The Court held that a Claimant who develops asthma caused by exposure to chemicals at her work place is entitled to ongoing workers’ compensation benefits. This is an important decision because the Court,… Read More
Specific Loss In Pennsylvania: Limited Compensation, But Better Than Most States
The loss of a body part is a tragic and traumatic disruption to who you are as a person and your everyday life. I wish I could give my injured clients full use of their body and return them to their pre-injury condition, but as a lawyer all I can… Read More
I don’t want to file for benefits because I don’t want to cause trouble at work.
The Pennsylvania Workers’ Compensation Act was adopted in 1915. Before the “Act,” injured workers had no ability to seek income for lost wages or for medical benefits from their Employer’s after suffering a work injury. Because those workers had no chance to support themselves or their families before the Act… Read More
How Long Do I Have To Treat With The Company Doctor?
The law requires you to treat with the company or panel doctor as they are called ONLY for the first 90 days following your work injury. BUT, this requirement is only effective if your employer does both of the following things. After your work injury (not only at the time… Read More
Can My Employer Fire Or Terminate Me While I’m Out Of Work Because Of A Work Injury?
Yes. Unfortunately, your employer can fire you or lay you off even though you are out of work because of a work injury. REASON? Most employees are “at will“ employees which means that they were not hired under a specific employment contract. “At Will” employees can be fired for ANY… Read More
Who Pays For My Medical Treatment For My Work Injury And, Who Pays For My Transportation To Get Treatment?
Your employer is required to pay for all reasonable, necessary and casually related medical treatment for your work injury, regardless of what that involves. In other words, your employer must pay for your emergency room (ER) visit; any hospital stay that might be required; any diagnostic studies such as an… Read More
What Is The First Thing You Should Do After A Work Injury?
The first thing that you should do after a work injury is get medical treatment for your injury as quickly as possible. Depending on how serious your injury is, time is the essence in terms of treatment. Once you’ve determined the severity of the injury and your need for immediate… Read More
What Benefits Are Available To Me After a Work Injury?
This is one of the questions that we get asked the most: “What benefits are available to me other than workers’ compensation benefits after a work injury? Let us start with the obvious. An injured worker is entitled to wage loss and medical benefits under the PA WC Act until… Read More
Banks Law on Greenberg News – WNJC 1360 AM
The Banks Law Team makes an appearance on Greenberg News to talk Workers’ Compensation and Social Security Disability. Listen below. Learn more about Greenberg News. Read More
PA Supreme Court Finds In Favor Of Undocumented Workes
Kennett Square Specialties v. WCAB (Cruz) came before the Pennsylvania Supreme Court and was recently decided on July 21, 2014. The parties asked the Justices to decide whether it was proper for a WCJ to conclude a worker was undocumented by virtue of his invocation of his 5th amendment rights. Read More