Legal Tips Regarding Workers Comp in Pennsylvania
Injury on the job is a direct threat to your earning potential and life. Even a minor accident at your workplace can cause serious injuries that inflict physical, emotional, and financial strain. In Pennsylvania, all employers are expected to carry workers compensation insurance for regular and non-contract employees.
Many common injuries occur in the workplace, including:
- Lifting injuries
- Slip and falls
- Construction related accidents
- Safety or OSHA violations
- Forklift injuries
- Commercial trucking accidents
- Injuries due to conveyors and manufacturing product defects
- Chemical burns
A skilled Pennsylvania workers compensation attorney can help you in recovering appropriate claims for injury, loss of wages, and other expenses.
Based on Pennsylvania laws for workers compensation, the following are useful legal points:
- You have 120 days to notify your manager if a workplace accident leaves you injured or ill.
- You must seek medical treatment with one of the physicians listed by your employer for the first 90 days to receive medical reimbursement.
- If you are on a doctor-prescribed medical leave after a workplace injury for more than seven days, you are entitled to a worker compensation benefit for loss of wages.
- You have three years to file your claims for workers compensation from the date of your injury.
An experienced lawyer can answer your questions and successfully help you through the worker comp system.
Chapter 7 Bankruptcy Requirements
Chapter 7 bankruptcy is a great way for honest debtors to get a second chance. Unfortunately, there is also much potential for abuse by those simply seeking to avoid their financial obligations. That is why bankruptcy law imposes limits on who is eligible for Chapter 7 Bankruptcy. Long Island Chapter 7 bankruptcy lawyers can tell you whether or not you are eligible.
Who can file for Chapter 7 bankruptcy?
- Both individuals and corporate entities, such as partnerships and corporations, can file for Chapter 7 bankruptcy
- Chapter 7 bankruptcy is available without regard for the amount of debt or whether the debtor is solvent or insolvent
If you are filing for bankruptcy in Long Island, approach a bankruptcy lawyer in Long Island, considering that it is tough for an individual to go through the legal processes without expert help.
Who cannot file for Chapter 7 bankruptcy?
- A debtor is ineligible for Chapter 7 bankruptcy if a court dismissed a previous bankruptcy petition in the last 180 days after the debtor willfully failed to appear at court proceedings or comply with court orders
- A debtor is ineligible for Chapter 7 bankruptcy if he or she voluntarily dismissed a previous bankruptcy petition within the last 180 days after his or her creditors petitioned the court to recover property subject to liens
- A debtor is ineligible for Chapter 7 bankruptcy if he or she has not received approved credit counseling within the last 180 days unless special circumstances apply
- A debtor is ineligible for Chapter 7 bankruptcy if his or her monthly income is high enough that granting bankruptcy would be abusive under the Means Test
The Means Test
The Means Test is a complicated test used to determine if a debtor has income and resources such that granting discharge in bankruptcy would be a presumptive abuse of the bankruptcy law.
The court applies the Means Test if the debtor has a current monthly income in excess of the median monthly income in the state where the debtor filed for bankruptcy. Current monthly income is determined by averaging the monthly income the debtor received over the six months prior to filing for bankruptcy. This amount does not include social security income.
If the Means Test must be applied, the court determines the aggregate current monthly income enjoyed by the debtor over the last five years. If it is more than $11,725 or 25 percent of the unsecured debt the debtor carries, the court presumes that granting Chapter 7 bankruptcy would be an abuse of the bankruptcy law. The court will then either dismiss the petition or, with the consent of the debtor, convert it to a petition for Chapter 13 bankruptcy.
Even if the court presumes that granting relief would be an abuse of the bankruptcy law, the debtor has an opportunity to refute this presumption by showing special circumstances. The Long Island bankruptcy lawyers at the Law Offices of Kyle Norton, P.C. have dealt with this type of case before and know what the court looks for when considering special circumstances.
Contact us
For effective, professional advice and assistance when facing bankruptcy in New York and throughout the process, you need an experienced lawyer who is knowledgeable about all of the provisions of the law and who genuinely wants to help. Call our emergency legal hotline at 877-871-6179 or contact the Law Offices of Kyle Norton, P.C. online for a free consultation.
What is a duty of care?
Clients pursuing personal injury lawsuits often hear their attorneys use terms like negligence and duty of care when presenting a case. Knowing what terms mean helps to demystify and better understand the legal process.
A personal injury is a type of tort case, and Georgia law recognizes a tort as the violation of a private right or public duty (not a breach of contract) that causes damage to an individual. When a Georgia law firm negotiates a settlement or brings a personal injury case before a judge and jury, their lawyers must show that another party harmed their client whether through outright wrongdoing or negligence. The first step in establishing negligence is to show that the at-fault party owed a duty of care to their injured client.
Information in this post gathered in association with a Philadelphia personal injury attorney
Duty of care
People establish relationships in everyday life and in many cases owe other people a duty of care, or in other words a responsibility to maintain a reasonable standard of care. Georgia Code - Torts - Title 51, Section 51-1-6 states:
When the law requires a person to perform an act for the benefit of another or to refrain from doing an act which may injure another, although no cause of action is given in express terms, the injured party may recover for the breach of such legal duty if he suffers damage thereby.
Examples of people who owe a duty of care
- Motor vehicle drivers. When driving a car or other vehicle, the duty of care you owe to other drivers is implicit and includes safe driving, following traffic laws, and trying to prevent accidents whenever possible.
- School systems. Parents expect school personnel to keep their children safe, notify them of dangerous health issues, and use reasonable discipline as necessary.
- Medical professionals. Physicians and other medical professionals must adhere to medical standards of care set by their profession when treating patients.
- Property owners. Property owners whether a retail store or a parking lot owner must repair hazards or post signs warning the public about dangerous property conditions. In some instances, owners must also keep the public on their grounds safe from criminal activity by hiring security personnel.
Not every injury situation involves a duty of care, its breach, and resulting damage or injury. However, our experienced Marietta personal injury law firm can evaluate whether grounds exist for a lawsuit to recover damages.
The Difference between Compensatory and Punitive Damages
Dealing with any accidental injury can be stressful—and the stress increases when the victim knows the accident was avoidable, if someone else had only exercised reasonable care. Particularly in the case of serious injuries, it is common to want to see the negligent parties punished for their acts. While injury victims can generally pursue compensatory damages for a variety of expenses related to their injuries, it is also sometimes possible to pursue punitive damages.
California State University offers a detailed explanation of the differences between compensatory and punitive damages. In general, the difference between the two pertains to the nature of the act that caused injury, as follows:
- Compensatory damages pay injury victims for all costs related to their injuries. In addition to past, current, and future anticipated medical expenses, these can include, but are not limited to, time lost from work, loss of earnings ability due to a permanent disability, costs related to personal and family care during recovery, or even pain and suffering
- Punitive damages, in addition to compensatory damages, only apply in certain types of situations. As the name implies, the intent of these damages is to punish defendants for reprehensible behavior, and deter them from repeating similar offenses in the future. One example is when a defendant commits a crime that causes injury. While the defendant answers for the act in criminal court, victims can sue in civil court. Moreover, the criminal court decision has no bearing on the civil court decision—the two cases are separate and distinct
It probably seems clear that punitive damages do not make sense in most cases unless the liable party performed a willful act that caused your injury. However, compensatory damages can provide the funds you need to avoid out-of-pocket expenses, even if serious injuries affect the rest of your life.
In and around Indiana as early as your initial consultation, an experienced Phildadelphia personal injury attorney can often accurately predict the compensation you can expect for your case—whether you pursue compensation from insurance claims, an out-of-court settlement, or a jury trial. In addition, your attorney can determine if punitive damages make sense.
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