Workers' Compensation

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In Part 1 of this blog post, we explored the three legal classifications of potentially work related mental injury claims addressed under the Pennsylvania Workers’ Compensation Act: physical/mental, mental/physical, and mental/mental. In this part, we will take a closer look at the rapidly developing area of mental/mental cases. We will also provide practical advice on…

Mental injury claims, often stemming from workplace stressors, are on the rise and can create major headaches for employers. Understanding the relationship between stress in the workplace and resulting mental and physical disorders, such as psychiatric disorders or cardiovascular disease, isn’t easy.  Often there are more questions than answers. Can stress lead to anxiety attacks…

There are many opportunities to reduce workers’ compensation liability exposure both before and after litigation commences.  Indeed, one of the best strategies for reducing costs is to develop a culture of “safety” in the workplace, and to actively assess and implement engineering and ergonomic changes to minimize injuries.  It is equally important to implement a…

This post was contributed by Paul D. Clouser, an Attorney in McNees Wallace & Nurick LLC’s Labor & Employment Practice Group in Lancaster, Pennsylvania.

One tool available to employers to limit workers’ compensation benefit payments is the so called “fellow employee” limitation. In general, absent a full recovery from a work-related injury, an employer…

With the new year upon us, chances are that your employees are making those age old resolutions to lose weight, get fit, and exercise more. And, if you sponsor or offer an employee wellness program, your employees might be looking to use the program to help them stick to their resolutions. But what happens if an employee exerts himself too much, pushes herself a little too far, and hurts him or herself in the process? Are you, the employer, on the hook for such injury? Is the employee covered by workers’ compensation? Maybe.
Continue Reading Is An Injury Sustained by an Employee While Participating in a Workplace Wellness Program Compensable Under the Workers’ Compensation Act?

As a general rule, an employee is deemed not to be “in the course and scope of employment” and is therefore not entitled to workers’ compensation benefits, while commuting to and from work. Two recent opinions from the Pennsylvania Commonwealth Court explored this rule.
Continue Reading Recent Workers’ Compensation Cases Focus on “Going and Coming” Rule

Employers in Pennsylvania can often benefit from self-insuring their workers’ compensation plan, rather than simply opting for carrier based coverage year after year. Today’s blog post explains explains the advantages of self-insurance and the questions companies should consider when deciding whether to self-insure.
Continue Reading Workers’ Compensation: Advantages of Self-Insurance