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

We here at the McNees Wallace & Nurick Labor and Employment Law Group have been busy preparing for the holiday season. Just last week we were able to celebrate with family and friends at our annual holiday party.

While holiday parties can be great fun, hosting a holiday party or placing holiday decorations in or around the office can raise a whole host of legal concerns including religious discrimination or harassment claims, sexual harassment claims, or workers compensation concerns. Michael R. Kelley, Esq., Chair of McNees Wallace & Nurick LLC’s Insurance Recovery & Counseling Group has written in the past about serving alcohol at holiday parties and we wanted to take a few moments to remind you about the potential legal ramifications of serving alcohol at your holiday party.
Continue Reading Serving Alcohol at Your Holiday Party

 This post was contributed by Joseph S. Sileo, Esq., a new addition to McNees Wallace & Nurick LLC’s Labor and Employment Law Practice Group.  McNees recently welcomed Joe, Jennifer LaPorta Baker and Jennifer J. Walsh in Scranton, Pennsylvania.

As employers know all too well, an employee who is injured in connection with work can receive

Under the Pennsylvania Workers’ Compensation Act (“Act”), employers are required to maintain workers’ compensation insurance coverage. Generally, the employer’s obligation extends only to maintaining coverage for its employees, as that term is defined by law. Independent contractors are not eligible for workers’ compensation benefits under the Act.

However, Section 302(a) of the Act provides that an entity may be deemed a “statutory employer” as to independent contractors of a subcontractor who fails to maintain workers’ compensation insurance. Specifically, an entity that subcontracts with another entity to perform work regularly a part of the entity’s business is secondarily liable for that payment of workers’ compensation benefits to the subcontractor’s employees. Earlier this year, the Pennsylvania Supreme Court issued an opinion expanding the scope of statutory employer liability under the Act.
Continue Reading State Supreme Court Extends Workers’ Compensation Liability to Subcontractor’s Employees