Workers Comp Lawyers

The workers comp lawyers at Dallas W. Hartman, PC have helped people across Pennsylvania and Ohio since 1984. They can help those denied workers compensation benefits or those who have been receiving benefits continue to receive benefits or help those who would like a lump sum settlement. The workers compensation insurance companies are not on your side. Thay may offer you light duty or want you to return to work before you are ready. Call our attorneys today for a free consultation. We have offices in both PA and Ohio. We have helped those in Pittsburgh, Youngstown, Erie, Altoona, State College, Harrisburg, Johnstown, Sharon, New Catsle, Butler, Somerset, Kittanning and Clarion. Please feel free to call our attorneys today.

When making cutbacks, employers have to plan for any number of contingencies says noted employment law authority of Wilmington, Delaware Attorney Margaret M. DiBianca. One such contingency that often goes under the radar is the possibility of fraudulent workers’ compensation claims. After counsel has given its stamp of approval to the list of employees selected for layoff, employers are best advised to turn next to the ways they can protect themselves from a potential increase in workers’ comp claims.

Here are three ways to protect your business from abusive workers’ comp claims relating to layoffs:

1-Use Exit Interviews to Document the Absence of Injury

Conduct an exit interview with each employee who is subject to layoff. Ask the employee to complete an exit questionnaire, which should include a question about whether the employee has suffered a workplace injury and, if so, whether the injury has been reported. Also include a question about the overall safety of the facility and the specific safety of their work environment. Even if that employee never brings a claim, the affirmative statement by many employees attesting to the safety of the workplace can serve as important evidence in any fraudulent workplace claim. Always have the employee sign and date the questionnaire form.

2-Be Kind

Kindness goes a long way in every facet of the employment relationship and becomes positively crucial when there are cutbacks and layoffs. By shooting straight from the hip when it comes to the reasons for the reduction in staff, employers are much more likely to gain the support of workers (workersxzcompxzkit) rather than get gunned down by a negative and hostile workforce. Employee-assistance and outplacement programs are two common ways employers can offer their help to employees after a layoff. The bottom line is employees are less likely to file a fraudulent claim if they believe their employer sincerely cares about their welfare.  

3-Consider Offering a Severance Package

Many employers are surprised to learn that a “severance package” need not provide for payment of several months of salary and health care. A severance agreement is far simpler. The company agrees to pay the employees and, in return, the employees waive all claims they may have against the employer. This is your best protection against fraudulent workers’ comp claims, but only if it is a valid and enforceable contract. To make sure you get what you expect, first consult with legal counsel and have them draft a solid severance agreement for your future use.

Try the WC Calculator  (www.ReduceYourWorkersComp.com/calculator.php) to show the REAL COST of work comp.

Look at WC 101 (www.ReduceYourWorkersComp.com/workers_comp.php) for the basics about workers comp.

 Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.

 (c)2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com

 

Originally published here.

Employment law authority, Attorney Margaret DiBianca of Young, Conaway, Stargatt & Taylor, LLP. The firm takes a proactive approach to counseling its clients by trying to prevent problems before they occur during workplace issues such as hiring, firing, promotions and layoffs. Attorney DiBianca can be reached at mdibianca@ycst.com or by phone 302-571-5008.

If you were injured during the course and scope of your employment, you are entitled to wage loss benefits. In addition, your employer or your employer’s insurance company is responsible for paying the medical bills related to your work injury. Workers’ compensation insurance companies will at times settle workers’ claims with a single lump sum payment. Furthermore, you may be entitled to specific loss benefits for the loss of hearing, sight, limb or other permanent injury. It is important to contact an experienced workers’ compensation attorney to protect your legal rights.

An experienced workers’ compensation lawyer should offer the following:

1. A free consultation.

There is no reason you need to suffer financially because of a work related injury. There is also no reason for you to go into debt to pay for experienced legal advice. Find an attorney who offers a free consultation so you can explain your work related injury and decide if he or she is the workers’ compensation attorney you choose to represent you.

2. Immediate attention to your case.

It would be nice if you could take the time after an accident for you or your loved one to simply focus on healing from the physical and emotional trauma. Unfortunately, you cannot. You need to address legal issues in a timely fashion. Your workers’ compensation attorney should communicate directly with the workers’ compensation insurance company assigned to your case. This communication should be accomplished in a timely fashion.

3. Protection of your legal rights.

Your employer has certain legal obligations to provide you with a work environment that is structured to keep you safe. A Pittsburgh workers’ compensation lawyer will have experience helping clients win their battles due to work-related injuries in Allegheny County and surrounding areas. He will know the specific details of workers’ compensation law and can assist you through the process.

4. No legal fees unless your case is a success.

Find a workers’ compensation attorney who works on a contingency fee basis while representing clients in workers’ compensation claims. This means the law firm is only paid if you are successful and receive compensation for your injuries by way of a settlement or award. This fee structure ensures all people have equal access to experienced legal counsel.

Originally published here.

Jason Tetlow is a leading Pittsburgh workers’ compensation lawyer. He is a member of the Allegheny County Bar Association, the Pennsylvania Association for Justice, Western Pennsylvania Trial Lawyers Association and a recipient of the Pennsylvania Super Lawyer Rising Star award.