CIVIL VERDICTS - PREMISES LIABILITY * Estate of Joan DeMarco v. The Marquis - Decedent business tenant of apartment/office complex owner murdered by former employee of defendant in violent assault during office burglary. Plaintiff's estate alleged negligent security theory of liability against defendant. Settlement negotiated with responsible insurance company in excess of One Million Two Hundred Thousand ($1,200,000.00) Dollars prior to trial. * Khaled Bakar v. Home Properties, Inc. - Plaintiff was standing on third floor balcony of friend's apartment owned by defendant, when the floor suddenly collapsed causing plaintiff to fall to ground. Plaintiff sustained fractured ribs, non-displaced tibia fracture and herniated disc, which was treated with physical therapy and multiple epidural injections. Montgomery County jury returned a verdict in the amount of Seven Hundred and Sixty Nine Thousand ($769,000.00) Dollars. Plaintiff filed Motion for Delay Damages which was granted and case was settled for Nine Hundred Thousand ($900,000.00) Dollars. * CIVIL VERDICTS - AUTOMOBILE ACCIDENTS * Riccardo v. Kim - Plaintiff sustained fractured cervical vertebrae at C5-6 level which required two surgeries and metal screws, arising from a two vehicle automobile accident. Out-of-court settlement negotiated with responsible insurance carriers in amount of Four Hundred Thousand ($400,000.00) Dollars prior to trial. * Estate of Robert Kane v. Joseph Falco - Decedent killed while passenger in one-car accident where intoxicated driver lost control of vehicle. Wrongful death claim settlement negotiated with responsible insurance company in the amount of Six Hundred and Sixty Thousand ($660,000.00) Dollars prior to trial. * Vinnie Moss v. Baldi Transportation/Erie Insurance Company - Plaintiff awarded Two Hundred Thirty Five Thousand ($235,000.00) Dollars by jury after trial. Defendant trucking company bankrupt and uninsured. Uninsured motorist claim settlement negotiated with plaintiff's insurance company in the amount of Two Hundred Thousand ($200,00.00) Dollars. * CIVIL VERDICTS - LIQUOR LIABILITY * Gerald & Irene Kane v. Dublin Wine and Spirits and Commonwealth of PA - Plaintiff husband and wife sustained multiple injuries in head-on collision with drunk driver. Husband-plaintiff sustained head injury resulting in brain hemorrhage and coma, with substantial recovery. Wife-plaintiff sustained broken ankle. Out-of-court settlement successfully negotiated against defendants prior to trial. Husband's claim - Two Hundred Forty Thousand ($240,000.00) Dollars. Wife's claim - Ninety Thousand ($90,000.00) Dollars. (Bucks County)* Edward Pisarek v. Adriatric Club - Plaintiff police officer assaulted while on duty by intoxicated bar patron skilled in martial arts. Plaintiff sustained permanent partial hearing loss and multiple lacerations. Non-jury trial verdict in favor of plaintiff and against defendant in amount of One Hundred Fifty Thousand ($150,000.00) Dollars. (Philadelphia County) CIVIL VERDICTS - PRODUCT LIABILITY* Keith Rosenberger v. Galoob Toys, Inc. - Plaintiff sustained temporary partial loss of vision in one eye with increased risk of future glaucoma, when struck in eye by defendants' children's toy, while plaintiff demonstrated newly purchased toy for child. Out-of-court settlement successfully negotiated against defendants in the amount of One Hundred Fifty Thousand ($150,000.00) Dollars prior to trial. (Montgomery County)* Raymond Cost v. Caterpillar, Inc. - Plaintiff sustained partial amputation of his lower leg, when his foot was crushed in an unguarded pinchpoint of rotating couplings inside engine area, while plaintiff was performing maintenance of defendant's heavy trash compactor/metal shearer. Out-of-court settlement successfully negotiated against defendant in the amount of Four Hundred Seventy Five Thousand ($475,000.00) Dollars prior to trial. (Montgomery County)

If you were injured on the job or if you suffer from a work-related illness, it may be very difficult for you to pay your medical bills and other expenses while you are out of work. In recognition of the hardships facing injured and sick workers, the Pennsylvania Legislature enacted the Pennsylvania Workers’ Compensation Act.

Under the Act, a worker with a job injury or work-related illness is generally entitled to have medical bills paid for by their employer’s private Workers’ Compensation insurance company. In addition, you may be entitled to wage loss benefits if as a result of a work related injury or illness you:

  • Are unable to return to work
  • Return to work but with reduced hours
  • Return to work on reduced pay

Steps to Receiving Workers’ Compensation:

1. Immediately notify your employer of the injury. Where the injury is immediately apparent, you have up to 120 days from the time that the injury occurred to report it to your employer. If the injury is less than obvious, and only shows up some time after the accident, you have 120 days from the time that you first become aware of the injury to report it to your employer.

While you have up to 120 days to report an injury, it is important that you notify your employer as soon as possible, as this affects the period of time for which you are entitled to recover. If the injury is reported to the employer within 21 days of the accident, you are entitled to recover from the date of the accident. However, if you wait and report after 21 days (but less than 120 days), you will only be able to recover compensation from the date the accident was reported.

2. Once you report the incident to your employer, the employer should submit the report to their Workers’ Compensation insurance company and the Bureau of Workers’ Compensation.

3. In order to assess the severity of your injuries, the employer may require you to submit to a physical examination or expert interview by a health provider selected and paid for by the employer, at any time after the injury.

4. The employer and insurance company should investigate the accident and either commence payment or issue a notice of denial within 21 days of the date the injury was reported to the employer.

5. If your claim is denied, or if the insurance company will not agree to pay the entire amount of which you are entitled, you may then file a petition for compensation with the Department of Labor and Industry. You have up to three (3) years from the date you were injured or became aware of your injury to file this claim.

6. After you file your claim with the Department of Labor and Industry, the Department will assign your case to a Workers’ Compensation Judge (WCJ). At any time before rendering a decision, the WCJ may order an investigation into the facts and circumstances of the injury and may appoint an impartial doctor to evaluate your injuries. Following the hearing, the WCJ will issue a written decision with findings of fact and relevant law.

7. You have up to 20 days from the date of the WCJ’s written decision to file an appeal with the Pennsylvania Worker’s Compensation Appeal Board if you are dissatisfied with the WCJ’s determination. The employer’s insurance company also has the right to appeal if the WCJ renders a decision that is favorable to you.

At McMahon, McMahon & Lentz we will stand by you through these difficult times and assist you in recovering the compensation to which you are entitled. In addition to advocating on your behalf to employers, insurance companies, and in hearings and appeals, we will also contact health care providers, retrieve and review your medical records, and investigate the facts and circumstances of your injuries.

Contact our office for a free consultation if you have been injured on the job and your employer or the employer’s insurance company is:

  • Not paying you the compensation to which you are entitled
  • Attempting to reduce your compensation amount
  • Failing to submit an accident report to the insurance company or Bureau of Workers’ Compensation

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