A Wyoming state law which would have expanded workers' compensation rights for oil and gas industry workers was defeated in the State House of Representatives on Wednesday.  The proposal, titled the "Duty Owed to Employees" bill, would have made oil and gas companies liable for worksite injuries sustained by independtly contracted employees.

Under current state law, contractor employees do not have the same legally protected status as other employees.  Contractor employees are routinely utilized on oil and gas jobsites for various service tasks.

According to Rep. Keith Gingery, it is nearly impossible for contactor workers to sue oil companies in the event of an injury.  He believes the bill was defeated as a direct result of lobbying by the state's oil and gas industries.  According to Gingery, the independent contractor designation is used by oil and gas companies to avoid legal liability.

Gingery said he remains concerned about worker safety in the absence of such a bill.  As of now, it appears that any similar bill would not have sufficient support among state lawmakers for passage.

If you or someone you know has been injured on the job, it is important
to understand the details of Pennsylvania workers' compensation laws.  
Contact the Pennsylvania workers' compensation lawyers of Lowenthal & Abrams, P.C. today at 610-667-7511 for more information about our legal services.

A Minnesota government official is drawing criticism for seeking several changes to the state's workers' compensation laws.  Among these changes is an incentive for injured workers who agree not to use an attorney in the course of their claim.  In addition, Labor and Industry Commissioner Steve Sviggum is recommending that the state cut workers' comp coverage for illegal immigrants.

Sviggum's workers' comp recommendations immediately drew opposition from several groups, including immigrant, labor and faith organizations.  AFFIRM, the Alliance for Fair Federal Immigration Reform of Minnesota, wrote that the changes would be bad public policy.  They added that employers may be encouraged to hire more illegal immigrants if the changes were enacted, because they would have less legal liability should a workplace injury occur.

The suggestion to incentivize not hiring an attorney has drawn criticism as well.  Experts say it is important to make employees aware of their legal representation right, should their workers' comp claim need to be disputed.

If you or someone you know has been injured on the job, it is important to understand the details of Pennsylvania workers' compensation laws.   Contact the Pennsylvania workers' compensation lawyers of Lowenthal & Abrams, P.C. today at 610-667-7511 for more information about our legal services.

A Virginia legislator is working to change a provision in the law regarding the workers' compensation claims of patients with brain injuries.  The lawmaker was inspired by the case of Arthur Pierce, a dump truck driver who was founded lying on the ground near his truck in September of 2006.  Pierce was unable to speak and no one was around to see what happened to him.  Doctors later determined that he had suffered a severe brain injury consistent with a fall.  He never recovered from the injury and now requires continous medical care.

Because Pierce's family believes his injury was sustained while working, his wife filed a workers' compensation claim in 2006.  However, that claim and subsequent appeals by her lawyer were denied due to a lack of evidence.  The Workers' Compensation Commission ruled that there was no way to show exactly how or why Pierce fell.

Pierce later died as a result of his injury.  The irony is that under current workers' compensation law, Pierce's family would have received benefits if he had been found dead at the scene.  In that case, the law presumes that deceased employees found at a workplace perished as a result of work conditions.

After being contacted by Pierce's wife, Sen. Richard Stuart filed a bill to amend the law such that cases involving workers found with brain injuries would be treated the same as those of deceased workers.  However, the bill was ultimately voted down, with other senators saying they feared it would lead to fradulent workers' comp cases.

Both Stuart and the Pierce family say they will continue their fight to change the law.

If you or someone you know needs assistance with a workplace injury, contact the Pennsylvania workers' compensation lawyers of Lowenthal & Abrams, P.C. today at 610-667-7511 for more information about our legal services.

A Wyoming teacher who suffered a severe workplace injury has
discovered her employer does not provide workers’ compensation coverage.  Sally Spooner suffered a fall while at school
in December.  As a result of complications
from the fall, Spooner’s right leg required amputation.

Even though her injury occurred while on the job, Spooner
was not eligible for workers’ compensation because the Cody School District
eliminated coverage for teachers in 2006. 
In fact, the district eliminated coverage for all employees except those
required by law.

In addition to Cody, 45 of the 48 school districts in
Wyoming have eliminated worker’s compensation coverage for teachers.  The districts claim that it is not
financially feasible for them to provide the coverage, and instead suggest that
employees seek out and pay for their own insurance.

If you have been injured while on the job, it is important that you fully understand your legal rights.  Contact the Pennsylvania workers' compensation lawyers of Lowenthal & Abrams, P.C. today at 610-667-7511 for more information about our legal services.

While working as the Lancaster County Coroner, Dr. G. Gary Kirchner, claims that he contracted a dangerous staph infection after he accidently cut his finger in the morgue back in December 2007. At the time, he was observing an autopsy. Kirchner, 75, filed a claim against Lancaster County shortly after discovering the infection. Unfortunately, Workers' Compensation Judge Michael Hetrick denied the request, stating that Kirchner was considered a public official when he was infected, making him unable to file a claim under the law.

No one doubts the horrible effects that the staph infection had on Kirchner. He had to be hospitalized shortly after he first contracted the infection, which led to the need for rehabilitative nursing care. All in all, Kirchner's medical bills cost over $500,000, which is the amount that he requested from Lancaster County.

According to Kirchner, the simple act of cutting his finger on the steel corner of a autopsy table has forever changed his life, causing permanent hearing and vision loss. If he chooses, Kirchner has 20 days to file an appeal of his case to the Pennsylvania Workers' Compensation Appeal Board.

Facing a debilitating injury at work can not only harm you physically, but emotionally and financially as well. Contact the Pennsylvania workers' compensation lawyers of Lowenthal & Abrams, P.C. today at 610-667-7511 for more information about our legal services.