O'Connor Law Podcast

There are a couple of ways that someone with a mental disability can become eligible for Social Security Disability benefits and one of them is by meeting a listing that Social Security has set forth for certain diagnoses, such as maybe bipolar, schizophrenia, depression, anxiety. For more information about legal topics, you can find us on the web and in social media. http://www.OConnorLaw.com. https://www.facebook.com/mjoclaw https://twitter.com/MJOConnorLaw https://www.linkedin.com/in/michael-j-o-connor-07753412 https://plus.google.com/112353157886011361270/posts https://www.youtube.com/user/AttorneyOConnor

A lot of motorcycle crashes happen simply because the operator of the car or truck never saw the motorcycle. That's simply a matter of perception because we're used to looking for bigger objects on the roadway and it's just the way our eyes work and the way our minds process visual information is when you're looking down a road that you're used to seeing a big truck coming down or a larger SUV and then all of the sudden you have a smaller motorcycle, your eyes just don't pick it up. It blends into the background. For more information about legal topics, you can find us on the web and in social media. http://www.OConnorLaw.com. https://www.facebook.com/mjoclaw https://twitter.com/MJOConnorLaw https://www.linkedin.com/in/michael-j-o-connor-07753412 https://plus.google.com/112353157886011361270/posts https://www.youtube.com/user/AttorneyOConnor  

If you've ever driven by a large plant, a lot of them will have a big sign out front with a number and it says, "Days without injury." They track it every day. Someone is out there going from day 600 to day 601, and the message that sends to the public and to the workers who drive past that sign every day to come in is that, "Don't get hurt. Stay safe, because this is helping us all." The problem is that tactics like that can cause injured employees to fear filing a claim for a legitimate work injury. For more information about legal topics, you can find us on the web and in social media. http://www.OConnorLaw.com. https://www.facebook.com/mjoclaw https://twitter.com/MJOConnorLaw https://www.linkedin.com/in/michael-j-o-connor-07753412 https://plus.google.com/112353157886011361270/posts https://www.youtube.com/user/AttorneyOConnor

The way to describe power of attorney is that you're basically asking another person to walk in your shoes. If you can go over to the bank and take all of your money out of that bank, so can your power of attorney. So before you make the decision of having someone to be your power of attorney, make sure it's a person that you trust impeccably. For more information about legal topics, you can find us on the web and in social media. http://www.OConnorLaw.com. https://www.facebook.com/mjoclaw https://twitter.com/MJOConnorLaw https://www.linkedin.com/in/michael-j-o-connor-07753412 https://plus.google.com/112353157886011361270/posts https://www.youtube.com/user/AttorneyOConnor

There's a lot of info to gather after a car crash. The obvious things are the other driver's information, the owner's information. A lot of times those are two different people. It's very important to get both of those individuals' information. The insurance card, take down the insurance company, the policy number, effective dates. Be careful to look at those effective dates and make sure the policy card you're looking at is the one that you should be looking at. If they can't provide you with that, an active card that shows there's coverage on that day, then you certainly want to get in touch with the police and have them show up. Last thing you want to do is be in a situation where it's your word against their word and there's no insurance company there to step in to deal with. For more information about legal topics, you can find us on the web and in social media. http://www.OConnorLaw.com. https://www.facebook.com/mjoclaw https://twitter.com/MJOConnorLaw https://www.linkedin.com/in/michael-j-o-connor-07753412 https://plus.google.com/112353157886011361270/posts https://www.youtube.com/user/AttorneyOConnor

Workers' compensation benefits is a state-mandated benefit system that all employers must have in Pennsylvania to cover an injured worker in case they're injured, either they have a physical injury, if there's death, if there's disability or even specific loss. So it's something that an employer must maintain to cover that employee in the event of that happening. For more information about legal topics, you can find us on the web and in social media. http://www.OConnorLaw.com. https://www.facebook.com/mjoclaw https://twitter.com/MJOConnorLaw https://www.linkedin.com/in/michael-j-o-connor-07753412 https://plus.google.com/112353157886011361270/posts https://www.youtube.com/user/AttorneyOConnor

There are basically two types of disabilities that would make someone potentially eligible for Social Security Disability Benefits. They are physical and mental disabilities. Often it is a combination of both. For more information about legal topics, you can find us on the web and in social media. http://www.OConnorLaw.com. https://www.facebook.com/mjoclaw https://twitter.com/MJOConnorLaw https://www.linkedin.com/in/michael-j-o-connor-07753412 https://plus.google.com/112353157886011361270/posts https://www.youtube.com/user/AttorneyOConnor

Social Security Disability is a government program that provides compensation and benefits to disabled people. It is not a government hand out but rather a type of insurance that working people pay into all their lives and are entitled to benefit from if they become disabled. For more information about legal topics, you can find us on the web and in social media. http://www.OConnorLaw.com. https://www.facebook.com/mjoclaw https://twitter.com/MJOConnorLaw https://www.linkedin.com/in/michael-j-o-connor-07753412 https://plus.google.com/112353157886011361270/posts https://www.youtube.com/user/AttorneyOConnor

Premises liability law is basically a legal theory that holds owners and occupiers of property responsible for injuries or accidents that occur on their premises. For more information about legal topics, you can find us on the web and in social media. http://www.OConnorLaw.com. https://www.facebook.com/mjoclaw https://twitter.com/MJOConnorLaw https://www.linkedin.com/in/michael-j-o-connor-07753412 https://plus.google.com/112353157886011361270/posts https://www.youtube.com/user/AttorneyOConnor

Generally speaking a wrongful death lawsuit is one brought when neglect or the wrongful act of another causes the death of an individual. These lawsuits are brought for the decedents loved ones for certain types of damages that are caused when that individual passes away. For more information about legal topics, you can find us on the web and in social media. http://www.OConnorLaw.com. https://www.facebook.com/mjoclaw https://twitter.com/MJOConnorLaw https://www.linkedin.com/in/michael-j-o-connor-07753412 https://plus.google.com/112353157886011361270/posts https://www.youtube.com/user/AttorneyOConnor

Get the inside story on pending legislation that is likely to affect the workers' compensation system. Find out how "evidence-based drug formulary" is likely to impact doctors and their ability to prescribe medication. Latest updates on trends in pain managements in the medical community. And initial steps to take if you've been hurt on the job. For more information about legal topics, you can find us on the web and in social media. http://www.OConnorLaw.com. https://www.facebook.com/mjoclaw https://twitter.com/MJOConnorLaw https://www.linkedin.com/in/michael-j-o-connor-07753412 https://plus.google.com/112353157886011361270/posts https://www.youtube.com/user/AttorneyOConnor  

Traumatic brain injury is any injury that causes an external mechanical force and creates brain dysfunction. There are various levels of traumatic brain injuries from very mild concussion like symptoms to very serious symptoms, life altering symptoms and even death. In more serious traumatic brain injuries you will see bruising, torn tissues, bleeding and other physical damage that can cause some significant long term complications. For more information about legal topics, you can find us on the web and in social media. http://www.OConnorLaw.com. https://www.facebook.com/mjoclaw https://twitter.com/MJOConnorLaw https://www.linkedin.com/in/michael-j-o-connor-07753412 https://plus.google.com/112353157886011361270/posts https://www.youtube.com/user/AttorneyOConnor  

Generally speaking, motorcycle accident claims are different than car accident claims and are often more serious. For more information about legal topics, you can find us on the web and in social media. http://www.OConnorLaw.com. https://www.facebook.com/mjoclaw https://twitter.com/MJOConnorLaw https://www.linkedin.com/in/michael-j-o-connor-07753412 https://plus.google.com/112353157886011361270/posts https://www.youtube.com/user/AttorneyOConnor  

Motorcycle crashes can very often be complex crashes with different factors involved, whether it be weather conditions, road construction design, or a multiple vehicle crash. For more information about legal topics, you can find us on the web and in social media. http://www.OConnorLaw.com. https://www.facebook.com/mjoclaw https://twitter.com/MJOConnorLaw https://www.linkedin.com/in/michael-j-o-connor-07753412 https://plus.google.com/112353157886011361270/posts https://www.youtube.com/user/AttorneyOConnor  

If I am in a car accident, what insurance pays for what? There is car insurance, health insurance and the at-fault drivers auto insurance. Find out what pays for what. For more information about legal topics, you can find us on the web and in social media. http://www.OConnorLaw.com. https://www.facebook.com/mjoclaw https://twitter.com/MJOConnorLaw https://www.linkedin.com/in/michael-j-o-connor-07753412 https://plus.google.com/112353157886011361270/posts

A lot of times your injuries will be called soft tissue injuries and these injuries sometimes take a while to produce symptoms. If you are experiencing symptoms, call your physician right away, let them know what happened, let them know you were in an automobile accident, talk to them about your symptoms and ask them what the best thing is to do. It might be at that point - a good time to go to the emergency room or to another health clinic where you can get treated immediately. For more information about legal topics, you can find us on the web and in social media. http://www.OConnorLaw.com. https://www.facebook.com/mjoclaw https://twitter.com/MJOConnorLaw https://www.linkedin.com/in/michael-j-o-connor-07753412 https://plus.google.com/112353157886011361270/posts

If you're been injured in a car crash, the first thing to do, and the most obvious thing is to do an assessment of yourself, of your passengers and your vehicle. Certainly if you have sustained a significant injury you don’t want to be doing too much. If you can get to your phone you will want to call 911 to get medical emergency personnel on the scene as well as police officers and  fire department to make sure everyone is safe. For more information about legal topics, you can find us on the web and in social media. http://www.OConnorLaw.com. https://www.facebook.com/mjoclaw https://twitter.com/MJOConnorLaw https://www.linkedin.com/in/michael-j-o-connor-07753412 https://plus.google.com/112353157886011361270/posts

When someone gets injured the company has the right and if it has the ability, it could offer light duty. Light duty can be anything as long as it fits within their restrictions. It can be offered and once you go back to that light duty your workers’ comp benefits may stop. But as long as you’re working light duty you’re still protected.  Keep in mind a lot of these companies either don’t have light duty or it’s just a temporary program. They don’t want you sitting in the office doing nothing forever. For more information about legal topics, you can find us on the web and in social media. http://www.OConnorLaw.com. https://www.facebook.com/mjoclaw https://twitter.com/MJOConnorLaw https://www.linkedin.com/in/michael-j-o-connor-07753412 https://plus.google.com/112353157886011361270/posts

The Pennsylvania workers’ compensation system protects injured workers. So that means if you are employed, that employer is obligated by law to have insurance for workers’ compensation matters. Every insurance company who covers an employer then is obligated to pay your benefits. Now there is a distinction. There are some people who think they might be employed by a particular employer when in fact they are an independent contractor. This is a difficult question that needs to be analyzed by an attorney. So if you’re hurt and you’re not sure where you’re going to get your benefits from, you need to seek an attorney’s advice about this. The other thing is that some employers don’t have any insurance and they are violating the law. If you get hurt working for them that doesn’t mean you’re out of luck. There is a fund called the uninsured employers guarantee fund in Pennsylvania and that fund will pay your claim if your employer doesn’t have insurance.  For more information about legal topics, you can find us on the web and in social media. http://www.OConnorLaw.com. https://www.facebook.com/mjoclaw https://twitter.com/MJOConnorLaw https://www.linkedin.com/in/michael-j-o-connor-07753412 https://plus.google.com/112353157886011361270/posts

Whenever a person is injured at work they should report it immediately for two reasons. One of which is there are time limits. If you don’t report it for 120 days you are out of court completely; you can never bring a claim. So certainly don’t keep it to yourself. The other thing we find is this, people who don’t report their injuries right away are often viewed as not credible. The claim sometimes then becomes denied. And that’s a problem. So the lesson is, as soon as you get hurt, immediately go to your supervisor. For more information about legal topics, you can find us on the web and in social media. http://www.OConnorLaw.com. https://www.facebook.com/mjoclaw https://twitter.com/MJOConnorLaw https://www.linkedin.com/in/michael-j-o-connor-07753412 https://plus.google.com/112353157886011361270/posts

Dei: Welcome to Pennsylvania law TV.  Today we will be talking about workers’ compensation law and some of the legal challenges that can arise when a person is injured while on the job. My guest is workers’ compensation attorney Debra Matherne and she’s going to talk with us about this topic, so Deb thanks for being here today. Deb: Thank you for having me. Dei: Deb what if an injury didn’t happen after a one time occurrence but from long term activities? Deb: Under Pennsylvania law if you have an injury where it’s your regular work duties or some type of repetition work that you do over and over throughout your work day,  that can also be considered a work related injury. It doesn’t have to be an occurrence, an event, a slip and fall, it can also be just doing your regular duties - under the theory that each day you’re working you’re essentially injuring your body. Dei: And if an individual’s injury is mental not physical, could they still be eligible for workers’ compensation? Deb: Yes, generally it is more difficult to prove a mental injury. In certain circumstances you have to show that there were actually abnormal working conditions that were considered abnormal not just by you and your own subjective perception but objectively abnormal working conditions which can be difficult to show. But if you do have a case where you think you do have a mental injury this is something that can be evaluated by an attorney. Dei: Now is there a difference in the claim if an injury was the workers fault, the employers fault, or a co-workers fault?   Deb: Absolutely not. In most cases it’s a no fault workers’ compensation system so it does not matter if it’s your fault, or the employers fault. There are some exceptions but they are usually fairly extreme exceptions such as horse play or if you’re doing something where you’re violating a positive order from your employers - something you were told not to do. But generally it’s a no fault system. Dei: And if an individual’s workers’ compensation claim is denied what should they do? Deb: If their case is actually denied and they receive a denial notice from the workers comp insurance carrier, they should contact an attorney. At that point they will have to then file a claim petition to take their case before a workers’ compensation judge so that the case may be litigated and the judge can decide that case. For more information about legal topics, you can find us on the web and in social media. http://www.OConnorLaw.com. https://www.facebook.com/mjoclaw https://twitter.com/MJOConnorLaw https://www.linkedin.com/in/michael-j-o-connor-07753412 https://plus.google.com/112353157886011361270/posts

Dei Lynam: Welcome to Pennsylvania Law TV. Today we will be talking about workers’ compensation law. Workers’ compensation is a concept that dates back to the days Hammurabi’s code in 1750 BC. Today every state in the U.S. has workers’ compensation laws to protect employees and employers, as well as their families. My guest is workers’ compensation attorney Debra Matherne and she is going to talk with us about this topic and some of the most common questions she gets from her clients. So Deb thanks for being here today. Debra Matherne: Thank you for having me. Dei Lynam: Deb, what is workers’ compensation? Debra Matherne: Workers’ compensation is a benefits program under Pennsylvania state law under which an employee who is injured can receive medical or wage loss benefits. To receive benefits they have to be injured in the course and scope of their employment with that attorney and then have some type of disability. Dei Lynam: And if someone is injured at work what are the first steps that you recommend they take. Debra Matherne : Absolutely the first thing they should do is report that injury to their employer. They have up to 120 days under Pennsylvania law to report the injury and then they would have 3 years after that to file a claim petition for an injury.  But if it is not reported within that 120 days they can never have a claim for workers’ compensation. So as soon as possible, but certainly within 120 days. Dei Lynam: And what types of benefits are available to injured workers? Debra Matherne: There are several different types of benefits if you qualify. First there are medical benefits to pay for your medical bills related to that work related injury and there are wage loss benefits. Workers’ compensation pays a percentage of your wages but there are no taxes on those benefits generally, so they will receive both medical and wage loss benefits. There are also additional benefits such as death benefits, if you were deceased, that could be for your spouse or your children. In addition  if you have a specific loss which is  actually under the workers’ compensation act, for instance if you lose a finger, lose an arm , or lose a specific body part, there are certain body parts for which you can receive a certain number of weeks of your wages as an amount. Dei Lynam: How can a lawyer help in one of these claims? Debra Matherne : First of all if a claim is denied or if there is not anything that they are doing to accept  your case quickly enough at the  beginning of the case we can always help by filing a claim petition helping the person contact the claims adjuster, and making sure all the necessary information is conveyed to the insurance  company at the beginning of the case. In addition we also offer advice on cases so it’s often easier to have a lawyer before you need to or have to go to court  to give you advice for the proper steps to take. For more information about legal topics, you can find us on the web and in social media. http://www.OConnorLaw.com. https://www.facebook.com/mjoclaw https://twitter.com/MJOConnorLaw https://www.linkedin.com/in/michael-j-o-connor-07753412 https://plus.google.com/112353157886011361270/posts