Workers� Comp Fraud in the Keystone State

March 25th, 2007 Posted by Mark

There is no workers’ comp poster in the state of Pennsylvania that is required. I am sure that employers could find excellent similar posters at our sister site here, www.LaborLawCenter.com, on all sorts of interesting worker injury related topics, as well as the special forms that employers need to fill out for federal OSHA injury reporting requirements, such as the OSHA 300 form, the OSHA 300A form postings, and the OSHA 301 forms.

Then there are accident logs and accident/illness investigation reports and incident reports that you can buy here, or buy an OSHA forms kit CD that has all of these valuable resources available in one simple format. But one of the forms or posters that should be required for all Pennsylvania employers—maybe a poster that employers should have to post in their own human resource and executive offices, and not in the lunch room—would be the “Don’t Commit Workers’ Comp Fraud” poster.

I think I could become a rich man selling this poster, if I could convince management of the need for such a poster in every human resource office in the country. Or maybe I should hit up the state legislature, and see if they will make the Pennsylvania Department of Labor make the poster mandatory for all employers.

Why do I bring this topic up in such a frustrated manner? Well, because Pennsylvania has announced, as all states are wont to announce, that they just busted more employers on workers’ comp fraud. Don’t get me wrong. I am not saying that employers should be let off the hook for workers’ comp fraud. No. What I am saying is that employers should just give up the workers’ comp. Employers such as Homestead Emergency Medical Services in Alleghany County, PA, who got fined nearly $100,000, because they did not have workers’ comp insurance.

Pennsylvania (PA) Workers Compensation

January 15th, 2007 Posted by Amelia

The maximum weekly benefit increases in 2007 for new unemployment claims, as well as new Pennsylvania workers’ compensation claims. Many unemployed Pennsylvanians, as well as those eligible for workers’ compensation, will receive more money beginning in January.

Due to improved employment trends, unemployment benefits will not be reduced by 2.3 percent as they have in recent years. Likewise, the maximum weekly compensation rate will increase for individuals who suffer a work-related injury in 2007.

“Pennsylvanians are experiencing a growing economy,” Governor Rendell said. “We have seen consistent, record-high job growth this year, and our unemployment rate is at a six-year low. These benefit increases will help ease the financial strain on those who may not be sharing that prosperity because they are unemployed, or injured and unable to work. At the same time, businesses will enjoy a decrease in their tax rates.

In addition, Pennsylvania employers will have their 2007 unemployment compensation taxes reduced by $158 million, as the average tax rate for employers is projected to be 5 percent, down from 5.4 percent in 2006.

“Tax savings and benefit increases in 2007 are the tangible results of the stronger economy we continue to build through strategic investments in workers, businesses and communities.”

Workers’ compensation benefits for people injured on the job are, generally, two-thirds of a workers wages at the time of injury, up to a weekly maximum set each year. The weekly workers’ compensation maximum will increase to $779 per week for workers injured on or after Jan. 1, 2007. The 2006 amount is $745.

Unemployment compensation payments for workers who lose jobs through no fault of their own are, generally, one-half of a worker’s former salary, up to a weekly maximum determined each year. As stipulated by law, the weekly unemployment compensation maximum will increase to $520 for new claimants qualifying for benefits after Jan. 1, 2007. The current amount is $497.

Pennsylvania Injury Reporting for Workers� Comp

December 11th, 2006 Posted by Mark

In Pennsylvania, employers can hit two birds with one stone by putting up a poster for workers’ comp in each and every one of their work sites. The first bird is the law. It is the law in the state of Pennsylvania for employers to put up the workers’ comp poster in their work sites that says to their employees: “Remember, it is important to tell your employer about your injury.”

The other bird is your employees. By putting up this poster and reminding your employees to talk to you about their work related injuries, you are ensuring that your workers’ comp system will run as smoothly as possible and that you will keep your employees, your state, and your workers’ comp insurance carrier happy.

The injury reporting information on the workers’ comp poster can be priceless. It shares with your employees the name, address, and telephone number of the insurance company from which you buy your workers’ comp insurance. It also shares with your employees the name of your or your insurance company’s third party administrator. That third party administrator will likely be the company that sends out the adjuster to handle the claim and the company that will be processing all of the payments and the paperwork for the claim.

The poster can also tell employees that they have up to 21 days to tell you about their injury after the accident occurs. For work related illnesses, employees have 120 days from the time that they first started knowing that they were sick to report it.

After the employee tells you about their injury, the work of the poster is done and your work begins. It is then up to you to report the injury claim to your insurance carrier. You also have to file a report with the state workers’ comp bureau. You have 48 hours to do so after an accident that occurs that causes a death. You have 15 days to report it for all other injuries.

Pennsylvania Workers� Comp Compliance

December 2nd, 2006 Posted by Mark

The generalities of workers’ comp in the state of Pennsylvania are basically the same as we’ve seen in any of the other states that we’ve seen. The way it works is that the overall rule in the state—the Pennsylvania Workers’ Compensation Act—makes sure that employers have the proper workers’ comp coverage so that in the event that their employees get hurt, the employees can then get their medical expenses paid for, as well as any lost wages from having to miss work due to injury or illness.

Pennsylvania also covers for instances where a worker actually dies on the job, and in that case, an employer’s workers’ comp payments would make sure that the dead worker’s dependents would get the compensation.

In Pennsylvania, the system has a couple of ways that employers can get the necessary workers’ comp coverage. They can go through a private insurance company that is licensed in the state of Pennsylvania to sell the workers’ comp coverage. They can go through a state based fund called the State Workers’ Insurance Fund, which is like an insurance carrier except it is basically a division of the state government.

Or lastly, employers in Pennsylvania, you can choose to self-insure. This is a topic we’ve talked about before. But for some employers, it is such a good idea that it is worth looking at again. Simply, the employer sets aside their own money to pay for any injury claims that their workers’ may have over the course of the year. It affords employers control over their money, compared with just handing money over to an insurance company in the form of a premium and allowing the insurance company to control how the benefits are given to employees.

There are also special workers’ comp laws for certain employee groups and industries, such as railroad workers, federal employees, and harbor workers, among others.