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August 2017 Archives

Understanding Field Sobriety Tests

The district attorney's office prosecuting your DUI case will attempt to use your field sobriety test performance against you. However, a skilled defense attorney may be able to use the same test results to show you were not impaired at all. The attorneys of McCormick and Vilushis will thoroughly review your test performance to determine whether the field sobriety test will aid in your defense.

How DUI Audio and Video Recordings Can Be Used in Your Case

Every element of a Pennsylvania DUI charge must be proven beyond a reasonable doubt to convict you. The district attorney will use any evidence that points to your guilt. Often times - particularly in cases involving the Pennsylvania State Police - that means audio and video recordings of the incident (assuming they exist). McCormick and Vilushis will always obtain and review such recordings to determine the validity of your case and whether or not it can be challenged in court.

Is there a time limit for filing a workers' compensation claim in PA?

Many people may put off notifying their employer of their injury or filing a claim for benefits because they do not know where to begin. However, delaying the filing of a claim can have a devastating effect on a worker's ability to receive benefits. Failure to file a claim on a timely basis may result in forfeiture of your right to benefits. For this reason, you should never delay in contacting an experienced Pennsylvania workers' compensation lawyer after you have suffered a workplace injury.

Have you been hurt at work?

Hopefully you will never get injured at work, but if you are hurt at work, you need to follow these steps from a workers' compensation lawyer to ensure you have a properly set-up workers' compensation claim:

Why would my workers' compensation claim is denied?

Following a workplace illness or injury, Pennsylvania workers are entitled to workers' compensation benefits under state law. However, there are a number of workers' compensation claims that do get denied by employers on a regular basis. Denial of a claim results in decreased liability for the insurance company and lower insurance premiums for your employer. For this reason, adjusters and employers will often search for any possible reason to deny your claim. The following are some examples of common denial reasons:

My workers' compensation claim has been denied. Now what?

If you filed a claim for benefits and have received a denial, there are still options available to you. Most importantly, know that you do not have to give up your right to workers' compensation benefits simply because your claim was denied. Talking to a workers' compensation lawyer can help you determine whether an appeal is the best course of action.

My workers' compensation claim has been accepted. What are my next steps?

Once your workers' compensation claim has been accepted, the goal of your employer and their workers' compensation insurance carrier is to get you off of workers' compensation as soon as possible. If you and your employer do not agree concerning your right to continued receipt of compensation benefits, your employer or its insurance company may file a petition requesting that a judge terminate, suspend, or modify your benefits.

What Happens When An Employer Modifies, Suspends, or Terminates Your Workers' Compensation Benefits

Having your workers' compensation benefits suspended can be incredibly frustrating. An employer may not need to file a petition for a worker's benefits to become suspended. For instance, if an injured worker returns to work at no decrease in earnings, then his or her benefits can be suspended upon notification to the Bureau of Workers' Compensation that the injured worker has returned to work.

Understanding Settlements in Pennsylvania for Workers' Compensation Cases

In Pennsylvania, there is no absolute right to a lump-sum settlement in a workers' compensation case. All the insurance carrier is required to do under the law is pay 2/3rds of an injured worker's lost wages and pay for all reasonable and necessary medical treatment related to the work injury. They are not legally obligated to pay you a lump-sum.

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McCormick & Vilushis LLC
1514 Liberty Street
Erie, PA 16502

Phone: 814-455-5362
Fax: 814-455-5150
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