Proven experts in the Workers' Compensation field
The Workers' Compensation laws in Pennsylvania provide benefits to workers injured on the job or having an occupational disease; or to surviving dependents of workers killed on the job or as a result of the job. The benefits are provided regardless of who was at fault in causing the injury, disease or death, and regardless of the previous physical condition of the employee. Under certain circumstances benefits may be available for injuries which occur traveling to or from work sites and for other work-related injuries, diseases and death, even away from the workplace.
Available benefits include:
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Weekly wage replacement compensation (paid pursuant to a schedule set by law) to the disabled worker or surviving family;
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Reasonable, necessary and related hospital, surgical and medical expenses;
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"Specific loss" benefits if there is a loss or a loss of use of a certain body part or if unsightly scarring is caused by a work injury; and
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Death benefits and burial expenses to a deceased worker's dependents.
The law applies to all work-related injuries or occupational diseases occurring in Pennsylvania regardless of where the worker was hired and may cover injuries or occupational diseases occurring outside the employer's premises and even outside of Pennsylvania under certain circumstances. The law also provides for benefits to be paid when a work related injury aggravates a pre-existing condition.
The law has many traps for the unwary, and if you have questions regarding entitlement to workers compensation, you should consult an attorney right away. Also, if your employer or the insurance company wants to have you examined by a doctor or interviewed by a vocational consultant or adjuster, it is a good idea to contact an attorney first so that the case may be monitored and to prevent you from making statements or taking actions that can have serious consequences later.
The attorneys at Badey, Sloan & DiGenova, P.C. provide free, no obligation initial consultations. Most of our workers' compensation cases are handled on a contingent fee basis, which means that there is no attorney fee due unless we make a financial recovery for you or successfully stop the insurance carrier from cutting your benefits. To protect injured workers and their families, the law requires that all fees must be approved by a judge before the attorney can be paid.
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A history of representing individuals who have been seriously injured
When discussing products liability, it is important to differentiate between products that are dangerous and those that simply do not do what they are supposed to do.
Defective products, which can include anything from new cars that break down in the first 1,000 miles to computer hard drives that destroy data, are an issue of consumer fraud, not products liability.
Dangerous products are an issue of products liability because they endanger personal safety. Manufacturers and sellers of products have a duty imposed by law to provide those products with every element necessary to make them safe for their ordinary uses - and to ensure that the products they sell do not contain anything that would cause injury to the user. Badey, Sloan & DiGenova, P.C. attorneys have a history of representing individuals who have been seriously injured by defects in:
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Consumer Products
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Industrial Products
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Automobiles and Construction Vehicles
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Medical Devices
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Pharmaceutical and Health Products
Badey, Sloan & DiGenova, P.C. attorneys have successfully litigated product liability cases against some of the largest corporations in the world, achieving full, substantial compensation for victims of defective products.
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Free, no obligation initial consultations
Over the past 25 years,lawyers from Badey, Sloan & DiGenova, P.C.have represented individuals who suffered personal injuries as a result of another's careless, reckless, or intentional acts. If you have suffered physical or emotional injuries due to another's acts, you may be entitled to bring a personal injury claim to recover for your damages.
Personal injury claims typically involve motor vehicle accidents, injuries caused by dangerous conditions on property, for example, a fall on slippery conditions, and other injuries resulting from another's negligence or unreasonable conduct. If you have suffered such an injury, it is crucial that you take immediate action.
Most states impose strict time deadlines on personal injury actions and if you fail to act in a timely manner, you may be barred from ever pursuing your right to recovery. Your claim should be investigated promptly and evidence must be gathered as quickly as possible.
The attorneys at Badey, Sloan & DiGenova provide free, no obligation initial consultations. Most of our personal injury cases are handled on a contingent fee basis, which means that there is no attorney fee due unless a financial recovery is made.
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Complexity that requires a special level of expertise
Each year many Americans die as a result of medical errors. According to an Institute of Medicine report, between 44,000 and 98,000 Americans die in hospitals each year due to medical errors and the annual cost to society for such errors ranges from $17 to $29 billion. These figures only take into account hospital deaths. Medical errors can and do occur in every setting where health care is administered: in doctors' offices, hospitals, nursing homes, clinics, and patients' homes. Further, according to the Institute of Medicine, more people die from medical mistakes each year than from highway accidents, breast cancer, or AIDS.
No one really knows how many people are injured or killed as the result of medical errors because no government agency, state or federal government tracks all of them. And while the American Medical Association and federal and state health agencies are trying to reduce the number of medical errors, it seems the medical profession finds it hard to police itself.
When someone learns they or a loved one has been the victim of medical error, their first reaction is to consider a lawsuit. Unfortunately, not every medical error is malpractice. Malpractice is a very specific legal definition for an act of negligence by a health care provider. It is very complex and requires a special level of expertise. A good attorney will consider all the facts of your case carefully before advising whether you should pursue a medical malpractice action.
What is a Medical Error?
The Institute of Medicine defines "medical error" as "the failure to complete a planned action as intended or the use of a wrong plan to achieve an aim." Medical errors are not medical malpractice. Medical malpractice is a legal standard that must be proven. Generally speaking, medical malpractice is a negligent act by a physician that is contrary to the "accepted standard of care" in that specific area of medicine. The standard of care is what the medical industry as a whole has determined to be acceptable protocols and procedures for treatment of patients, conducting tests, and analyzing the results of those tests.
Medical malpractice lawsuits arise from "adverse events" that cause injury by medical management, not from the patient's underlying condition. Some adverse events are not preventable and they reflect the risk associated with treatment. When medical error does cause injury because the caregiver deviated from the accepted standard of care, a medical malpractice claim may arise.
If you believe you or someone you know has been the victim of medical malpractice, you should seek legal counsel immediately.
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