Blog

When an individual has suffered an injury at work, the Pennsylvania Workers’ Compensation Act provides the employee with missed wages and medical benefits to help them. It is important to note that employers cannot retaliate against an employee for filing a Workers’ Compensation claim. Employers can fire an employee for another legal reason, even...Read More >>

When people think of work-related injuries, images of broken bones and occupational diseases may come to mind. Although these are prevalent, less obvious musculoskeletal disorders (MSDs) that develop from working conditions are the most common. Lower back and shoulder injuries, carpal tunnel, trigger finger, and tendonitis may not be easy to see, but employees...Read More >>

Accidents happen every day due to distracted driving. Driving requires focus and is not something to be taken lightly. Both drivers and passengers have responsibilities while in a moving vehicle to keep themselves safe. Unnecessary distractions take a driver’s attention off the road, causing them to potentially lose control of their vehicle and crash....Read More >>

After an accident occurs, a worker’s ability to function can be compromised by injuries. This impairment can be partial, total, temporary or permanent. Workers who suffer these on-the-job injuries may have their Workers’ Compensation benefits determined by an impairment rating evaluation (IRE). In June of 2017, the State Supreme Court proclaimed that certain provisions...Read More >>

In Allegheny County and across western Pennsylvania, numerous men and women work in coal mines. In fact, the Pittsburgh area’s coal mining region has become somewhat of a tourist attraction in recent years. However, it hides a dark side that has come to light in past decades. Coal mining companies have negligently exposed employees...Read More >>

No job is free of risk. Regardless of what your occupation may be, there is always the chance of getting injured while on the job. Luckily, most jobs do not pose high risks for injuries and fatalities. However, there are certain professions that have a much higher risk than others. The following are the...Read More >>

There are many categories of workplace discrimination, and they are all defined by treating a person or persons unfairly on the basis of their religion, sex, race, age, or other protected class. Some of the most frightening of these can be gender discrimination and sexual harassment. Clear examples of sexual harassment include inappropriate comments...Read More >>

The results of a car accident can be made exponentially worse if an uninsured driver is involved. Although all drivers are required by law to possess insurance, many are driving without. In some states, drivers need only to have minimum insurance requirements. This means that even if a motorist that causes a crash has...Read More >>

With winter finally here, it is well known that there are many precautions that we must take, and many conditions which we must be aware of when it comes to driving. While most drivers are very aware to drive cautiously in wintery weather such as snow, sleet, and ice, what many fail to consider...Read More >>

Workers’ Compensation is payment provided to workers who are temporarily or permanently not able to work due to injury. Whether or not a worker can retire while receiving Workers’ Compensation will depend on what type of benefits they are receiving, and their definition of retirement. For example, those receiving wage loss benefits or temporary...Read More >>

Being a mother and a working woman at the same time is not always the easiest situation. Though most women can work without much change during pregnancy, some face complications that leave them unable to perform their usual tasks. Working While Pregnant Under federal law, employers are legally obligated to treat pregnant women in...Read More >>

The winter season in the northeast brings hazards of snow and ice. Slip and falls can happen at any time, but if someone falls on another owner’s property, what happens next? A fall on snow or ice can cause anything from minor to major limb, back, and head injuries, among others, and anyone at...Read More >>

This time of year, many companies sponsor holiday work parties for their employees. These events are great opportunities for socializing and networking with co-workers – but things can get out of hand. Some provide open bars, which can lead to overindulgence and unfortunate consequences like car accidents. It is always wise to take it...Read More >>

Each year, motor vehicle manufacturers issue recalls. Last year alone, there was a total of 30.7 million. Yet the National Highway Transportation Safety Administration (NHTSA) reports that just 70 percent of these vehicles get the needed repairs. The question this raises is, why? In the first place, many car owners do not receive the...Read More >>

People fear and criticize lawsuits, however it is important to recall why the civil justice system was created. It was created to protect you and your family and hold people and businesses accountable.  Financial compensation does not replace what you have lost, however AlpernSchubert will strive to ease your pain and help you move...Read More >>

You have certainly heard of Black Friday, the day after Thanksgiving when holiday shopping kicks into high gear. But the day before Thanksgiving also has a nickname. That unfortunate nickname is Blackout Wednesday, also known as Drinksgiving, because it is a day when people tend to consume alcohol and drive while drunk, before heading...Read More >>

Commercial trucks can be seen everywhere on our nation’s roads and highways, and it appears they are getting bigger than ever. The maximum weight for a commercial vehicle is 80,000 pounds. This is one reason why truck accidents are more fatal than those involving two cars. In fact, the National Institute of Traffic and...Read More >>

Personal injury and Workers’ Compensation claims are not at all similar and require different kinds of expertise. However, in certain situations, such as a car accident that happens in the course of work, the employee may be entitled to Workers’ Compensation benefits and also have grounds for a personal injury claim based on negligence....Read More >>

The legal team at AlpernSchubert P.C. is pleased and proud to announce that the firm has again been named as a Best Law Firm by The Best Lawyers in America©, a respected organization that highlights the top 5 percent of practicing lawyers in the United States as organized by state, city, and practice areas....Read More >>

Most people’s eyes glaze over at the legal term subrogation, but it can be important when you have been injured on the job and are awarded financial compensation to pay for medical bills and time away from work. Subrogation may become problematic. For example, if you are injured by a power saw at work,...Read More >>

Apple’s Do Not Disturb While Driving feature seems to be encouraging some drivers to put down the phone behind the wheel. According to the creators of EverDrive, (an iOS and Android app that monitors users driving habits) 80 percent of EverDrive users utilized the feature, decreasing their overall cell phone use while driving by...Read More >>

Recent reports suggest that construction workers are more susceptible to substance abuse because of the physical nature of the work. Injury rates for construction workers are 77 percent higher than other occupations. Workers return to work before their bodies are completely healed because of the need for income. They are either forced to return...Read More >>

Red light accidents were the cause of 673 fatalities and 122,000 injuries in 2010, according to the Insurance Institute for Highway Safety (IIHS). However, despite efforts to reduce drivers running red lights, those numbers continue to increase. The IIHS reports that approximately 137,000 people were injured in 2015 and 811 people were fatally injured...Read More >>

Some jobs are inherently more dangerous than others. Construction is one of those jobs. According to the Occupational Safety and Health Administration (OSHA), nearly one in five workplace fatalities occurred in the construction industry. Of the more than 990 workers who died in construction site accidents, more than half were involved in what OSHA...Read More >>

With the #MeToo movement currently at the forefront of national news, many men and women find themselves reflecting on their own encounters with employers and other authority figures. They may wonder if some of the behavior they have been exposed to constitutes sexual harassment. When do suggestive jokes or playful flirting cross the line...Read More >>

The Pennsylvania Legislature is considering a bill that would change Workers’ Compensation law and benefits. The bill, H.B. 1840, would allow an insurer to request a review of a worker’s status after they have received permanent disability benefits for two years. The bill would authorize an insurance carrier to require an employee to submit...Read More >>

Many children behave better when they know their parents are watching. It appears this may also hold true for teenagers learning to drive. According to a new study, teens are less cautious and take more risks once they have obtained their license and can drive without supervision. A Reputation for Risky Behavior Teenage drivers...Read More >>

Millions of children will be returning to school soon after enjoying a long summer break. One of the main topics on any parent’s mind is the safety of their children returning to the classroom. Unfortunately, accidents can happen anywhere, and children are at most risk for serious injury while traveling to and from school....Read More >>

The legal team at AlpernSchubert P.C. proudly announces that partner Richard Schubert has once again been included in the prestigious Best Lawyers in America publication for plaintiff’s personal injury litigation. Richard has received this honor every year since 2005, making this his fourteenth consecutive year. For more than 37 years, Richard has had noteworthy...Read More >>

Every state has laws in place to protect workers’ rights. The Pennsylvania Human Relations Act (PHRA) protects residents from unlawful discrimination based on several protected categories, including age, race, and religion. The PHRA addresses discrimination in housing, commercial property, education and public accommodations, and employment. The PHRA makes it illegal for an employer to...Read More >>

Accidents involving bicyclists and cars can be caused by the bicyclist, the vehicle driver, or both. The bicyclist is more subject to injury or fatality because their only protection is a helmet and motor vehicles are more powerful in size. There are laws that apply to bicyclists and how vehicles should be operate around...Read More >>

The Pennsylvania Superior Court recently rejected an uncommon type of non-hire clause between two competing trucking companies. The non-hire clause invalidated in Superior Court was an agreement between Pittsburgh-area firms, Pittsburgh Logistics Systems (PLS), Inc. and BeeMac Trucking, LLC, to not to hire each other’s employees. This type of clause is different from traditional...Read More >>

Millions of Americans spend the long days of summer swimming in their backyard or community swimming pool. However, there is a hidden danger in the water of which many people are unaware. Electric shock in water is virtually undetectable by swimmers, and it can be deadly. Common electrical devices like sump pumps, power washers,...Read More >>

New federal regulations making rearview cameras mandatory for all new cars sold in the United States took effect on May 1. The National Highway Traffic Safety Administration (NHTSA) announced the regulations four years ago and set the 2018 deadline to give car makers time to implement the changes. The NHTSA expects the numbers of...Read More >>

The legal team at AlpernSchubert proudly announces that partner Larry Chaban has been honored with the Milton D. Rosenberg Award. This prestigious recognition is given annually to a trial lawyer whose devotion to injured victims, qualities of leadership, and service to the Pennsylvania Association for Justice (PAJustice) organization best represent the life of the...Read More >>

Some of the most devastating workplace injuries are those caused when an employee falls. In fact, working just six feet above the ground puts workers at serious risk for fall-related injuries. It may be hard to imagine fatal injuries resulting from falling relatively short distances; however, research has shown that regardless of height, when...Read More >>

Falls are the leading cause of injuries and death among American seniors. In fact, falls send senior adults across the United States to the emergency room every 11 seconds on average. Falls can lead to cuts, bruises, broken bones, and knee, neck, and head injuries. After a slip and fall accident, seniors often become...Read More >>

According to the safe driving advocacy group, We Save Lives, summer is one of the most dangerous times of the year, especially for teens. On average, teen car accident fatalities increase 26 percent in the summer compared to the rest of the year. Teens are out of school, have more free time, and are...Read More >>

An at-will employee is one who can be terminated at any time without the employer having to give a reason. They also may or may not give notice of termination. At-will employees have very few remedies available to them unless the employer breaks a law or violates their employee rights. In fact, in every...Read More >>

The Memorial Day Weekend is one of the deadliest for travelers. Serious and fatal car accidents related to drunk driving increase over the holiday weekend as people travel to barbeques, parades, parties, and celebrations. This is an annual issue. The American Automobile Association (AAA) estimates there will be nearly 37 million people hitting the...Read More >>

Richard J. Schubert, Managing Partner of AlpernSchubert, P.C. has once again been honored as a Super Lawyer for 2018. Mr. Schubert has been recognized each consecutive year since 2008. This recognition reflects the personal attention and dedication he provides to each of his clients, and the foundation of experience he has built for more...Read More >>

A new study reveals that one third of recent high school graduates have ridden with an impaired driver in the past year. According to the study, published in the Journal of Studies on Alcohol and Drugs, young adults are also more likely to ride with a driver who is under the influence of marijuana...Read More >>

The Pennsylvania Workers’ Compensation Act provides for Workers’ Compensation benefits for employees who suffer a work-related injury. This no-fault system covers medical expenses, lost wages, and disability for injured workers. This may be true even if the employee has a pre-existing condition. If the pre-existing condition is aggravated or worsened by the work an...Read More >>

We are proud to announce that Richard J. Schubert of AlpernSchubert P.C. received a judicial ranking from Martindale Hubbell, which is the highest possible designation granted by the organization. This prestigious honor is bestowed upon those who have been recognized by both peers and judges in the legal industry and denotes professional excellence in...Read More >>

In a landmark decision, a New York federal appeals court ruled that the protections in Title VII of the Civil Rights Act of 1964 extend to claims of employment discrimination based on sexual orientation. While it has long been established that Title VII prohibits employment discrimination based on race, color, religion, sex, and national...Read More >>

According to the National Highway Traffic Safety Administration, 11,000 crashes happen every year due to tire-related issues. Maintaining your tires is critical to your safety and that of passengers traveling with you, as well as other drivers sharing the road. Good Tire Maintenance Certain drivers think engine maintenance is the key to a car’s...Read More >>

The House and Senate in Pennsylvania are close to approving a bill that would classify asbestos claims under the umbrella of Workers’ Compensation. Five years ago, the Pennsylvania Supreme Court removed asbestos and other related claims from the realm of Workers’ Compensation. However, the proposed bill to reverse that action is gaining traction. Labor...Read More >>

For the second consecutive year, more than 40,000 people were killed in motor vehicle accidents. Preliminary estimates from the National Safety Council (NSC) reveal that the number of deaths in 2017 is six percent higher than in 2015. Many of these fatal accidents are caused by distracted driving, a behavior that the National Highway...Read More >>

The largest power plant in Pennsylvania and an Ohio-based engineering company have been issued fines by Occupational Safety and Health Administration (OSHA) for their roles in an industrial accident that led to the deaths of two workers and injury of four others. The workers were exposed to a toxic gas, hydrogen sulfide, while inside...Read More >>

The Americans with Disabilities Act (ADA) was passed in 1990 to prevent workplace discrimination based on disabilities. It also guarantees the civil rights of people with disabilities to participate in state and local government programs and services, and in everyday life as consumers. Now a bill has been passed by the U.S. House of...Read More >>

The U.S. Bureau of Labor Statistics has released a report for 2016 that shows double-digit increases in workplace violence and overdose fatalities. Fatal work injuries increased by seven percent over 2015 numbers to the highest level seen since 2008. A total of 5,190 people died in the U.S. in 2016 from work injuries vs....Read More >>

The Commercial Vehicle Safety Alliance holds an annual event in October geared toward driver safety. This year during Operation Safe Driver Week, law enforcement throughout the United States and Canada increased their enforcement of traffic safety rules and educational efforts with the goal of raising awareness of dangerous driving behaviors. Over the course of...Read More >>

Many people do not enjoy changing the clocks for daylight saving time, especially in the spring when moving the clocks forward means losing an hour of sleep. Research shows that losing this hour of sleep is linked to a spike in the accident rate during the week that follows daylight saving time. Daylight Saving...Read More >>

In winter months the weather can wreak havoc for commuters. Snow and ice can make highways slick resulting in multi-car pileups. In cities, slippery roads and side streets can cause fender benders and increase the risk of pedestrian accidents. The injuries from snow and ice accidents can vary widely including: Soft tissue injuries like...Read More >>

Although it is not the most populous county in Pennsylvania, Allegheny County has the most motor vehicle collisions. In fact, 10 percent of all crashes in the state happen there. Philadelphia County has more people per square mile, but 700 fewer crashes. A new study examined Allegheny County’s crash data to determine exactly where...Read More >>

Votes on Senate Bill 936 were split 98-98 in the House last week, creating an urgent need for opponents to the drug formulary bill to make their voice heard before the next vote takes place in March. To learn more about this bill, read our earlier post. Offering his view on the matter, Pittsburgh Workers’...Read More >>

A decision will soon be made on a bill that could jeopardize the care you would need and deserve after a workplace injury. The bill – SB 936 – proposes a “drug formulary” that could take decisions out of your doctor’s hands and give the power to a system that is commanded by the...Read More >>

Nearly everyone is aware of the dangers associated with driving under the influence of drugs or alcohol. Yet few people know that driving while drowsy can be just as dangerous. Many drivers cannot tell when they are too tired to drive, or do not realize just how much drowsy driving affects their judgment and...Read More >>

Winter weather comes with an added danger to workers who spend time outdoors. Even temperatures above freezing can expose workers to the risk of hypothermia, frostbite, and in extreme cases, death. Employers have a responsibility to provide their employees with a safe work environment that is free from unnecessary or known risks, including cold...Read More >>

Researchers at the Massachusetts Institute of Technology’s Age Lab and Touchstone Evaluations, a human factors engineering firm from Michigan, have released a study in which they are attempting to describe human “attentional awareness” with a mathematical algorithm. Ultimately, they hope that with this kind of knowledge, cars of the future will be better designed...Read More >>

Operating a motor vehicle while under the influence of alcohol is a recipe for disaster. Alcohol lowers a person’s inhibitions, affects their ability to react quickly to certain situations, and impairs good judgment. While it is common knowledge that drunk driving is a bad idea under any circumstances, what may come as a surprise...Read More >>

Robots are already at work in many industries doing packaging, assembly, material handling, and quality testing tasks. A new alliance partnership between the Robotics Industry Association (RIA), National Institute for Occupational Safety and Health (NIOSH), and the Occupational Safety and Health Administration (OSHA) ensures that worker safety will continue to advance as installation of...Read More >>

For decades, Black Friday has been known as the biggest shopping day of the calendar year. However, Cyber Monday is overtaking Black Friday as people choose the convenience of shopping online at home. There are no crowds to battle and the deals are just as good or better. Free shipping is also a big...Read More >>

The Pennsylvania Supreme Court has ruled on a case concerning a bad faith insurance claim, unanimously upholding the decision of the state Superior Court in favor of the plaintiff. At issue was whether a policyholder must demonstrate ill will on the part of an insurer as well as lack of a reasonable basis in...Read More >>

A recent study by safety advocates found that more than 25 percent of vehicles sold at CarMax had unrepaired safety recalls. The study used about 1,700 cars listed for sale at eight different CarMax locations in three states. Some cars contained recalled Takata airbags, which have been linked to fatal malfunctions in accidents. The...Read More >>

Thanksgiving is one of the most popular American holidays with millions of people driving to meet their friends and family to celebrate. Unfortunately, this also means heavy traffic on all roads throughout our communities and more car accidents, some of which result in serious or fatal injuries to passengers. By preparing for your trip...Read More >>

Self-driving automobiles may seem like a futuristic fantasy, but they are already here. In fact, there is currently a U.S. Senate bill to address self-driving vehicles. The bill – The American Vision for Safer Transportation through Advancement of Revolutionary Technologies Act – was recently amended. Lobbyists from companies that are developing self-driving technology wanted...Read More >>

The state senate recently passed a bill mandating a drug formulary for Workers’ Compensation. Although insurers are welcoming of the bill, it is being rigorously opposed by trial attorneys, who believe it is an attempt to curb utilization review organizations. Formularies have been historically used by medical insurers to control prescription costs by listing...Read More >>

The Bureau of Labor Statistics (BLS) records data on all fatal work-related accidents across the country every year. The data is compiled in the BLS Census of Fatal Occupational Injuries. In 2015, there were nearly 5,000 fatal work injuries – the highest number in a single year since 2008. Some professions are more prone...Read More >>

We are proud to announce that Lawrence R. Chaban of AlpernSchubert P.C. has been recognized as one of Pittsburgh City Paper’s “Pittsburgh’s Finest 2017” for his achievements in the fields of Workers’ Compensation, Social Security disability and short and long-term disability claims. The Pittsburgh City Paper’s Profile Series features businesses and professionals in the...Read More >>

With Halloween right around the corner, thousands of children across the state will be donning elaborate costumes and running from door to door in their town, hoping to gather up some sweet treats. In Pittsburgh, late October means shorter days and colder weather, putting children and adults alike at risk of becoming the unwitting...Read More >>

Many studies, both national and international, have shown that the use of daytime running headlights reduces the risk of being in a car accident. Motorists and pedestrians can better see vehicles with headlights than vehicles without headlights even during the daytime. Despite the evident benefits of permanent headlight usage, there is a debate regarding...Read More >>

Employment contracts for executives and other top management positions typically contain non-compete clauses prohibiting the person from working for a competing firm within a specified time frame after leaving their position. This is to prevent people with valuable company knowledge from leaving and taking trade secrets with them to industrial rivals. The number of...Read More >>

Many types of industries from construction to airlines use conveyor belts to move products and materials in the work environment. Considering the many moving parts and the machinery required to keep conveyor belts working, there is a high level of risk of injury for workers using them. Conveyor belts were responsible for approximately 35...Read More >>

Car accidents are one of the leading causes of brain injuries in the U.S. However, many victims do not realize that they have suffered brain trauma after an accident. This could potentially make the situation more dangerous for victims. A brain injury can even be overlooked in an emergency room. This results in an...Read More >>

Workers’ Compensation insurance is obligatory for all employers in Pennsylvania, even companies that have only one part-time employee. If you are injured on the job in Pennsylvania, Workers’ Compensation will likely cover your medical expenses, as well as pay a portion of your lost wages. Below are the procedures you need to take in...Read More >>