As per the Governor's shut down we are working remotely, however rest assured that we are still working to protect your rights! Please email us at dbrilliant@bnlegal.com for Dina Brilliant and gneiman@bnlegal.com for Glenn Neiman or call us at (215) 638-7500 and leave a message as we are checking our messages.

A new Frequently Asked Question has been, "I have the Coronavirus, can I get workers' compensation benefits?" The answer is that, yes, you may be entitled to workers compensation benefits depending on the facts. This can be whether you have contracted COVID-19 through work, or whether you have lost a modified duty job through an employer closing or layoff. Email or call us to discuss the specifics of your case in regard to the Coronavirus or any other work injury.

Injured Worker Not in Scope and Course of Employment When on Break

To obtain workers’ compensation benefits in PA, the worker must be injured while in the scope and course of his or her employment. Fortunately, PA law does not require that a worker be chained to his or her desk, or work area, the entire day. Pennsylvania law recognizes that “small temporary departures” from work do not remove an employee from being in the scope and course of his or her employment. The degree of latitude given also varies depending on whether one is a “stationary” as opposed to a “traveling” employee.

Recently, the Commonwealth Court of Pennsylvania decided Department of Labor & Industry v. Workers’ Compensation Appeal Board (Savani), finding a stationary employee not in the scope and course of her employment when she fell and suffered a fractured arm while off the employer’s property on a paid break. The Court found that being off the employer’s property for personal reasons, even though on a paid break, was not “a small temporary departure from work” or an “inconsequential or innocent departure from work.”

These types of cases vary greatly, depending on the facts in each situation. This is why it is important to have your case reviewed by an experienced PA workers’ comp attorney.

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