Managing the Flow of Your Worker Comp Claim in Media
Schrom & Shaffer's attorneys are dedicated to helping clients who have been injured on-the-job process a worker comp claim in Media.
Your rights to benefits or a worker compensation settlement in Media are governed by Pennsylvania
law and our attorneys know how to navigate those laws.
Contact us to speak with an attorney to learn more about how to file a Media worker compensation claim.
Flow of a Media Worker Compensation Claim
If you are injured on the job, the first step is to report to your employer that you are injured, at which point your employer is required to notify Pennsylvania that you are hurt.
At that point, you need to report to your doctor.Pennsylvanialaw allows you to choose your own doctor unless your employer accepts your claim and has listed the right number of doctors in accordance with the law.
Other regulations related to choice of doctor can protect your privacy and your right to direct your own health care.
If your employer is amenable and your injury is not long-term, you will receive treatment, recover from your injury, and return to work.
Many workers find that they require the assistance of an attorney in order to process the claim or to negotiate a worker compensation settlement in Philadelphia, Media, and Delaware County, PA.
How to Handle Disputes over Your Worker Comp Claim in Philadelphia and Delaware County, PA
If your employer denies your worker comp claim in Philadelphia, Media or Delaware County, PA, you should contact our offices to learn about what comes next and how we may be able to enforce your rights.
Our attorneys can guide you through the process of asserting your claim or negotiating a fair worker compensation settlement that reflects the true value of your injury:
Medical visits and other medical expenses
Loss of wages while injured or healing
Value of lost future wages in cases of long-term disability
Call toll-free 866-712-9506 to speak with a lawyer about your Media worker compensation claim.
GENERAL QUESTIONS Q. What are case costs?
A. Case costs are those costs associated with a lawyer getting your case ready for trial. For example, the filing fees required by the court and expenses for depositions and experts. Case costs vary depending on the complexity of the case.
Remember that if our attorneys do not recover anything for you, you will generally not have to pay back the case costs to us. This is not true of all law firms, so make sure you understand what other firms might propose to you. Of course, we will be happy to answer any of your questions about fees or costs before you decide to hire an attorney from our firm.
Q. What is the difference between mediation and arbitration?
A. Mediation is a cooperative process and uses an experienced neutral third party (a mediator) to facilitate consensus building and discussion, in order to reach a mutually satisfactory resolution. In most cases the results of the mediation are non-binding.
Arbitration also employs an experienced neutral third party (an arbitrator), who listens to both sides and makes a decision, which is usually binding. The mediation panel is often comprised of attorneys who are familiar with the injury issues involved in the case.
Q. Can results from mediation or arbitration be appealed?
A. Because the result of mediation is non-binding, the parties can still bring their issues before a judge, although this is not an appeal. In the case of binding arbitration, an appeals process may take place only if the parties have agreed, before the arbitration begins, to allow one. Generally though, the decision of the arbitrator is final and the appellate process is not available.
Q. Should I get a second legal opinion regarding my case?
A. It may be beneficial for you to get a second legal opinion in your case if it is a complex matter or you doubt your current lawyer's ability or judgment regarding the specific areas that your case touches upon. Getting a second legal opinion does not mean you have to fire your current lawyer or hire the lawyer providing you with the second legal opinion. Firms like Schrom & Shaffer, P.C. offer free consultations regarding a second legal opinion. (610) 565-5050.
PERSONAL INJURY
Q. What do you mean by "personal injury"? What kinds of cases does this include?
A. Personal injury is a broad term that means any kind of accident or occurrence that leads to bodily injury. Some examples of this are:
car, truck and motorcycle accidents
professional/medical malpractice
mesothelioma/asbestos cases
products liability (injury from a defective product),
injury from defective medicines (e.g., diet drugs, Vioxx, Rezulin, Baycol)
wrongful death cases
Auto accidents
Aviation Disasters
Toxic Exposure
Home Accidents
Dog Bites
general/personal negligence
work injuries
Construction site accident and injuries
Q. How do I know if I have a Personal Injury claim?
A. To have a personal injury case, you must be able to show that you have been injured. This may be a physical injury or it may be an emotional injury. In addition, you must be able to show that someone else (the defendant) is at fault for your injury under a negligence, strict liability or intentional misconduct theory. In some cases, it may be necessary for you to show that the other party is more at fault for the injury than you are. You should consult a lawyer as soon as possible to discuss your injuries.
Our firm offers free consultation, with no obligation, therefore, you have nothing to lose by consulting an attorney before you accept the insurance company's offer. There is a statute of limitations that requires you to file suit within a specific period of time, depending upon the circumstances of your case, or else you will not be able to obtain any compensation for your injuries. An attorney will be able to help you keep within the statute of limitations.
Q. How long do I have to make a claim for Personal Injuries?
A. Each state has certain time limits, called "Statues of Limitations" that govern the period during which you must file a personal injury lawsuit. In Pennsylvania you have two years to file a lawsuit resulting from an accident or injury. If the injured person is a minor, then they have until two years after their eighteenth birthday to file a claim. Other states also have the same statute of limitations include: New Jersey, Delaware, California and New York. If you or your attorney miss the statutory deadline for filing a case, your case is thrown out of court.
Q. What is the Statute of Limitations?
A. The statutes of limitations are time frames in which you have to file a lawsuit. When the statute of limitations expires on your case, you simply can't bring your case to court. In some states the statute of limitations for medical malpractice suits, suits against governmental agencies, and wrongful death actions are shorter or longer than that for other types of personal injury cases. A lawyer can advise you of the statute of limitations applicable to your specific injuries.
Q. What if I have a personal injury case but can't afford legal fees?
A. We take most cases on a contingency fee basis, which means you wouldn't owe us any fees unless you recover. Our fee is a percentage of what our attorneys collect on your behalf.
Q. How much do you think my claim is worth?
A. It is not possible to answer this question before investigating your case. We may be able to give you a likely range based on, past cases in court, along with the circumstances and merits surrounding your accident. A personal injury victim should receive the maximum amount of compensation they are legally entitled to receive. The insurance company and their team of lawyers should not determine the fair value of your claim as their goal is to keep the amount of payouts low. There is no simple formula for determining the value of a claim or case.
Some factors that determine the value of a claim include: how serious the accident was, the severity of the injuries, whether the injuries are permanent or temporary, whether the injured party was an income earner or supporting others, the cost of medical treatments, whether there was or is pain and suffering, whether negligence was involved, whether lifelong care will be involved, etc. Contact a lawyer at Schrom & Shaffer to investigate the value of your claim.
Q. The insurance company representative says I don't need a lawyer. Is this true?
A. Insurance Company representatives are paid to represent your interests as a policy holder, their own interests and to minimize their (the insurance company's) payouts. In that case, the insurance company has a conflict of interests. We highly recommend that you have a lawyer representing for your interests. We suggest that our clients not even speak to insurance companies until they have an attorney representing them. Experienced lawyers are in a stronger position to reach a favorable settlement, having greater resources to bring to bear in a case. By obtaining legal representation you can be sure that you have an advocate fighting to ensure you receive the maximum compensation under the law. Contact a lawyer at Schrom & Shaffer today.
Q. What if the person who caused the accident doesn't have insurance?
A. Under some circumstances, your own insurance, (e.g. uninsured coverage), or other insurance (e.g. workers' compensation may cover you for your injuries. Insurance companies allow their customers the option of having 'uninsured motorist' (UM) or 'under insured motorist' (UIM) coverage in addition to basic automobile insurance. In the event of an accident, this additional coverage is designed to compensate you for any lack or shortage of coverage for the other party involved in an accident.
Q. What if the accident is partly my fault can I still have a claim?
A. Pennsylvania uses the concept of "comparative negligence". This means that the fault of all parties is compared and the amount of the recovery for damages sustained by the injured victim is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the amount of damages that they caused". If you're injured by the negligent action of another, but you contributed to the accident by your failure to exercise reasonably prudent care, you're guilty of contributory negligence. For example, if a car accident occurs and the people involved in the accident are both considered somewhat negligent. The plaintiff, the person who initiates the suit, must prove that the defendant is more than fifty-percent (50%) responsible for the accident and injuries. So, let's say the defendant was held to be 60% negligent in the car accident and the value of the case is judged to be $10,000.
As a result of the accident, the defendant must pay the plaintiff $6000 in compensation. Contact a lawyer at our firm today to discuss your accident.
Q. What if I don't have any health insurance? How will my medical bills get paid?
A. Under some circumstances, your medical bills may be paid by the person who caused the injury, the owner of the vehicle you were riding in, other defendants, or in the case of work-related injuries by a Workers' Compensation insurance policy. Contact an attorney at Schrom & Shaffer to discuss your accident further.
Q. My medical bills and loss of income are way more than the insurance coverage of the party who was at fault. The person has no other money. Why shouldn't I just settle for whatever I can get?
A. It is almost always a mistake to accept a settlement without consulting a lawyer. In the event that the at-fault driver's insurance coverage is less than the value of your claim, you may be able to recover additional monies from your own insurance company for under insurance coverage, or other sources. Once you settle, you may lose your right to pursue these claims. Talk to an experienced personal injury lawyer before pursuing any settlement.
Q. Will I have to go to trial to collect what is due to me or can we settle out of court?
Most of the accident claims settle outside of court. Our attorneys always thoroughly prepared to go to trial to ensure the most favorable settlement to your case. In addition, this will increase the chances that the other side will want to settle. Our experience and knowledge allow us to prepare an effective case to maximize your settlement.
Q. How soon can we begin settlement negotiations? I need money NOW.
A. It is often not a good idea to begin negotiations until you have completely recovered from the accident and have a clear idea of the extent of permanent injuries and/or any ongoing needs. Generally, workers compensation cases take about 9-12 months until benefits kick in. As for personal injury claims, those cases often take 1-2 years to reach a settlement. In that time unanticipated medical bills, additional income loss, ongoing pain and suffering can turn an early settlement into a big mistake. To maximize your recovery money, the full extent of your injuries, suffering and financial losses must be known. We will do everything possible to expedite matters and prepare your case for a prompt settlement as soon as is practical.
Q. If a dog bites a person, is the owner liable for doctor's bills?
A. For the most part, the answer to this question is yes. An owner of a dog, or any animal for that matter, may be held liable for the injuries that that animal causes to others. The ease with which a plaintiff can win a "dog bite" lawsuit differs from jurisdiction to jurisdiction depending on the legal theory of recovery available in the plaintiff's location. Some jurisdictions require the plaintiff to show that the animal owner knew, or should have known, that the animal was inclined to attack or bite. In other jurisdictions, the plaintiff may only need to show negligence on the part of the owner in order to recover money for his injuries. Contact an attorney at Schrom and Shaffer today 215-DOG-BITE, to discuss your dog bite injuries.
Q. Can a person recover damages for injuries sustained on someone else's property?
A. An owner of property has a duty to protect members of the public from injury that may occur upon the property. The injured person may be able to recover money for those injuries if he or she can prove that the property owner failed to meet that duty. The problem that plaintiffs face is the nature and extent of the property owner's duty will vary depending upon the facts of the situation and the jurisdiction in question.
Some states focus upon the condition of the property and the activities of both the visitor and owner, rather than considering only the status of the visitor. In Pennsylvania, a uniform standard requires the owner of the property to exercise reasonable care to ensure the safety of invitees, invited guests, and licensees, people on the owner's property for their own purposes (e.g. Door to door salesman) is generally applied. The plaintiff must prove that the duty of care has not been met, through an examination of the circumstances surrounding the entry on the property, the use to which the property is put, the foreseeability of the plaintiff's injury, and the reasonableness of placing a warning or repairing the condition. Obviously, whether reasonable care has been rendered depends greatly upon the particular circumstances.
The property owner's duty of care toward children is greater than the duty owed to adults. Even if the children are trespassers or engage in dangerous behavior, the property owner must still take precautions to prevent foreseeable harm to children on their property. An example of that is a property owner's greater duty of care to children that arises in the with regard to backyard swimming pools. Owners must fence, gate, and lock their pools in a manner that keeps children out and if they fail to do so, they will be found liable for injuries to children, even if the children were trespassers that were warned to stay off the property.
Q. I'm not working and I have no money, how can I hire an attorney?
A. If we file a claim for you, you do not have to pay anything until we recover benefits for you. Attorneys fees are deducted from the benefits that are recovered. Our attorneys fee is 20% of the amount recovered in Worker's Compensation cases.
Q. What Injuries are covered by the Workers' Compensation Act?
A. If your work causes you an injury, aggravates an existing physical condition or causes an illness, the law entitles you to workers' compensation. A preexisting physical or medical condition that already exists may not affect your eligibility for benefits. Work that aggravates an existing disability or causes a disabling injury may entitle you to benefits.
Q. What is a work-related disease or illness?
A. Long term exposure to chemicals, dust, fumes, solvents and various compounds may cause a serious illness or disease or irritate an existing medical or physical condition. You are eligible for workers' compensation if your job causes, in whole or in part, your disease or illness. For example, many mine workers often suffer from two types of work related conditions: "Black Lung Disease" and Silicosis. Black lung disease, is caused by long term exposure to coal dust. Inhaled coal dust builds up in the lungs and is unable to be removed by the body, resulting in inflammation, fibrosis and in the worst case the death of lung cells. As for Silicosis, it is caused by inhalation of crystalline silica dust, and is marked by inflammation and scarring in forms of nodular lesions in the upper lobes of the lungs.
These are two examples, specifically in the coal mining industry, but many other types of occupations contain their own types of risk related to work related diseases or illnesses. It is best to consult with a lawyer, who has the experience and resources to research your case and the history of job related diseases in your industry.
Q. When I suffer a work injury do I have to treat with the company doctor?
A. For the first 90 days of medical care, the law requires you to select from a list of "panel" doctors, doctors chosen by your employer. The law says that there must be at least six doctors for you to choose from. Your employer cannot make the choice for you. You are free to choose your own doctor if your employer does not have a list available. Also you are free to select another doctor on the list if the first choice was unsatisfactory. The list usually is on your employer's letterhead from the workers compensation insurance carrier. The sheet could also explain your rights and obligations under the law.
Q. If I'm released by my doctor for light duty, what will happen to my benefits?
A. Your benefits will continue even though released for light duty if your employer does not have a less physically demanding job available. The job requirements could have to be within the restrictions imposed by your doctor. This allows you to return to work, but prevents attempts to "double dip", which is finding a new job and claiming a second workers' compensation benefits for the same injury.
If you can't do the work, you must inform your employer of such in order to seek further medical consultation. Seeing the doctor once more may give you medical support for your decision.
Q. My employer's doctor releases me to go back to work but my doctor disagrees. What are my rights?
A. You can choose not to go back to work, but if you do not return to work the insurance company will probably file a petition to terminate, suspend or modify benefits. In this case you will continue to receive benefits until a hearing is scheduled for a judge to review your claim. You will not lose benefits until a judge's order is in place.
Q. Recently, I was examined by the company physician. Soon afterwards I received a petition in the mail stating that my benefits should be terminated as of the date of the company doctor's examination. What should I do?
A. To defend against this, you should contact an attorney. Your benefits cannot be stopped without a court order or an agreement of the parties. The petition should be litigated before a workers' compensation judge.
Q. If I receive workers compensation, how much will my benefits be?
A. If you suffer a total disability work injury and can't work, you are entitled to wage loss benefits in addition to medical benefits. The rate of your wage loss benefits is 2/3 of your average weekly wage at the time of the work injury. The compensation rate cannot exceed the annual maximum or go below the minimum benefit compensation rate set forth in the statute.
Q. How soon do I have to tell my employer about an injury?
A. If you are injured at work, tell your supervisor as soon as possible. Often, an injured worker will complete the shift and go home thinking that the pain will subside. Some workers return home injured because they think that the injury is not serious. The phrase "as soon as possible" applies here and is extremely important. An employer is likely to fight a workers' compensation claim if an employee did not give notice in a timely fashion. You have to notify your employer in person and writing ASAP regarding work-related injuries.
Q. What are my rights regarding social security benefits?
A. If a total disability stops you from working for at least six months and your recovery will last at least one year from the date you became disabled, the law entitles you to apply for Social Security Disability Benefits. You can apply for these benefits at the Social Security office nearest to you.
Q. What will I do if my workers compensation payments are stopped?
A. If workers compensation payments are stopped for any reason, contact a lawyer at our firm immediately.
Q. What will I do if my workers compensation is denied?
A. If your employer denies you compensation, you have three years from the date of your injury to file again. It is your responsibility to file again. If you do file again, it is best to obtain a lawyer, one who knows the current workers compensation laws and one who has experience representing injured workers. Schrom & Shaffer has over 25 years of experience representing people injured in workers' compensation cases.
A. Business litigation involves business people representing a variety of industries on local, state and federal levels in matters pertaining to such diverse areas as:
Business Torts: which includes commercial defamation, patent or trademark infringement, trade dress, interference with contractual or economic relations, breach of fiduciary duty, unfair and deceptive trade practices, fraud and misrepresentation, etc.
Class Actions: including securities fraud, commercial and tax issues, and minority shareholder rights.
Contracts: such as a service contract with a primary vendor, an output contract with a key supplier, a sales contract with an important customer, or any other kind of written or oral agreement.
Professional Malpractice: accountants, architects, engineers, doctors and lawyers all face the risk of malpractice claims that can jeopardize business, reputation and finances.
Securities and Antitrust: this includes claims involving securities and investments, claims arising under federal law or state securities laws.
Shareholder and Corporate Governance: shareholder inspection rights, duties of directors and officers, conflicts of interest, derivative actions, business judgment rule defenses, change of control provisions, dissent and appraisal proceedings, involuntary and judicial dissolution, minority shareholder rights and claim and industry-specific issues..
Telecommunications: technical and industry-specific issues, including issues arising out of the Telecommunications Act of 1996.
Q. What do business law lawyers do?
A. Business law encompasses rules, statutes, codes and regulations, that are established to govern commercial relations and provides a framework for you to conduct business in and in which business law attorneys help you in that process. Business law attorneys help you with many different aspects of very diverse business law areas including: acquisition, banking and finance law, business formation and organization, business litigation, business negotiations, business planning, divestiture, merger, sale of businesses, transactional business law, along with environmental, intellectual, property, labor and civil laws.
Q. What is a nonprofit corporation?
A. A nonprofit corporation (whether incorporated or as an unincorporated association) is an organization in which no part of the income is allowed to be distributed to its members, directors, or officers. The corporation is not prohibited from making a profit; the prohibition is that profits cannot be distributed to the members, officers, or directors of the organization. Nonprofit corporations are formed pursuant to state law. Nonprofit corporations must apply for tax exempt status, both at the federal and state level. A nonprofit corporation formed under IRS code Section 501(c)(3) may be formed and organized to operate for some religious, educational, literary, charitable, or scientific purpose. It must be noted that a nonprofit corporation may also be formed for other purposes pursuant to various other sections of the IRS code.
Q. What do I do if someone won't honor my contract?
A. First, it is very important to begin to preserve evidence. Collect every piece of paper that has any information about your contract and when the other person did not honor it. Contact an attorney to find out what else may be considered as evidence.
Q. Should I hire a business law attorney?
A. There are a lot of obvious reasons to retain a business law attorney. In all aspects of a business, there are potential problems that a layman can run into. From what type of business you form, to managing employee relations, pay, retirement funds, etc., it is highly recommended to have an attorney advising you in your commercial matters.
Q. What is involved when litigating a business issue?
A. This depends on the issue. The business owner follows the same process for business litigation as he or she would for any civil lawsuit, including usually obtaining an attorney, pretrial matters such as motions, possible settlement negotiations, trial, and possibly appeals.
Q. How will my attorney be paid?
A. That depends on what type of litigation you have. For the most part, an attorney at Schrom & Shaffer works on a contingency fee basis. On occasion we have hourly, flat-fee, or percentage fee cases. We will consult with you regarding fees before you sign any agreements.
Q. Do shareholders have any legal responsibility to one another?
A. The traditional legal view holds that shareholders have no special responsibilities to one another. In closely held businesses, however, majority shareholders can damage the interests of small shareholders. Since most investors do not want to buy closely held shares, minority shareholders have few options when their interests are compromised. In response, some states and courts developed fiduciary duties among shareholders of closely held businesses.
Q. What are some alternatives to litigation?
A. Businesses often use Alternative Dispute Resolution (ADR) methods. The ADR process usually utilizes arbitration or mediation. These alternatives are attractive because they are often less expensive and more efficient than traditional litigation.
Q. What are some of the most common types of business organizations?
A. The most common types of business organizations include:
Corporation: the default form of a corporation is a C Corporation (also known as Subchapter C Corporation). Smaller corporations typically file for the S Corporation (Subchapter S) tax election so they are not double taxed.
Limited Liability Company (LLC): a hybrid formation that provides personal liability protection similar to a corporation, with the flexibility and tax advantages of a single proprietorship or partnership.
Sole Proprietorship: you are the only owner of the business.
Partnership: can take the form of a regular partnership, a general partnership, limited partnership or Limited Liability Partnership (LLP).
Q. What does it mean to prove guilt "beyond a reasonable doubt?"
A. The prosecutor must convince the judge or jury hearing the case that the defendant is guilty "beyond a reasonable doubt" of all elements of a crime. This standard is very hard to meet. As a practical matter, the high burden of proof in criminal cases means that judges and jurors are supposed to resolve all doubts about the meaning of the evidence in favor of the defendant. With such a high standard imposed on the prosecutor, a defendant's most common defense is often to argue that there is reasonable doubt, that is, that the prosecutor hasn't done a sufficient job of proving that the defendant is guilty.
Q. If I'm accused of a crime, am I guaranteed a trial by a jury?
A. Yes, the U.S. Constitution gives a person accused of a crime the right to be tried by a jury. This right has long been interpreted to mean a 12-person jury that must arrive at a unanimous decision to convict or acquit. In most states, a lack of unanimity is called a "hung jury" and the defendant will go free unless the prosecutor decides to retry the case. The potential jurors must be selected randomly from the community, and the actual jury must be selected by a process which allows the judge and lawyers to screen out biased jurors. In addition, a lawyer may eliminate several potential jurors simply because he feels that these people would not be sympathetic to his side, but these decisions may not be based on the juror's personal characteristics, such as race, sex, religion or national origin.
Q. What is the difference between a felony and a misdemeanor?
A. A misdemeanor offense is charged for a relatively minor crime, while more serious crimes are felonies. The difference between the two is often noted in the punishment given. Criminal punishment for a felony carries more than a year imprisonment in a penitentiary, while those convicted of a misdemeanor often serve a year or less confinement, but not in a prison. Conviction of either a felony or misdemeanor may also carry fines or probation.
Q. Can I "settle" the charges against me?
A. A "settlement" is generally associated with an agreement reached in a civil case by the parties involved. In a criminal case, a prosecutor may offer a "plea bargain" but it isn't required, nor can a defendant demand it. A plea bargain can be offered by the prosecutor and may include:
A reduction in the seriousness of the charges in exchange for a guilty plea
An agreement to reduce the number of charges filed in return for a guilty plea, or cooperation with the government on other cases
Q. Is there a statute of limitations in filing criminal charges?
A. Yes, with the exception of murder, each criminal offense has its own statute of limitations, which vary based on the offense and the laws from state to state.
Q. Why do some people have to post bond to get out of jail and others don't?
A. In determining the amount, if any, of bail that needs to be posted, a judge will consider the following factors:
The type and seriousness of the charges
Any prior failures to appear
Previous criminal record
Connections to the community
The probability that you'll appear in court (i.e. Propensity to flee)
For example, a first-time offender would be more likely to be allowed to post bond, than a repeat offender. Another example is violent versus non-violent crimes. Violent offenders are likely to be seen as a danger to society and held pending their case as compared to a person being held on non-violent criminal charges. A judge takes these and other factors into consideration when deciding whether or not to allow a person to post bail.
Q. What does the "no contest" plea mean?
A. There are three possible pleas to a criminal charge: guilty, not guilty and "nolo contendere" or "no contest." A plea of "no contest" means you don't contest the charges against you. While a "no contest" plea isn't an admission of guilt, it does allow the court to impose a sentence on you. In practical effect, there's no significant difference between a "no contest" plea and a guilty plea.
Why would you want to plead "no contest" instead of "guilty?" If you don't agree that you're guilty, but you believe a judge or jury might find you guilty anyway, you may not want to risk going to trial. In this situation, you may want to agree to an arrangement by which you're allowed to plead "no contest" to the charge, or to a lesser charge, because it'll resolve the case without a trial and won't require you to admit your guilt to criminal acts.
Like a guilty plea, a "no contest" plea waives important constitutional rights, including the right to trial by jury and to confront the witnesses against you. Unless there is some sort of agreement for a deferred adjudication, the court may sentence you on a "no contest" plea as if you pleaded guilty, and you'll have a record of conviction. So, keep that in mind.
Q. Does community service or probation still appear on your permanent record?
A. Community service and probation are types of criminal sentences. You can only be sentenced after you've either pleaded guilty to a crime or been found guilty by a judge or jury. If you pleaded guilty on a deferred judgment or sentence, a diversion program or a deferred adjudication, you won't have a permanent record once you successfully complete the terms of the probation or community service. At that point, the law for all practical purposes considers the guilty plea withdrawn as if it was never entered. There are, however, some circumstances in which you can still be penalized for it. For example, deferred sentences count as in computing your criminal history under federal sentencing guidelines.
If you pleaded guilty with no express conditions as to the deferment of the sentence or conviction, or if you were found guilty following a trial to the court or jury, you'll have a permanent record.
If you pleaded guilty and don't know whether it was pursuant to a deferred sentence type of arrangement, you can go to the courthouse where you entered your guilty plea and ask to see your file. There will be a docket sheet or other listing of court minutes inside, containing the terms of your plea and sentence, including whether the judgment was deferred.
Q. What is a "grand jury"?
A. A "grand jury" is a group of people called together by the prosecutor to gather information about suspected criminal activity by listening to testimony from witnesses and examining documents and other evidence. The prosecutor acts as legal advisor to the grand jury and directs the flow of witnesses and evidence. At the end of the proceeding, the grand jury decides whether there is enough evidence to charge the defendant with a crime.
Q. What is the difference between parole and probation?
A. Parole and probation are employed in the punishment phase of the criminal justice process. Parole occurs when a person has been imprisoned and is released subject to supervision by an officer of the court.
Probation, however, refers to a criminal sentence separate and distinct from incarceration. Probation is the most frequent sentence imposed for less serious or first-time offenses and typically involves releasing the convicted offender into the community subject to a list of terms and conditions.
Q. What is "white collar crime"?
A. White collar crime is a term originally used to describe criminal activity by members of the upper classes in connection with their professions. Today, the most common definition of white collar crime focuses less on the social status of the offender, but instead on the type of conduct involved: illegal acts using deceit and concealment to obtain money, property, or services, or to secure a business or professional advantage. White collar crimes are usually less violent than other crimes, but their effects can be just as devastating, such as in the Enron case. Contact a lawyer at Schrom & Shaffer if you have been charged with a white collar crime.
Q. Are children who are charged with committing crimes prosecuted in the same manner as adults?
A. Children are subject to a separate judicial system called the juvenile court system. Generally, the focus of the juvenile court system is about rehabilitation rather than punishment. In some cases, however, older juveniles who commit more serious crimes will be charged as adults and tried in the regular criminal courts. In such cases, their sentence, too, will be more in accord with adult punishment, whereas in juvenile court any incarceration is usually in a more rehabilitative setting and generally ends when the juvenile attains the age of majority.
Q. Do I need a lawyer to represent me even if I am innocent?
A. Every criminal defendant should consider hiring an attorney. Innocent defendants are perhaps in even greater need of zealous representation throughout the criminal process to ensure that their rights are protected and that the truth prevails. Even innocent people end up in jail, so a good way to prevent that miscarriage of justice is to employ the services of a lawyer who is seasoned veteran of criminal defense law.
Q. If I simply intend to plead guilty, why do I need a lawyer?
A. Even if you are guilty of the crime with which you are charged, it is imperative that you seek the advice of experienced counsel so that you can minimize your sentence and maximize your opportunities to move ahead toward a brighter future. Criminal defense attorneys are needed to equalize the balance of power between the defendant and the prosecution and to ensure that the constitutional rights that are guaranteed to all criminal defendants are preserved.
Q. What is a DUI (Driving Under the Influence)?
A. In order to be convicted of DUI, it must be shown that you were driving or in actual "physical control" of a vehicle. The burden is on the State to show that the police officer had a reasonable suspicion for stopping or approaching the vehicle. If you were stopped at a roadblock, the prosecutor must show that the roadblock was set up in accordance with the Fourth Amendment to the U.S. Constitution. These issues are somewhat complex.
Next, is the officer's roadside determination that there is probable cause to arrest you for DUI. The State must show that it is likely that you were a less safe driver as a result of drinking alcohol and exceeds the state's mandated Blood Alcohol Count (BAC) (.08 in Pennsylvania). Many cases involve the use of sobriety tests. These tests can help an officer make up his mind about whether you should be arrested for DUI.
Q. What is the officer looking for during the initial detention at the scene?
A. Police officers are trained to note the following "symptoms of intoxication" on their report:
Flushed face
Red, watery, glassy and/or bloodshot eyes
Odor of alcohol on breath
Slurred speech
Fumbling with wallet trying to get license
Failure to comprehend the officer's questions
Staggering when exiting vehicle
Swaying/instability on feet
Leaning on car for support
Combative, argumentative, jovial or other "inappropriate" attitude
Soiled, rumpled, disorderly clothing
Stumbling while walking
Disorientation as to time and place
Inability to follow directions or to "divide attention."
Q. What are the primary laws that hearing impaired people use in pursuing discrimination cases?
A. The main laws that are used in anti-discrimination cases are the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. The Rehabilitation Act of 1973 required any program or activity that received federal funding to provide accommodations for "...otherwise qualified individual with a disability in the United States." For examples, airports were one of the first American facilities to become fully accessible to disabled individuals.
The Americans with Disabilities Act, builds further upon the Rehab Act. The ADA covers and protects against discrimination in several major areas of life:
Employment
Public services and transportation
Public Accommodation (and Commercial Facilities)
Telecommunications
For example, as a result of the telecommunications provision, the ADA led to installation of public Teletypewriter (TTY) machines and other TDDs Telecommunications Device for the Deaf.
Q. What employers are covered by title I of the ADA?
A. The title I employment provisions apply to private employers, state and local governments, employment agencies, labor unions and employers. This could mean people who work for a private company, as part of a government agency or as a labor union representative, etc.
Q. What practices and activities are covered by the employment nondiscrimination requirements?
A. The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities.
Q. Who is protected from employment discrimination?
A. Employment discrimination is prohibited against "qualified individuals with disabilities." This includes applicants for employment and employees. An individual is considered to have a "disability" if s/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Persons discriminated against because they have a known association or relationship with an individual with a disability also are protected.
The first part of the definition makes clear that the ADA applies to persons who have impairments and that these must substantially limit major life activities such as seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, and working. An individual with epilepsy, paralysis, HIV infection, AIDS, a substantial hearing or visual impairment, mental retardation, or a specific learning disability is covered, but an individual with a minor, non-chronic condition of short duration, such as a sprain, broken limb, or the flu, generally would not be covered. If you are the victim of employment discrimination contact an attorney at Schrom & Shaffer today.
Q. Who is a "qualified individual with a disability?"
A. A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that he or she holds or seeks, and who can perform the essential functions of the position with or without reasonable accommodation. Requiring the ability to perform "essential" functions assures that an individual with a disability will not be considered unqualified simply because of inability to perform marginal or incidental job functions. If the individual is qualified to perform essential job functions except for limitations caused by a disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation. If a written job description has been prepared in advance of advertising or interviewing applicants for a job, this will be considered as evidence, although not conclusive evidence, of the essential functions of the job.
Q. What is "reasonable accommodation?"
A. A "reasonable accommodation" is any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Reasonable accommodation also includes adjustments to assure that a qualified individual with a disability has rights and privileges in employment equal to those of employees without disabilities.
Q. What are some of the accommodations hearing impaired applicants and employees may need?
A. Deaf applicants and employees often need to have interpreters or communicative devices, such as an in-office instant messaging system. The decision as to the appropriate accommodation must be based on the particular facts of each case. In selecting the particular type of reasonable accommodation to provide, the principal test is that of effectiveness, for example, whether the accommodation will provide an opportunity for a person with a disability to achieve the same level of performance and to enjoy benefits equal to those of an average, similarly situated person without a disability. The accommodation does not have to ensure equal results or provide exactly the same benefits.
Q. When is an employer required to make a reasonable accommodation?
A. An employer is only required to accommodate a "known" disability of a qualified applicant or employee. The requirement generally will be triggered by a request from an individual with a disability, who frequently will be able to suggest an appropriate accommodation. Accommodations must be made on an individual basis, because the nature and extent of a disabling condition and the requirements of a job will vary in each case. If the individual does not request an accommodation, the employer is not obligated to provide one except where an individual's known disability impairs his/her ability to know of, or effectively communicate a need for, an accommodation that is obvious to the employer. If a person with a disability requests, but cannot suggest, an appropriate accommodation, the employer and the individual should work together to identify one. There are also many public and private resources that can provide assistance without cost.
Q. When can an employer ask an applicant to "self-identify" as having a disability?
A. Federal contractors and subcontractors who are covered by the affirmative action requirements of section 503 of the Rehabilitation Act of 1973 may invite individuals with disabilities to identify themselves on a job application form or by other pre-employment inquiry, to satisfy the section 503 affirmative action requirements. Employers who request such information must observe section 503 requirements regarding the manner in which such information is requested and used, and the procedures for maintaining such information as a separate, confidential record, apart from regular personnel records.
INFORMATION PROVIDED BY THE CDC AND LA STATE DEPT. OF HOSPITALS
Q. What is Staphylococcus aureus (staph)?
A. Staphylococcus aureus, commonly referred to simply as "staph," are bacteria commonly carried on the skin or in the nose of healthy people. Approximately 25% to 30% of the population is colonized, when bacteria are present, but not causing an infection, in the nose with staph bacteria. Sometimes, staph can cause an infection. Staph bacteria are one of the most common causes of skin infections in the United States. Most of these skin infections are minor (such as pimples and boils) and can be treated without antibiotics (also known as antimicrobials or antibacterials). However, staph bacteria also can cause serious infections, such as: surgical wound infections, bloodstream infections, and pneumonia.
Q. What is MRSA (methicillin-resistant Staphylococcus aureus)?
A. Some staph bacteria are resistant to antibiotics. MRSA is a type of staph that is resistant to antibiotics called beta-lactams. Beta-lactam antibiotics include methicillin and other more common antibiotics such as oxacillin, penicillin and amoxicillin. While 25% to 30% of the population is colonized with staph, approximately 1% is colonized with MRSA.
Q. Who gets staph or MRSA infections?
A. Staph infections, including MRSA, occur most frequently among persons in hospitals and health care facilities, such as nursing homes and dialysis centers, who have weakened immune systems. These health care-associated staph infections include surgical wound infections, urinary tract infections, bloodstream infections, and pneumonia.
Q. What is community-associated MRSA (CA-MRSA)?
A. Staph and MRSA can also cause illness in persons outside of hospitals and health care facilities. MRSA infections that are acquired by persons who have not been recently hospitalized or had a medical procedure are known as CA-MRSA infections. Recently, various places in the United States and abroad, there have been new outbreaks of MRSA in correctional facilities. Staph or MRSA infections in the community are usually manifested as skin infections, such as pimples and boils, and occur in otherwise healthy people.
Q. How common are staph and MRSA infections?
A. Staph bacteria are one of the most common causes of skin infection in the United States and are a common cause of pneumonia, surgical wound infections, and bloodstream infections. The majority of MRSA infections occur among patients in hospitals or other health care settings; however, it is becoming more common in the community setting. Data from a prospective study in 2003, suggests that 12% of clinical MRSA infections are community-associated, but this varies by geographic region and population.
Q. What does a staph or MRSA infection look like?
A. Staph bacteria, including MRSA, can cause skin infections that may look like a pimple or boil and can be red, swollen, painful, or have pus or other drainage. More serious infections may cause pneumonia, bloodstream infections, or surgical wound infections.
Q. Are certain people at increased risk for community-associated staph or MRSA infections?
A. CDC has investigated clusters of CA-MRSA skin infections among athletes, military recruits, children, Pacific Islanders, Alaskan Natives, Native Americans, men who have sex with men, and prisoners.
Factors that have been associated with the spread of MRSA skin infections include: close skin-to-skin contact, openings in the skin such as cuts or abrasions, contaminated items and surfaces, crowded living conditions, and poor hygiene.
Q. Is MRSA a problem for prison health care and guards?
A. There are several reasons why prison staff are becoming more concerned about MRSA.
(1) Throughout the USA, MRSA infections are becoming more common in community settings, including prisons.
(2) Staph, (including MRSA) is spread by direct contact. In prison settings, there are many opportunities for direct contact among inmates.
(3) A MRSA outbreak can cause much anxiety for inmates and staff and MRSA infections can vary widely in severity
(4) Identifying a MRSA infection can be difficult because the symptoms of MRSA infection are similar to those of other skin infections.
Q. How can I prevent staph or MRSA skin infections?
A. Practice good hygiene:
Keep your hands clean by washing thoroughly with soap and water or using an alcohol-based hand sanitizer.
Keep cuts and scrapes clean and covered with a bandage until healed.
Avoid contact with other people's wounds or bandages.
Avoid sharing personal items such as towels or razors.
Q. What should I do if I think I have a staph or MRSA infection?
A. See your doctor or health care provider as soon as possible.
Q. Are staph and MRSA infections treatable?
Yes. Most staph and MRSA infections are treatable with antibiotics. If you are given an antibiotic, take all of the doses, even if the infection is getting better, unless your doctor tells you to stop taking it. Do not share antibiotics with other people or save unfinished antibiotics to use at another time.
However, many staph skin infections may be treated by draining the abscess or boil and may not require antibiotics. Drainage of skin boils or abscesses should only be done by a health care provider.
If after visiting your health care provider the infection is not getting better after a few days, contact them again. If other people you know or live with get the same infection tell them to go to their health care provider.
Q. If I have a staph, or MRSA skin infection, what can I do to prevent others from getting infected?
A. You can prevent spreading staph or MRSA skin infections to others by following these steps:
Cover your wound. Keep wounds that are draining or have pus covered with clean, dry bandages. Follow your health care provider's instructions on proper care of the wound. Pus from infected wounds can contain staph and MRSA, so keeping the infection covered will help prevent the spread to others. Bandages or tape can be discarded with the regular trash.
Clean your hands. You, your family, and others in close contact should wash their hands frequently with soap and warm water or use an alcohol-based hand sanitizer, especially after changing the bandage or touching the infected wound.
Do not share personal items. Avoid sharing personal items such as towels, washcloths, razors, clothing, or uniforms that may have had contact with the infected wound or bandage. Wash sheets, towels, and clothes that become soiled with water and laundry detergent.
Drying clothes in a hot dryer, rather than air-drying, also helps kill bacteria in clothes.
Talk to your doctor. Tell any health care providers who treat you that you have or had a staph or MRSA skin infection.
Q. What resources should the prison make available to staff and inmates to prevent the spread of MRSA?
A. All employees and inmates should have ample access to soap, water and clean towels. In addition, commercial disinfectants or bleach solutions should be used daily to clean equipment or other parts of the facility, especially those that have come in contact with an infected inmate. Also soiled laundry should be carried in a plastic or waterproof container and hands should be washed thoroughly after handling any laundry.
Q. As a prison employee, what should you do to prevent/aid in the treatment of sick inmates?
(1) If you observe inmates with open draining wounds or infections, refer the inmate to the prison health care provider.
(2) Enforce hand hygiene with soap and water or alcohol-based hand sanitizers( if available) before eating and after using the bathroom.
Q. What employment law does MRSA fall under?
A. MRSA falls under the Pennsylvania Occupational Disease Act of 1939 (P.L. 566, No. 284). This act states the legal requirements for proving an occupational disease for the purpose of Workers' Compensation. These requirements are as follows: The injury includes diseases caused by and related to employment.
Also the employee must prove the following:
(1) Exposure to the disease by reason of the employment
(2) The disease is industry related.
(3) There is a substantially greater incidence of the disease in the industry/location as opposed to the general population.
Q. What standard governs hazardous chemicals on a construction site?
A. OSHA's Federal Standard 29 CFR 1926.59. Employees have a right to know about the hazards that may exist from using or being exposed to chemicals on a construction site.
Below is an OSHA video which explains employer requirements regarding hazardous chemicals
Q. What should I do if I suspect a safety violation or have witnessed unsafe practices on the construction site?
A. You have the right as a worker to a safe workplace. If you witness or suspect unsafe practices or exposure to dangerous or hazardous conditions on the construction site, contact OSHA. Employees have the right to request an investigation of their workplace through OSHA. For more information on how OSHA conducts investigations of the workplace, watch the video below:
Q. If I request an OSHA investigation for suspected unsafe work conditions can my employer fire me?
A. It is against the law for an employer to take retaliatory measures against employees who request OSHA investigations. If you have been retaliated against please do not hesitate to contact our office. (610)565-5050.
For any further questions please do not hesitate to contact a lawyer at Schrom & Shaffer, P.C.. Our experienced attorneys are ready to tackle your legal problems!
4 West Front Street Media, Pennsylvania 19063 Telephone: 610-565-6060
Toll-Free: 866-712-9506 Fax: 610-565-2980
Over 25 years representing clients in: Aldan, Aston, Brookhaven, Chester City, Chester Heights, Clifton Heights Collingdale, Colwyn, Darby, East Lansdowne, Eddystone, Folcroft, Glenolden, Lansdowne, Marple, Marcus Hook, Media, Millbourne, Middletown, Morton, Norwood, Nether Providence, Parkside, Prospect Park, Radnor, Ridley Park, Rose Valley, Rutledge, Sharon Hill, Springfield, Swarthmore, Trainer, Upper Darby, Upland, Yeadon, Villanova, Drexel Hill, Broomall, Lima, Wayne, Ardmore, West Chester, Philadelphia and other surrounding suburbs to name a few!
