Injured PA Workers May Receive More Benefits

A recent ruling by the Pennsylvania Supreme Court changed how injured workers are evaluated, opening the way for extended workers’ compensation benefits. “The court’s decision eliminated the practice of using the American Medical Association guidelines to place a cap on benefits paid out to severely injured workers,” reported the Pittsburgh Post-Gazette.

Until now, workers’ compensation law allowed companies to revisit injuries two years later and evaluate them as a percentage based on the AMA guidelines. If an injury fell below the 50 percent threshold, companies could reduce or cap the payments.

It’s important to note that a work injury doesn’t always fall solely within the realm of workers’ compensation benefits: if the injury happened because of a defective product/equipment or someone’s negligence, you could receive damage awards for medical costs, missed work or pain and suffering.

At Shaffer & Gaier, consultations are always free. Contact us online or call 215-751-0100, and we’ll discuss the details of your case.

How Does the Recall Process Work for Food and Drugs?

There are three different ways food products, medical drugs, and medical devices can be recalled:

  1. At the initiative of the manufacturer of the defective food or drug
  2. At the request of the Food and Drug Administration (FDA)
  3. Upon order of the Food and Drug Administration (FDA), pursuant to its authority under federal law

The way in which a food or drug recall happens depends in part on what type of recall is at issue.  The FDA divides recalls into three different classes, based on the likelihood that the defect in the food product or drug will cause serious injury or death.

  • Class I recalls occur when there is a reasonable probability that the dangerous food or drug will cause serious illness or death.  An historic example of a Class I recall is the infamous Tylenol recall of 1982, when the company pulled 31 million bottles of Tylenol from retail shelves after learning that some unknown quantity of bottles had been deliberately contaminated with cyanide.
  • Class II recalls occur when use of the dangerous food or drug would cause temporary or medically reversible illness or when the chance of serious illness is remote.  An example of a Class II recall would be if a company pulled frozen dessert bar products because the labeling information failed to include required details about artificial coloring products.
  • Class III recalls occur when the food or drug defect is unlikely to cause any adverse health effects but still violates FDA manufacturing or labeling standards.  A common example of a Class III recall is when an imported food product is pulled from the shelves because it does not include ingredient information in English.

You can sign up to receive email alerts about food recalls or drug recalls from the FDA.

Contact Shaffer & Gaier After a Serious Accident

If you or a loved one has suffered injury due to a defective food product or pharmaceutical drug, Shaffer & Gaier can help.  To set up a free initial consultation, contact our office online, call our Philadelphia office location at 215-751-0100, or call our New Jersey office at 856-429-0970.

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