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Monahan Law Blog

• Premises Liability
• During the Holidays, Hosts Can Take these steps for Guests Who've Been Drinking to Prevent Injuries
• Automobile Accidents
• U.S. Federal Court in Pennsylvania Predicts State Supreme Court will permit uninsured motorists to collect damages directly from tortfeasor
• Auto Insurers Don't Have to Pay for Unlicensed Massage Therapists, Court Rules
• Recent Pennsylvania Case Finds Sign Uninsured Motorist Waiver need only be done Once
• In an auto accident case, Getting Compensation for Injuries is More about What you Do to Protect Yourself than what you can recover from the driver who caused the accident
• Two Drexel University Students Die in Upstate Car Crash
• Early Morning Crash in Chester County, kills two in SUV rollover
• Girard Bridge Crash Leaves One Dead in Philadelphia
• Elderly Bristol Woman Killed by Hit and Run Driver
• Pennsylvania One of Many States that enforces Right Lane for Slower Traffic
• Myths About Traffic Tickets
• Pedestrian Critically Injured After Being Struck by Hit and Run Driver
• Philly Multi-SUV Accident Sends Three to Hospital
• 2 Seriously Injured in Bucks County Head On Crash
• Pennsylvania Student Killed in Car Crash
• Beaver County Times Argues for Driver Safety
• Restaurant Worker Killed by Irate Customer
• Two Penn State Altoona students die in car collision
• Delaware County Motorcycle Accident Cases Settles in Philadelphia
• Deadly Accident Closes Roosevelt Blvd early November 24
• One Car Accident in Port Richmond Section of Philadelphia Sends Four to Hospital and Leaves Driver Dead
• Pennsylvanian Tragically Killed in Car Crash with Truck parked on road in while out conditions
• Shanksville Motorcyclist dies after collision with Truck who pulled out from Stop Sign
• Thanksgiving Holiday has more Drunk Drivers on the road than even New Year's Eve
• Woman dies in tragic Downingtown Accident at Chestnut Street and Lancaster Avenue
• Crash Kills Two Lincoln University Teens
• Downingtown Pennsylvania Student Tragically Dies in 2 Vehicle Crash
• Inadequate Security and Crime Victim Cases
• Woman sexually assaulted in apartment invasion in West Philadelphia near U of P
• Boston Cabbie Sexual Assaults Can Happen Anywhere
• Gun shop sued by mother of man slain in Missouri mall
• Rape Victim Wins $875,000 Settlement in Apartment Security Case
• Security Expert Predicts Increased Violence During Holiday Shopping due to Poor Economy
• Lack of Security May have been Factor in Philadelphia K-Mart Shooting
• Shooting In Philadelphia K-Mart Example of Potential Claim against Department Store. In Similar Case in Miami, Jury Awards $8 Million for Fatal Claim
• Holiday Shopping Deadly for Some
• Mall Shooting in Georgia Injures Two
• Pittsburgh Civil Lawsuit on behalf of rape victim against shopping mall goes to Trial
• Improve Your Security at Home with 3 simple suggestions
• Brady Center Sues Utah Gun Shop that Illegally Sold Firearm to Shooter in Shopping Mall Massacre
• Your Home May be Your Castle But Landlords Have Limited Liability, If Any, in Pennsylvania For Criminal Acts of Third Parties
• Fatal Stabbing at Vy Da Sports Club in South Philadelphia Demands Immediate Investigation If Lawsuit Against the Bar is Considered
• Brady Center to Prevent Gun Violence files Amicus Brief Asking U.S. Supreme Court to Prohibit Convicted Domestic Violence Abusers to Possess Guns
• Stabbling Outside Philadelphia Center City Night Club Needs Immediate Investigation If Claim Against Owner Is Considered
• Philadelphia Jury Awards $5.5 million for Family Members of Slain Hahnemann Hospital Parking Lot Attendant
• Owners of Parking Lots and Established Public Areas Have a Duty to Protect Invitees from Forseeable Risk of Harm
• School Violence
• Arizona State University settles lawsuit in dorm rape case for $850,000
• College Student Sexually Assaulted at School Permitted to Bring Claim Against University under Federal Statutes
• Department of Education Releases Report Calling for Increased Safety and Security Measures at College Campuses
• Sexual Assault and Abuse Claims
• Chicago Catholic Diocese Settles Priest Sex Abuse Case for $1.2 Million
• Vermont Judge Denies Church Defense that Sex Abuse Claim barred by Statute of Limitations
• Survivors Network of those Abused by Priest Organization (SNAP )Says New Bishop in Wisconsin Isn't Doing Enough Against Clergy Abuse
• New Jersey Teacher Arrested for Sexual Abuse of Minor
• Jewish Council Calls for Stronger Reporting Requirements in Childhood Sexual Abuse Cases
• Son of Promient Delaware Politician Files Suit Against Catholic Boys School Under Delaware's New Law
• Group Calls for Boycott of Financial Contributions to Catholic Church Due to Clergy Sexual Abuse
• Sexually Abused Victims' Organization Demand sMore from Catholic Church
• Archbishop Testifies About Hiding Past Abuses of Sexual Predator Priests
• Massachusetts Diocese Settlement involved Arbitration where Church Waived Certain Defenses
• Ex-Priest in California Admits to Sexual Abuse of Minors
• Oregon Court Orders Catholic Archdiocese to Release Records of Sexual Abuse by Clergy
• Catholic Church Not Only Religious Organization that has issue with Sexual Abuse
• New York Cop Outs His Former Teacher and Priest as Sexual Predator
• Federal Circuit Court Permits Sex Abuse Claim to Proceed against Vatican
• Massachusetts Diocese Settles for $4.5 Million with 59 Clergy Sex Abuse Victims
• Boston Priest Loses Appeal in Sexual Abuse Case
• Sexual Abuse Survivor Calls for Legislative Reform in Maryland
• Sexual Abuse of Children Affects Everyone; that's Why We Need to Eliminate Statutes of Limitations for Childhood Sexual Abuse
• Crime Victims of Sexual Assault by Teachers, Coaches, and Counselors Can Seek Civil Damages
• 6th Circuit Court of Appeals lets Vatican sex-abuse case proceed
• Brooklyn Politician Raises Spector of Sexual Abuse in the Jewish Orthodox Community but refuses to name names
• Church Youth Group Volunteer at Bucks County First United Methodist Church Charged in Sex Case Involving Minors
• Ex-Jesuit Priest from Illinois Convicted in Sexual Abuse Case
• Leaders of Survivors Network of Those Abused by Priests and BishopAccountability.org Criticize New York Catholic Prep School for Harboring Priests who were Sex Abusers
• Michigan Jury Awards $3.69 million to Victim who was sexually abused for years
• General
• State of Pennsylvania agrees to settle for $12.5 million with the father of a 12 year old boy who was fatally shot when he hopped out of a stolen vehicle
• Price of Human Life Calculated Every Day
• New Medical Study Shows Hip Replacements Need to be Redone in 1 out of 75

Practice Areas

• Sexual Assault and Abuse Claims
• Inadequate Security and Crime Victim Cases
• School Violence
• Automobile Accidents
• Work Injuries
• Premises Liability

News

• Monahan Law Practice Publishes December 2008 Newsletter
• Tavern Owner Settles with Patron Beaten by Bar's Bouncer
• Parents of student raped and killed in dorm at Eastern Michigan University Settles for $2.5 million before suit filed
• National Crime Victims Bar Association member Jeffrey R. Anderson, Esquire settles with Archdiocese of Chicago for 16 sexually abused individuals
• Find Out How Insurance Companies Use Trickery to Deny Legitimate Claims
• Dan Monahan forms Non-Profit to Provide Free Legal Information to Crime Victim Advocates, Victims of Crime and the General Public
• Dan Monahan attends National Crime Victims' Bar Association National Conference in Chicago
• Dan Monahan joins National Bar Association for Crime Victims
• Dan Monahan named "Board Certified Civil Trial Advocate" by the National Board of Trial Advocacy
• American Association of Justice holds annual meeting in Philadelphia in July 2008
• Products Liability Isn't Child's Play
• Dan Monahan awarded Board Certified Civil Trial Advocate by National Board of Trial Advocacy
• Medical Group Warns about the Dangers of Trampolines
• Commonwealth Finalizes Rules for Vocational Experts in Workers' Compensation Cases
• State and Local Prosecutors Continue to Pursue Fraud
• Statistics Show Insurance Company Gouging is Cause of Increased Health Care Costs

Case Results

• Automobile Accidents
  • $850,000 Settlement for Worker Injured in Truck Accident

  Awarded: $850,000 Underinsured motorist settlement plus $100,000 workers' compensation claim

  • Policy Limits Award by Philadelphia Judge in Contested Auto Case

  Awarded: $100,000 Policy Limits Award

  • $225,000 Policy Limits for Pedestrian with Broken Leg

  Awarded: Quick $225,000 policy Limits settlement

  • Assistant Store Manager Paid $305,000 for negligence of parking lot owner and co-employee driver

  Awarded: $305,000 settlement against Property owner and co-employee

  • Investigation Reveals Coverage Denied in Error

  Awarded: Policy Limits Awarded after Denial of Coverage

  • Multiple Underinsured Claims Settled

  Awarded: Underinsured Motorist Settlement after Policy Limits Awarded

  • Injured Driver Awarded Policy Limits Against Drunk Driver and Tavern Owner

  Awarded: Policy Limits against Drunk Driver and Tavern Owner

• Work Injuries
  • Bi-lateral Hearing Loss Awarded in the amount of $125,000

  Awarded: $125,000 awarded for Bi-lateral Hearing Loss

  • Compensation Continues for Work Related Aggravation of Congenital Problem

  Awarded: Termination of Benefits Denied Worker Despite Pre-existing Condition

  • Penalties Awarded for Counsel Fees for Defendant's Unreasonable Contest of Workers' Compensation Claim

  Awarded: Counsel Fees Awarded by Judge

  • $165,000 Settlement for Retiring Worker

  Awarded: Insurance Company Defeated Twice, then settles for $165,000

  • Car Salesman Run Over by Co-employee

  Awarded: Worker's Comp payment for Co-employee Negligence

  • Part time retiree's benefits continued

  Awarded: Part time Reitiree Maintains Benefits

  • Psych Injuries Accepted after Store Robbery at Gunpoint

  Awarded: Psych Injury Accepted

  • Compensation Accepted Despite Allegation Claimant was only Commuting to Work

  Awarded: Commuting to Work Exception for Workers' Compensation

  • Workers' Compensation Judge Bruce Doman Awards Attorneys Fees for Unreasonable Contest

  Awarded: Unreasonable Contest Attorney's Fees Awarded

  • $100,000 Settlement for Claimant who returned to Work
  • $164,000 Workers' Compensation Settlement Allows Worker to Receive Increased Social Security Disability Benefits
  • Claimant Receives $149,000 settlement after Retaining Vocational Expert
  • Shoulder Injury Results in $100,000 Workers' Compensation Settlement
  • Truck Driver's Denied WC Claim Overturned

  Awarded: Worker's Comp Claim Initially Denied, Accepted after Litigation

  • Repetitive Trauma Accepted as Work Related

  Awarded: Repetitive Trauma Injury Found Work Related

  • Horse Handler Awarded Lifetime Worker's Comp Benefits

  Awarded: Life time Benefits Awarded

  • Aggravation of Pre-existing condition Found Work Related

  Awarded: Limited Period of Compensation Awarded for Pre-existing aggravation

  • Computer Design Engineer Awarded Repetitive Trauma benefits

  Awarded: Repetitive Trauma Injury Found Work Related

  • $300,000 for worker who lost sight in one eye

  Awarded: $300,000 Workers' Comp Settlement

  • $170,000 for Worker who bumped his foot and ended up with amputations of both legs

  Awarded: $170,000 Specific loss benefits to Claimant

• Premises Liability
  • Sidewalk trip and fall results in settlement

  Awarded: Confidential settlement

Document Library

• Sexual Assault and Abuse Claims
• Sexually abused child allowed to bring law suit because Statute of Limitations Stayed during military service
• Case before Vermont Jury will not have to consider the Catholic Church's argument that a crime victim waited too long to pursue his case
• Statute of Limitations Limits Recovery for Massachusetts Victims of Clergy Sexual Abuse
• Survivors Network of those Abused by Priests) want the Diocese to work proactively to promote healing and prevent future incidents of sexual abuse
• Study Reveals Prevalence of Clergy Sex Abuse of Youths
• Retired Archbishop of Milwaukee has testified under oath that he moved abusive priests from parish to parish without revealing their past behavior
• Church waives Statute of Limitations Defense and Settles Sexual Abuse Claims in Arbitration Procedure
• Review of Professor Marci Hamilton's Book Entitled "Justice Denied: What America Must Do to Protect Its Children
• Learn the sign and symptoms of child abuse and how to report it
• Author and Attorney Katherine Hine Outlines Case For Immunity for Child Abuse Reporters
• Advice on Child Sex Abuse from the American Academy of Child and Adolescent Psychiatry
• What is Abuse, What Damage Does it Cause, and How to Report it
• Article: Effects of Domestic Violence on Children and Adolescents
• Article: Dissociative Symptoms in Children and Adolescents
• Article: Post Traumatic Stress Order Study
• Article: Treating Abuse Victims for Substance Abuse Problems
• Article: The connection between sexual abuse and dissociation
• Pennsylvania Superior Court Considers Statute of Limitations Extension for Child Sexual Abuse Victims
• When your son or daughter has been sexually abused by a teacher, you need to know your rights and what can be done about them
• Victims of Clergy Sexual Abuse can bring claims under a number of causes of action
• Constitutional Law Professor, Marci A. Hamilton, from the Benjamin N. Cardozo School of Law Sets Forth Legal Arguments Against Statutes of Limitations in New Book
• Inadequate Security and Crime Victim Cases
• The Brady Center Takes Alaska Gun Dealer to Court for Supplying Rifle to Fugitive Murderer
• Fatally shot club patron sues LA Club for inadequate security and negligent hiring
• Failure to provide adequate security or warnings at apartment results in liability for decedent
• Several recent tragic injuries and shootings have been reported across the country involving holiday shopping
• Similar Shooting In Philadelphia K-Mart Example of Potential Claim against Department Store
• Where Crime Victim Injured Due to Intentional Act of Third Person, Insurance Coverage May Not be Available
• Malls with a history of crime need to consider the security steps being taken to insure the safety of their customers
• Security at shopping malls demands awareness of shoppers according to Security Expert Chris McGoey
• Design of parking lot, history of crime, and location are keys factors in assessing parking lot safety according to security Expert Chris E. McGoey, CPP, CSP, CAM
• Six Safety Factors Guests Should be aware of when staying in a hotel or motel
• Apartment Security Expert Chris E McGoey Recommends 10 part Security Plan
• Preventing Crime May be as easy as hiring a doormen or bouncer to deter crime
• Use Deadbolt Locks For Added Security by James Monahan
• Security Expert says design and architectural techniques improve security against crime
• A list of 17 different types of premises where crime victims can be injured due to inadequate security
• In every negligent premises security case, there are 7 keys factors to consider in order to prove negligence
• One of the key factors in bringing a case against someone on behalf of a crime victim is the involvement, behavior and conduct of the victim himself
• crime victim of rape sues assisted living complex where father lived and receives $1 Million Verdict
• There are 10 key questions every tenant should ask the landlord to make sure the premises are safe and secure from crime
• Insurance Companies Cannot Deny Coverage on Basis of Intentional Act Exclusion in Every Circumstance
• Gun dealers alledgedly "lost" an average of 82 firearms every day in 2007
• Some Businesses and Types of Premises Give Rise to Greater Number of Crime Victim Cases
• Premises Security Experts Need to Investigate and Evaluate Key Elements in a Negligent Security Case
• Deterrability and Preventability Common Defenses for Landowners in Inadequate Security Cases
• Crime Victims Must Show Landowner's Negligence in Failing to Provide Security Caused Injuries
• Crime Victims Must Establish Foreseeability on the Part of Landowner in order to Establish Liability
• An apartment complex and security firm agree to settle case of rape victim for $875,000
• Security Experts Call for more awareness to prevent Shopping Mall Violence
• Wal Mart Employee Trampled to Death
• Holiday Shopping Safety Tips
• Shopping Mall Safety Tips
• Pennsylvania Supreme Court Rules that consent is not a defense in civil claim by 13 year old sexual abuse victim
• Security Lighting May Not always Be that Safe
• School Violence
• Pennsylvania Law Presents Formidable Hurdles for Crime Victims in School Violence Cases
• Automobile Accidents
• Dr. G's Common Sense Tips on How Not To Die in an automobile Accident
• State Rep Kate Harper Proposes Cell Phone Ban for Teenage Drivers
• Punitive Damages Need to be Considered in many Truck Accident Cases: Here's Why
• Driving while using a cell phone has been shown to cause accidents. One Pennsylvania legislator wants to ban their use
• Based on years of truck driving experience, a Pennsylvania trucker with a recent close call, offers safety hints to drivers
• U. S. Federal Court Predicts that State Supreme Court will permit lawsuits by uninsured directly against negligent drivers
• New York Attorney gives practical good advice on what to do and not do if you're stopped for a traffic violation
• States, including Pennsylvania, make it a traffic violation to travel too slow in the fast lane
• Snow tires are still recommended when driving in snow
• Left Unattended in a car, children can die in less than a Minute
• Male Drivers More Agressive, Causing greater number of accidents
• The Psychology Behind Why Cell Phone Use is So Dangerous While Driving
• Injuries to the spine and abdomen in motor vehicle accidents increase with ill fitting seat belts on children
• Quiet Cars such as the Toyota Prius pose real danger to pedestrians in accidents
• Top 6 Tips On Avoiding Road Ragers, according to PA State Police
• Insurance Institute Study shows Electronic Stability Program safety feature would reduce fatalities
• Mixture of rain and oil on the road creates dangerously slippery conditions
• Children's Hospital of Philadelphia Study Shows Proper Use of Child Seat Restraints Reduces Injuries
• Mandatory Seat belt use and studies for use reducing fatalities
• Side impact protection system for automobiles that dramatically reduces risk of injury developed by German scientists
• The danger of accident while driving and text messaging demands action according to the American Medical Association
• Car Accident Fatalities Will Decrease 43 percent If Cars Have Electronic Stability Program as Standard Feature
• Discover the Reason Why Driving While Using a Cell Phone is So Dangerous
• Requiring Drivers older than 80 Reduces Automobile Deaths
• Deer Season in Pennsylvania Increases Risks of Auto Accidents
• Why the number of pedestrian and bicycle injuries has remained steady
• If Nobody Tells You that You Can drive the Car, You may not be covered by insurance
• Where Wife Witnesses Her Husband's Fatal Auto Accident, She is Not Entitled to Payment of Medical bills
• If you own a car without the required auto insurance, you won't be able to collect medical and wage loss benefits even if the car you were driving is insured
• Does Zero Mean Zero Or an you get a New Trial When the Jury Awards Nothing
• Consumers Need to Read Auto Insurance Policies Carefully-Court Again Restricts Coverage
• Pennsylvania Courts Have Now Defined Motor Vehicles To Include "Dirt Bikes"
• If Your Insurance Agent Won't Take the Time, I Will
• Supreme Court Reverses Favorable Decision for Consumers of Auto Insurance
• You Can't Have it Both Ways: By Waiving Your Comp Lien, You may be Shortchanging Your Third Party Auto Claim
• Woman Charged After Multi-Victim Accident in West Philadelphia
• UPS Truck and Cyclist Involved in Accident August, 2007
• Accident Involving Motorcycle and Car in Warrington, Pennsylvania
• Consumers Win Two Important Battles for Underinsured Motorist Benefits in recent PA Supreme Court and Federal Court Cases
• Death Rates for Infants in Motor Vehicle Crashes
• Automobile death rates for teenagers continues to increase
• Easy Suggestions to Avoid Car Accidents
• What all drivers should know about Motorcycles in Traffic
• Kids At Higher risk for injury in front seat
• Harvard Center for Risk Analysis of Boston, Massachusetts Study Children, Airbags, and Auto Safety
• Medical Study shows Child Restraints reduces Death and affects specific anatomic injuries
• Motor Scooter Enthusiasts Discusses the Safety of Motor Scooters
• Bicyle Safety requires common sense and following the rules of the road for bicycles, not cars
• PENNDOT RECOGNIZES MAY AS MOTORCYCLE SAFETY AWARENESS MONTH
• How Old Is That Child? Validating The Accuracy Of Age Assignments In Observational Surveys Of Vehicle Restraint Use
• The 4 Most Important Safety Rules for Children Riding Scooters
• Rising Use of Scooters Increases Need to Legislation to Regulate Use and Provide Safety to Users
• The need and type of various helmet laws is examined in study
• National Association of Insurance Commissioners (NAIC) Cite Top Insurance Complaints for 2007
• Motorcycle Helmet Laws
• Pedestrians are at risk for accidents when talking on the cellphone
• Author Alan Haburchak Shows how parking lot design and safety training can reduce the number of bus accidents involving children
• Simple rules for pedestrian safety to reduce injuries
• Causes of bus accidents are varied and more complex than many motor vehicle accidents.
• Tire Company Lists Safety Tips for Driving in Winter Weather conditions
• Statistics for Truck and Bus Accidents including fatalities
• NHTSA Policy and FAQs on Cellular Phone Use While Driving
• 2008 model year rollover and crash test ratings announced by National Highway Traffic Safety Administration
• Children in Car Seats Better Behaved and therefore Safer for Driving
• SUV's show highest trends in traffic fatalities says NHTSA Study
• TIPS on bike safety
• Bicycle Safety
• Study shows Correlation between adults not wearing seatbelts and children not wearing seatbelts
• Three point safety belt more likely to protect fetus in auto accident, study shows
• Another Study shows Hy-brids dangerous to visually impaired
• Children at Risk death in Automobile backover accidents
• Recent Study Outlines Statistic Analysis of Accidental Deaths
• Stacking Insurance coverage waivers, if already signed,not necessary when acquiring new car
• Language of a release applicable to any wrongdoer prevents suits against other defendants
• In auto accident involving two separate injuries, GEICO denied exclusion for coverage
• Supreme Court of Pennsylvania to consider whether deceased son can recover under two different insurance policies even though he lived with one parent
• National Highway Traffic Safety Administration Electronic Device Use Study
• Smile You're On Candid Camera: Speed cameras reduce speeding
• Motor Vehicle Accidents Cause More Deaths than any other Injury
• Hands Free Phone devices not as safe as you may think
• http://www-nrd.nhtsa.dot.gov/Pubs/810968.PDF
• Pennsylvania's Motor Vehicle Financial Responsibility Law does not apply to fleet policies
• Snowmobile All Terrain Vehicle is a Recreational Vehicle and not an Uninsured motor Vehicle
• Dirt Bikes that collide with Insured Vehicles are uninsured motor vehicles
• Obtaining Underinsured Motorist Coverage for policy you did not pay for, disallowed by Superior Court
• Risk of Eye Injury due to air bags is less than without them
• Teaching Children to wear seat belts and other safe driving habits reduces risks of injury
• Sleep before driving Just as important as Driving while Sober
• Slowing down while driving in wet weather may be the safest thing a driver can do
• A Complete List by Category of the Safest Cars on the Road for 2009
• If You Think it's Safe to Driver While Using Your Blue Tooth, Think Again
• How tall you are may be a factor in automobile air bags providing safety in accidents
• Vehicle Back Up Accidents Leading Cause of Fatalities Among Children
• The Cost of Crashes and Congestion on Society
• Full Tort versus Limited Tort, Is it Really an Option?
• Riding without a Motorcycle Helmet, Are You Crazy?
• Work Injuries
• Employers may file second Petition for Termination in certain Cases
• In cases that are settled by Compromise & Release, if the claimant dies before a decision is rendered, the Agreement is null and void
• Court in Pennsylvania holds that an employer who reimburses a DPW/Medicaid lien cannot be held responsible for amount medical providers would be entitled to under WC Act
• In a new case, the Pennsylvania Commonwealth Court limits the ability of claimant's to seek expansion of definition of work injury
• When you're layed off from work, you may be entitled to reinstatement of workers' compensation depending on certain factors
• Suspension of Workers' Compensation benefits can only be done under specific circumstances
• Modification or change in the amount of workers' compensation benefits can only be accomplished under specific circumstances
• Petition to Review an agreement for payment of compensation is used to correct mistakes
• In specific circumstances where there has been certain changes, your weekly workers' compensation wage benefits can be reinstated
• Most Workers' Compensations Cases in Pennsylvania Resolved by Compromise & Release Agreement
• Wages and medical expenses paid by employer in lieu of workers' compensation may be recovered by payor
• Reasonable and necessary medical expenses related to work injury
• Employees required to treat with designated panel physicians in certain circumstances
• Failure to file appropriate reporting forms has serious consequences under the workers' compensation act
• Employers are obligated to file various notices under the Pennsylvania Workers' Compensation Act
• In limited circumstances where employer has presented an unreasonable contest to employee's petition, attorneys fees may be assessed against employer
• At employer's request injured worker must submit to medical exam at any time after work injury
• To assess earing power of employee, employers are entitled to vocational expert examination of the injured worker
• If requested, an employee must submit to an impairment rating evaluation after 104 weeks of compensation
• Employers have the burden of proof to prove that employee's disability has ceased or that current disability not related
• Termination of death benefits in Pennsylvania is limited to specific circumstances
• FREE BOOK ON WORKERS' COMP
• Free Book on PA's Confusing Workers' Compensation Laws available
• Find out if you're an employee or an independent contractor with these four questions
• The definition of independent contractor precludes workers' compensation
• Workers' Compensation Act specially defines what injuries are excluded
• Pennsylvania Law requires you to report your work injury within 120 days
• Indemnity Payments are paid depending length of disability
• Bureau of Workers' Compensation Provides Statewide Average Weekly Wage Rates
• Earning Loss One of Six Benefits for Work Injuries
• Death Benefits is one of six benefits for work injuries
• Added Benefits for Illegally Employed Minors One of Six Benefits for Work Injuries
• Standard for loss of sight is loss for all practical intents and purposes
• Workers' Compensatin is Offset by Unemployment, severance, pension, and social security retirement benefits
• PA Supreme Court rles that employer that previously lost a termination petition must show change in condition before seeking termination of benefits again
• IObtain FREE BOOK on PA Workers' Compensation Laws from Attorney Daniel Monahan
• Discover Your rights to Pennsylvania Workers' Compensation Benefits in FREE BOOK authored by Trial Lawyer Daniel Monahan
• FREE BOOK on Pennsylvania's Confusing Workers' Compensation Laws available from experienced Lawyer
• Before IRE Evaluation, Evaluating Doctor Must Show Injured Worker has reached Maximum Medical Improvement
• New Rand Corporation Study commissioned by the Commonwealth of Pennsylvania Evaluates Overall Performance of Workers' Compensation System
• Taking Your Pension and Withdrawing from the Work Force May Affect Your Weekly Compensation Benefits
• Court Defines Prompt Notification Requirements of Workers' Compensation Act
• Beware: The Amount of Pension Offset an Employer Can Take From Workers' Compensation Weekly Wage Loss Benefits Depends on Amount of Employer Contribution to Pension Plan
• What You Need to Understand About Medical Benefits Under the Workers' Compensation Act
• Only when your employer or insurance company has denied that you sufferred a work injury or the extent of the injury or where your employer or insurance company is trying to stop or modify your benefits do you need to pay an attorney
• You Need to Consider the Effects of Receiving Social Security or Pension Retirement Benefits on Workers' Compensation
• Even if you have returned to work or your injury has changed, you can still seek to have your workers' compensation benefits reviewed and reinstated
• Workers Entitled to Specific Amount of Weekly Benefits When They Lose Certain Body Parts
• Even If Double Amputee is Back to Work, He Can Still Collect Total Workers' Compensation Benefits, Says Court
• Settling Your Workers' Compensation by a Compromise & Release Agreement Will Not Extinguish Employer's Right to Reimbursement in Third Party Case
• Traveling to and from Client's Home May be Compensable
• Navigating the Maze of Medical Reimbursement for Pennsylvania Work Injuries: What every Claimant, and Doctor, Ought to Know
• Construction Worker Injured after Building Collapse
• Solvent Spill leads to Hospitalizations, Closure of Buildings
• Supreme Court Rules that if Employers Fires You for Pre-injury Disciplinary Infraction, that's Okay
• Injured Workers Cannot Unilaterally Avoid Subrogation Claims by Carriers
• Who Else Is Responsible for Your Injuries Besides Your Employer
• Premises Liability
• As the Fourth of July approaches each year, everyone should be reminded of the accidents that can be caused by fireworks
• Property Owners are Responsible for Injuries due Slip and Fall on Black Ice if Owner Helped Create the Condition
• Unlike typical negligence cases, in premises security litigation, the most important concept concerns the duty of care required of the owner or occupier
• Holiday Warning! Serving Alchohol Could Result in Liability for Damages to Accident Victims
• August Sees Pools Closures After Water Parasite Spawns Illne
• Firm Newsletters
• December 2008 Newsletter
• Pennsylvania Accident Attorney Monahan Newsletter Winter 2008
• Pennsylvania Accident Attorney Monahan Newsletter Summer 2008
• Pennsylvania Accident Attorney Monahan Crime Victim Alert Newsletter
• Pennsylvania Accident Attorney Monahan Newsletter Spring 2007
• Pennsylvania Accident Attorney Monahan Newsletter May 2007
• Pennsylvania Accident Attorney Monahan Newsletter Fall 2006
• Pennsylvania Accident Attorney Monahan Newsletter Fall 2006 Vol II
• Pennsylvania Accident Attorney Monahan Newsletter Winter 2007
• Pennsylvania Accident Attorney Monahan Newsletter Winter 2007 Volume II
• General
• First Successful Treatment For Chronic Traumatic Brain Injury In Rats
• Fluids Given To Brain Injury Patients Impact Survival Rates
• Imaging shows structural changes in mild traumatic brain injury
• Intensive training post-spinal cord injury can stimulate repair in brain and spinal cord
• Living with an ‘invisible disability’
• Mild Head Injuries Increase Risk Of Sleep Disorders
• MRI May Predict Recovery After Spinal Cord Injury
• Pediatricians And Pathologists See Traumatic Brain Injury Differently
• Researchers Report First Successful Treatment of Chronic Traumatic Brain Injury
• Spinal Cord Stimulation Can Relieve Low Back Pain
• Studies Cite Head Injuries As Factor in Some Social Ills
• Study finds moderate hypothermia a safe treatment for traumatic brain injury in kids
• Surveillance for Traumatic Brain Injury Deaths --- United States, 1989--1998
• Traumatic Brain Injury (TBI)
• Traumatic Brain Injury and Schizophrenia in Members of Schizophrenia and Bipolar Disorder Pedigrees
• Traumatic Brain Injury Hastens Onset Of Alzheimer’s Disease
• Traumatic Brain Injury Hastens Onset Of Alzheimer’s Disease
• Traumatic Brain Injury Hastens Onset Of Alzheimer’s Disease
• Traumatic Brain Injury Hastens Onset Of Alzheimer’s Disease
• Traumatic Brain Injury: Neuroscientists Challenge Conventional Treatment
• UCLA Study Helps ER Physicians Identify Previously Undetectable Spinal Injuries
• Vision restoration therapy shown to improve brain activity in brain injured patients
• Brain Injury May Not Erase Long-Term Memory
• The Need For A Children's Bill Of Courtroom Rights
• The Need For A Children's Bill Of Courtroom Rights
• Clinical Correlates of Personality Changes Associated With Traumatic Brain Injury
• Early Lead Exposure Impedes Recovery From Brain Injury
• First Steps Towards Spinal Cord Reconstruction Following Injury Using Stem Cells
• First Successful Treatment For Chronic Traumatic Brain Injury In Rats
• Even though injured party was invited to a private party at a club, owner liable to person shot as a business invitee
• University Study Shows Connection between Tissue damage and spinal cord injuries
• Night driving presents its own particular hazards
• Bikes lanes may present safety hazards of their own if you don't know the rules
• Noted Author on Safety Gavin de Becker Recommends that Parents Communicate with Your Child's School About Safety
• Ranking Of Group Insurers Claims Payment Practices
• Hold the Pickle, hold the lettuce, but eat and drive simultaneously at your own peril
• If you Sue a defendant, Make sure he's still alive when you serve his with legal papers
• Article: New Brain Study for Traumatic Brain Injuries Done by Canadians
• Article: Mild Brain Injuries and Sports Related Accidents
• Discover the Causes and Treatments for Traumatic Brain Injury
• Adults and Children Suffer Frequent Arm Fractures that require Careful Diagnosis and Treatment
• Care and Treatment of Torn Medial Meniscus as Explained by Philadelphia Orthopedic Surgeon Joseph Bernstein, M.D.
• Increase Use of Seat Belts and Motorcycle Helmuts Reduces Auto Accident Fatalities
• 11 Different Therapies that don't involve Surgery for Carpal Tunnel Syndrome from University of Maryland Medical School
• Pennsylvania Medical School Identifies Top 8 Signs of TMJ
• Mayfield Clinic and Spine Institute Provide Key Points about Spinal Injuries
• Hip Dislocations Increasingly Caused by Motor Vehicle Accidents Study Shows
• Kneecaps can be fractured by numerous causes, but here are 6 signs that you've fractured your knee according to Cedars-Sinai Physicians
• American Association of Justice Releases New Report on How Insurance Companies Deny, Delay, Confuse and Refuse Insurance Claims by Trickery
• Where You Sue the Defendant Can Make a Big Difference in How Much the Jury Thinks You case is Worth
• How Accident Related Injuries Can Cause Spinal Cord Disorders
• Post Traumatic Stress Disorder is often the result of Accidents, death or Senseless Acts of Violence
• United States Supreme Court and Pennsylvania Superior Court Continue to Limit Access to the Courts
• Report of Ten Worse Insurance Companies in America Details Tough Tactics Companies Use to Increase Profits
• Top Reasons Why Dan Monahan is the Best Attorney for Your Case
• 17 Secrets of Getting a Fair Settlement for Your Injuries
• Recent Pennsylvania Court Decisions
• The Big Lie on Frivolous Lawsuits
• Five Things You Should Ask Your Attorney Before You Hire Him
• Picking the Right Pennsylvania Injury Lawyer for Your Case

Frequently Asked Questions

• Inadequate Security and Crime Victim Cases
• What do the Security Experts Recommend to Improve Safety at Multiresidential Communities like Apartment Complexes and Condomimiums?
• Generally, as a victim of crime on the property of someone else, can I bring a claim against the owner?
• Does a businesses' obligation to protect its customers or patrons also include a duty to provide adequate security?
• What if I am in a bar or tavern and I am assaulted on the premises, is the owner liable?
• What if I am attacked in the parking lot of a business?  What duty does the owner of the parking lot have for any injuries I suffer?
• Why Should You File a Civil Lawsuit

•  What's the difference between criminal and civil justice?

• Who are the Parties in a Pennsylvania Civil Suit?

• How Much Time Do You Have to Sue in Pennsylvania?

• What Types of Pennsylvania Civil Lawsuits May be Brought?

• Can the Criminal Perpetrator Raise Any Defenses in Pennsylvania?

• Does the Pennsylvania Crime Victim Have any Rights to Privacy?

• What’s Involved in Filing a Civil Lawsuit in Pennsylvania?

• What Happens After the Suit is Filed?

• What Kinds of Damages Can be Recovered from the Defendants in Pennsylvania?

• If I Win My Case Will I Be Able to Collect the Money: Judgment and Enforcement in Pennsylvania

• Are There Any Other Issues I Should be Aware Of?

• Automobile Accidents
• What are some of the distinctive properties of trucks that every lawyer needs to consider when representing victims of Truck Accidents that make them different from the usual automobile accident case?
• What are the most common truck accident scenarios?
• I was in a small fender-bender when my car crashed into another car.  The damage was significant and everyone in the other car said they were okay.  I am afraid if I report the accident, my insurance rates will go up.  What should I do in this situation?

• What is my Insurance Company Required to Pay?

• Is the Insurance Company Required to Offer Any Additional Insurance Coverage if I Want It?

• What if the Person Who Caused the Accident Doesn’t have any Insurance or Doesn’t have enough Insurance?

• Is Anyone Else Responsible for my Medical Bills or Wage Loss?

• If I Am in an Accident, Should I Seek Medical Treatment?

• Should I Take Photographs of the Autos Involved in an Accident?

• Should I Agree to Give a Statement, written or oral, to the Insurance Company?

• What are Pennsylvania’s minimum insurance requirements?
• Work Injuries
• Will I be entitled to workers' compensation benefits if I am injured while walking from a parking lot to my job and my employer reimburses me for commuting expenses?
• What if the employer wants me to come back to work or offers me a job with another employer?
• How long can I continue to receive total disability benefits?
• What if I qualify to receive Social Security Disability Income (SSDI), will I still receive workers' compensation benefits?
• Does your employer have workers’ compensation insurance?
• You’ve been injured at work and the employer’s insurance carrier has issued a Denial of Workers' Compensation or 21 days has passed since your injury, do I need a lawyer.
• How can I pay a lawyer without income?
• What other benefits may I be entitled to?
• How much will my workers’ compensation check be?
• Do I have to treat with the company doctors?
• Can I recover if the injury is my own fault or the result of a co-employer?
• Can I sue my employer for pain and suffering or loss of other benefits?
• Can my employer or insurance company stop my benefits at anytime?
• How long will I get workers’ compensation benefits?
• What do I do if the insurance company has filed a Petition to Terminate or Modify my benefits after I have been examined by one of their doctors?
• Advice that Many Attorneys May NOT Tell You: You May Not Have to Hire and Pay a Workers' Compensation Attorney Right Away.

Resources

• Sexual Assault and Abuse Claims
• PA School Watch
• The Foundation to Abolish Child Sex Abuse
• Bishop Accountability
• National Association to Prevent Sexual Abuse of Children (NAPSAC)
• Inadequate Security and Crime Victim Cases
• The Crime Victims' Center of Chester County, Inc.
• Victim Law
• National Center for Victims of Crime
• Automobile Accidents
• Product Recall
• General
• New York Personal Injury and Real Estate Lawyer
• Legal Costs UK, Law Cost Draftsmen & Consultants - Probate Costs

Staff

• General
• Monahan
• Boyer
• Green

About Us

Contact Us

Links & Resources

The Monahan Law Practice
300 North Pottstown Pike
Suite 210
Exton, PA 19341-2233

Phone: (610) 363-3888
Fax: (610) 363-2429