Munley Law Blog

What is malingering?

What is “malingering” and how can it affect your workers’ comp case?

Malingering comes up often in the context of workers’ compensation. Malingering is a term used to describe the action of exaggerating or falsifying one’s illness or injury to gain some benefit (such as workers’ comp payments).

Workers’ compensation program administrators and officials of the employing company often accuse employees who receive workers’ comp payments of “malingering” as a way to extend benefits. These accusations, which happen on a fairly regular basis, are unfair to dedicated employees who continue to suffer effects from injuries or illness contracted on the job. Such workers are rightfully owed benefits.

A Medical Definition of Malingering:

WebMD defines malingering as:

“‌. . . pretending to have an illness in order to get a benefit. The feigned illness can be mental or physical. […]

Your Guide to Filing a Lawsuit

Munley Law Personal Injury Attorneys Personal Injury Lawyers’ Guide to Filing a Lawsuit

If a company or person has acted in negligence and caused you serious injury, you may file a lawsuit in order to obtain financial compensation from the at-fault party. But filing a lawsuit can be a challenging task. Any slight mistake can cost you the compensation that you deserve or cause further damages. That’s why you need the proper guidance and an experienced team of attorneys. 

Below, we will explain what it means to file a personal injury lawsuit and how to increase your chances of winning.

What does it mean to file a lawsuit?

A lawsuit is a formal legal case that you or your lawyer files with the court. Filing a lawsuit involves telling the court that the defendant acted negligently and hurt you (the plaintiff). […]

What is the Coming and Going Rule in Workers’ Comp?

Workers’ Comp Coming and Going Rule: How it Affects Your Claim

Workers’ compensation is insurance that provides financial aid to employees to cover the medical expenses and lost wages due to work-related illnesses, diseases, and injuries. The Pennsylvania Workmen’s (Workers’) Compensation Act was enacted in 1915 and is mandatory for most employers across the state. The insurance is meant to benefit both the employee and the employer, protecting the employee in cases of illness and injury on the job, and the employer from being sued for such cases. Compensation is roughly 66% of the employee’s average weekly wage.

There is an exception, however, to workers’ comp. It’s called the Going and Coming Rule. 

What is the Going and Coming Rule?

According to DMV.ORG, the Going and Coming Rule is when an employee gets into an accident and/or is injured commuting either to or from work. […]

Pennsylvania Bicycle Safety Laws

Pennsylvania Bicycle Laws: Everything You Should Know

Over the years, one of the biggest threats to public safety is road accidents. According to the Pennsylvania Department of Transportation (PennDOT) secretary, one life lost is one too many, and the organization is working towards zero deaths.

Sadly, however, the number of traffic accident fatalities remains startling. Though there was a record low of 1,059 deaths in 2019, the number rose to 1,129. Among the most vulnerable to such crashes are cyclists.

Though there was a decrease in bicyclist injuries from 1,003 in 2019 to 799 in 2020, the number of fatalities rose from 16 to 22. For the lucky ones, they walk away from such incidents with minor injuries. But for some, it’s not the case.

Due to the evident disadvantage cyclists have, a bicycle crash with a vehicle can result in severe injuries. […]

Amazon workers’ attempt at unionization

The workers’ comp lawyers at Munley Law Personal Injury Attorneys examine the attempt at unionization made by Amazon workers

From the summer of 2020, Amazon has been in the middle of a spirited unionization effort from some of the workers at its Bessemer, Alabama warehouse. Through the Retail, Wholesale and Department Store Union (RWDSU) the employees staged protests that have been largely online and through the phone because of the pandemic. 

The organizers were hoping these protests would yield the same results that pushed for the unionization of employees in high-profile companies in the U.S. and were hoping for similar results for Amazon’s Alabama warehouse.

As Amazon, Chewy, and other warehouses continue to crop up across the Lehigh Valley and throughout our region, it is worth understanding how unionization efforts unfold for Amazon workers.

The push for unionization: how it all began 

The push for unionization started after a small group of workers at the company’s Bessemer Alabama warehouse went to the local branch of the retail workers’ […]