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YOUR Work Injury
Help for YOU
YOUR Rights
YOUR Rights
YOUR Work Injury
Philadelphia:
215-559-5003
Suburbs:
610-924-5667
215-559-5003
Suburbs:
610-924-5667
Call Now for
FREE CONSULT
484-453-8144
FREE CONSULT
484-453-8144
Tim Kennedy is certified as a specialist in the practice of Workers' Compensation law by the Pennsylvania Bar Association's Section on Workers' Compensation Law as authorized by the Pennsylvania Supreme Court
CERTIFIED WORKERS
COMPENSATION
SPECIALIST:
COMPENSATION
SPECIALIST:
SERVING ALL OF PA FROM SUBURBAN PHILADELPHIA AND REGIONAL SATELLITE OFFICES
The Pennsylvania Firefighter Cancer Presumption Act -- Pennsylvania Act 46 of 2011 -- establishes that when a firefighter is diagnosed with cancer, that cancer is presumed to have been caused by work-related exposure, so long the firefighter establishes four years of firefighting service and direct exposure to a listed carcinogen. The firefighter must also have previously passed a physical examination without any indication of cancer. Both volunteer firefighters and paid firefighters are covered. Note also that where volunteer firefighters are disabled from working by a work-related injury, other provisions of the Pennsylvania Workers Compensation Act provide for wage loss benefits even where the worker's firefighting career was unpaid.
Where the Firefighter Cancer Presumption is shown to apply, the employer then has the burden to overcome the legal presumption that the firefighter's cancer is work-related. The employer may only do so by presenting substantial competent evidence showing that the cancer was NOT caused by firefighting.
The "listed carcinogens" are those identified as "Group I" carcinogens by the International Agency for Research on Cancer.
A firefighter's direct exposure to a Group I carcinogen may be established by reference to reports filed to the Pennsylvania Fire Information Report System (PennFIRS).
The presumption is applicable to all claims made within 300 weeks from the firefighter's last date of service (about 5.5 years), though the Act does allow for claims made as much as 600 weeks (about 11.5 years) after the last date of service.
The law supplements other provisions of the Pennsylvania Workers Compensation Act and the Pennsylvania Heart and Lung Act, both of which provide special rights to firefighters who are injured on the job or who develop diseases due to work-related exposures. For example, prior laws have recognized the high incidence of heart attack and heart disease among firefighters, and have created certain presumptions intended to make proof of a work-related causal connection much easier than would be the case for others -- even where the firefighter never suffers a heart attack within the work environment.
If you have worked fighting fires, we thank you for your service and we hope we can now serve you, to establish the presumption afforded under the Firefighters Cancer Presumption Act and/or any other favorable legal presumptions advancing your rights under the Pennsylvania Workers Compensation Act and/or Pennsylvania Heart and Lung Act, to get you the benefits you need and deserve as quickly as possible, so that you can focus on pursuing your treatment and beating your disease.
A final note, with our apologies: Cancer is a serious matter. There are times when a cancer diagnosis ultimately proves to be terminal. Death from a cancer diagnosis shown to be work related can create a substantial entitlement to life-time benefits to a surviving spouse, as well as long-term benefits to children who are minors or full time students. These are extremely valuable benefits for the surviving spouse or children -- and also extremely costly to the defending employer or insurance company. To avoid paying such costly "fatal claim" survivorship benefits to spouse and children, insurance carriers may be motivated to approve extra treatment costs and actively engage in helping the injured worker win his or her battle with cancer or other covered occupational diseases. In this context, an embattled patient may have more leverage over a workers' compensation insurance carrier than might be the case over a private health insurer.
Pursuing workers' compensation rights in the face of the Firefighters' Cancer Presumption Act also opens up very substantial possibilities for lump sum recoveries that would not be available absent the presumption, where that is desired by the claimant. Employers and Insurers faced with costly liability may agree to pay a very substantial sum, and to make other accommodations (such as affording an early full value retirement, for example), to avoid the expenses and burdens of their obligations under the Workers' Compensation Act. Employers and insurers faced with litigation in which the firefighter's presumption is brought to bear, may be fully motivated to negotiate a lump sum settlement of the firefighter's rights. Where the firefighter has other insurance and/or where other circumstances direct that a significant lump sum settlement would be preferred over the alternative course of putting the legal presumption to the test with a Judge's decision, we can act to ensure that those negotiations conclude on terms that are fully favorable to our client and his or her family.
The bottom line is that we know the law, we know how to use the law to the advantage of our client firefighters suffering cancer after career exposure to carcinogens, and we always keep the best interests of our client first and foremost. See our client reviews. Put your trust in attorney Tim Kennedy, a specialist in Pennsylvania Workers' Compensation Law certified by the Pennsylvania Bar Association Workers' Compensation Section, on authority of the Pennsylvania Supreme Court.
Call us today to discuss your rights. Tim Kennedy: (484)453-8144
Where the Firefighter Cancer Presumption is shown to apply, the employer then has the burden to overcome the legal presumption that the firefighter's cancer is work-related. The employer may only do so by presenting substantial competent evidence showing that the cancer was NOT caused by firefighting.
The "listed carcinogens" are those identified as "Group I" carcinogens by the International Agency for Research on Cancer.
A firefighter's direct exposure to a Group I carcinogen may be established by reference to reports filed to the Pennsylvania Fire Information Report System (PennFIRS).
The presumption is applicable to all claims made within 300 weeks from the firefighter's last date of service (about 5.5 years), though the Act does allow for claims made as much as 600 weeks (about 11.5 years) after the last date of service.
The law supplements other provisions of the Pennsylvania Workers Compensation Act and the Pennsylvania Heart and Lung Act, both of which provide special rights to firefighters who are injured on the job or who develop diseases due to work-related exposures. For example, prior laws have recognized the high incidence of heart attack and heart disease among firefighters, and have created certain presumptions intended to make proof of a work-related causal connection much easier than would be the case for others -- even where the firefighter never suffers a heart attack within the work environment.
If you have worked fighting fires, we thank you for your service and we hope we can now serve you, to establish the presumption afforded under the Firefighters Cancer Presumption Act and/or any other favorable legal presumptions advancing your rights under the Pennsylvania Workers Compensation Act and/or Pennsylvania Heart and Lung Act, to get you the benefits you need and deserve as quickly as possible, so that you can focus on pursuing your treatment and beating your disease.
A final note, with our apologies: Cancer is a serious matter. There are times when a cancer diagnosis ultimately proves to be terminal. Death from a cancer diagnosis shown to be work related can create a substantial entitlement to life-time benefits to a surviving spouse, as well as long-term benefits to children who are minors or full time students. These are extremely valuable benefits for the surviving spouse or children -- and also extremely costly to the defending employer or insurance company. To avoid paying such costly "fatal claim" survivorship benefits to spouse and children, insurance carriers may be motivated to approve extra treatment costs and actively engage in helping the injured worker win his or her battle with cancer or other covered occupational diseases. In this context, an embattled patient may have more leverage over a workers' compensation insurance carrier than might be the case over a private health insurer.
Pursuing workers' compensation rights in the face of the Firefighters' Cancer Presumption Act also opens up very substantial possibilities for lump sum recoveries that would not be available absent the presumption, where that is desired by the claimant. Employers and Insurers faced with costly liability may agree to pay a very substantial sum, and to make other accommodations (such as affording an early full value retirement, for example), to avoid the expenses and burdens of their obligations under the Workers' Compensation Act. Employers and insurers faced with litigation in which the firefighter's presumption is brought to bear, may be fully motivated to negotiate a lump sum settlement of the firefighter's rights. Where the firefighter has other insurance and/or where other circumstances direct that a significant lump sum settlement would be preferred over the alternative course of putting the legal presumption to the test with a Judge's decision, we can act to ensure that those negotiations conclude on terms that are fully favorable to our client and his or her family.
The bottom line is that we know the law, we know how to use the law to the advantage of our client firefighters suffering cancer after career exposure to carcinogens, and we always keep the best interests of our client first and foremost. See our client reviews. Put your trust in attorney Tim Kennedy, a specialist in Pennsylvania Workers' Compensation Law certified by the Pennsylvania Bar Association Workers' Compensation Section, on authority of the Pennsylvania Supreme Court.
Call us today to discuss your rights. Tim Kennedy: (484)453-8144
Philadelphia Suburbs:
90 S.Newtown Street Rd,
Newtown Square PA 19073
(610) 924-5667
Philadelphia:
1700 Market Street
Suite 1005
Philadelphia PA 19103
(215) 559-5003
90 S.Newtown Street Rd,
Newtown Square PA 19073
(610) 924-5667
Philadelphia:
1700 Market Street
Suite 1005
Philadelphia PA 19103
(215) 559-5003
CLIENT TESTIMONIALS:
I had a serious work related injury. I hired Tim after speaking with him and feeling completely at ease with his professionalism and demeanor. My case became complicated over time. Throughout the process I always felt that Tim had my best interest in mind. With every phone call or email, Tim was very informative and proactive, always explaining things in a way I could understand. He worked hard for me in his dealings with my employers insurance company. He did this so much so, the insurance company actually fired their own attorneys in the middle of litigation. In the end, Tim was able to negotiate a substantial settlement, including taking the burden off of me of an excessive amount of unpaid medical bills. I would highly recommend Tim.
- B (Workers Compensation client)
I truly love, respect and appreciate Attorney Timothy James Kennedy for his highly professional, unselfish(going above and beyond), highly dedicated approach in working with me and my unfortunate circumstances and my unfortunate legal dilemma... and will with every opportunity be highly recommending his legal services to all family, friends and strangers found in-need of such services!
Attorney Timothy James Kennedy is not only a true professional, he is a loving, caring, sharing human being who not only cares about his cases and reputation, but cares also for the lives and the families of those he so-caringly and so humbly represents!
He will always be appreciated and will never - ever - be forgotten. I, on behalf of myself and my family, appreciate the fact that he was willing to stop by and become "The Good Samaritan" in our lives!
- Michael (Workers Compensation Client)
Timothy is a really great lawyer. He knows what to do, and how to handle really sticky situations. When I first came to him, I had very little to back me up, but we mainly him lol pulled through and got the job done with GREAT results. If I could back in time I would still pick him as a lawyer 1000 times more. He took his time, talk to me like I was a person and not a dollor sign, and made lawyer jargon understandable english for me. I truely felt comfortable with him handling my case, and I never doubted him since the very first meeting. I also like that he gives his personal direct number to get in contact with him whenever you may need him, and he always responds if not that same day, the very next. The only bad thing I would have to say is its a shame I would have legal trouble to work with him again lol.
-Trina (Workers Compensation Client)
Highly knowledgable in the law with excellent people skills..I highly recommend Mr. Kennedy.
- Workers Compensation Client
Mr. Kennedy was most informed concerning how to handle my workmans comp claim. Also, his staff was excellent in keeping me informed of negotiations. I can not say enough about Mr. Kennedy and his staff !!!
-Marvin (Workers Compensation Client)
When hiring a lawyer you need to be sure that they are knowledgeable,trustworthy,responsive and most of all have very strong confidence in their abilities to fight for your rights. Mr. Kennedy is one of the most confident people i know. He is determined and aggressive. I guess i can also say he is feared by others. Mr. Kennedy made me feel as we were friends by always keeping me informed and also asking me for my input as well as cared for my opinion. He told me that he would have no problem getting me the amount that i felt i deserved. He then said i will do better than that were gonna go high and mabey hit a homerun. When he called me with news of the final judgement i was shocked he said i not only hit a homerun for you, it was a grandslam. His work is so impressive he can be considered to be the best in PA.
-Jake (Workers Compensation Client)
Mr. Kennedy goes above and beyond to answer all questions and concerns and does so in an easy to understand manner. He worked very hard on my case as I'm sure he does on all of his cases. I am very pleased with the outcome of my case and would not hesitate to refer him to someone in need of his services. Thank you, Mr. Kennedy.
-Maria (Workers Compensation Client)
As these testimonials reflect, we work very hard to satisfy our clients and to ensure the best results in handling their claims. Call us now to let us explain how we can help you advance your rights and interests, so that you too can become a satisfied client.
-Tim Kennedy
(484) 453-8144
I had a serious work related injury. I hired Tim after speaking with him and feeling completely at ease with his professionalism and demeanor. My case became complicated over time. Throughout the process I always felt that Tim had my best interest in mind. With every phone call or email, Tim was very informative and proactive, always explaining things in a way I could understand. He worked hard for me in his dealings with my employers insurance company. He did this so much so, the insurance company actually fired their own attorneys in the middle of litigation. In the end, Tim was able to negotiate a substantial settlement, including taking the burden off of me of an excessive amount of unpaid medical bills. I would highly recommend Tim.
- B (Workers Compensation client)
I truly love, respect and appreciate Attorney Timothy James Kennedy for his highly professional, unselfish(going above and beyond), highly dedicated approach in working with me and my unfortunate circumstances and my unfortunate legal dilemma... and will with every opportunity be highly recommending his legal services to all family, friends and strangers found in-need of such services!
Attorney Timothy James Kennedy is not only a true professional, he is a loving, caring, sharing human being who not only cares about his cases and reputation, but cares also for the lives and the families of those he so-caringly and so humbly represents!
He will always be appreciated and will never - ever - be forgotten. I, on behalf of myself and my family, appreciate the fact that he was willing to stop by and become "The Good Samaritan" in our lives!
- Michael (Workers Compensation Client)
Timothy is a really great lawyer. He knows what to do, and how to handle really sticky situations. When I first came to him, I had very little to back me up, but we mainly him lol pulled through and got the job done with GREAT results. If I could back in time I would still pick him as a lawyer 1000 times more. He took his time, talk to me like I was a person and not a dollor sign, and made lawyer jargon understandable english for me. I truely felt comfortable with him handling my case, and I never doubted him since the very first meeting. I also like that he gives his personal direct number to get in contact with him whenever you may need him, and he always responds if not that same day, the very next. The only bad thing I would have to say is its a shame I would have legal trouble to work with him again lol.
-Trina (Workers Compensation Client)
Highly knowledgable in the law with excellent people skills..I highly recommend Mr. Kennedy.
- Workers Compensation Client
Mr. Kennedy was most informed concerning how to handle my workmans comp claim. Also, his staff was excellent in keeping me informed of negotiations. I can not say enough about Mr. Kennedy and his staff !!!
-Marvin (Workers Compensation Client)
When hiring a lawyer you need to be sure that they are knowledgeable,trustworthy,responsive and most of all have very strong confidence in their abilities to fight for your rights. Mr. Kennedy is one of the most confident people i know. He is determined and aggressive. I guess i can also say he is feared by others. Mr. Kennedy made me feel as we were friends by always keeping me informed and also asking me for my input as well as cared for my opinion. He told me that he would have no problem getting me the amount that i felt i deserved. He then said i will do better than that were gonna go high and mabey hit a homerun. When he called me with news of the final judgement i was shocked he said i not only hit a homerun for you, it was a grandslam. His work is so impressive he can be considered to be the best in PA.
-Jake (Workers Compensation Client)
Mr. Kennedy goes above and beyond to answer all questions and concerns and does so in an easy to understand manner. He worked very hard on my case as I'm sure he does on all of his cases. I am very pleased with the outcome of my case and would not hesitate to refer him to someone in need of his services. Thank you, Mr. Kennedy.
-Maria (Workers Compensation Client)
As these testimonials reflect, we work very hard to satisfy our clients and to ensure the best results in handling their claims. Call us now to let us explain how we can help you advance your rights and interests, so that you too can become a satisfied client.
-Tim Kennedy
(484) 453-8144
