Introduction: A New Year, A New Set of Risks

Welcome to the first 2025 broadcast of The Jeff Gross Show. As a fresh blanket of snow covers the Delaware Valley, hosts Jeffrey Gross and Joe Dougherty are joined by Joe Russo of The Russo Law Firm to discuss the legal complexities of winter injuries. From icy slip-and-falls to the surprising reality of “work-from-home” workers’ compensation claims, this episode serves as a vital guide for navigating the snowy months ahead.

Key Insights from the Episode:

• The “Home Office” Injury: Did you know that if you trip over your child’s toy while working from home, it could be a valid workers’ compensation claim? Jeff Gross explains why negligence isn’t required for work-related injuries, even in your own living room.
• Third-Party Liability on Ice: If you’re a delivery driver who slips on an unplowed sidewalk, you may have two cases: a “no-fault” workers’ comp claim and a third-party negligence suit against the property owner.
• The “Reasonableness” Standard: Joe Russo breaks down the requirements for Pennsylvania property owners to clear snow and ice, and how city property standards differ from commercial ones.
• The Invisible Injury: Handling head injuries and subdural hematomas requires a specialized approach. Learn why family involvement is critical when a client’s memory is impacted by a traumatic brain injury.
• The Subrogation Formula: Understand how workers’ comp and personal injury attorneys collaborate to maximize the value of your settlement through subrogation liens.

Injured in the snow? Get the specialized help you need. Contact Jeff Gross (Gross & Kenny LLP): 215-512-1500

Transcript: The Jeffrey Gross Show – Episode 15

Date: January 7, 2025

Topic: Injuries and Inclement Weather: Navigating PA Workers’ Comp & Personal Injury

Host: Jeffrey Gross, Esq. (Gross & Kenny LLP)

Co-Host: Joe Dougherty

Guest: Joe Russo, Esq. (The Russo Law Firm)

[Announcer]: The following programming is sponsored by DND Media. The views expressed do not necessarily reflect the views of this station, its management, or Beasley Media Group.

Joe Dougherty: All right, ladies and gentlemen, around the Delaware Valley, welcome to the Jeff Gross Show here on WWDB Talk 860. Got a fantastic broadcast. It’s certainly a Happy New Year broadcast, our first show after the New Year. I’m bringing in our host, Jeff Gross. Jeff, how are you, sir?

Jeffrey Gross: Good, Joe. How are you today?

Joe Dougherty: I am fantastic. We’re pre-recording this the day before it airs. As everybody in the Delaware Valley knows, it is a snowy day. We have Joe Russo of The Russo Law Firm. How are you, Joe?

Joe Russo: Hi, Joe. How you doing? Happy New Year.

Joe Dougherty: Happy New Year. We’re going to talk a little law, but first, we’re going to get into a little Eagles conversation. Today’s conversation is going to focus on injuries and inclement weather.

Jeffrey Gross: It’s always a good time of year for us attorneys in the PI and Workers’ Comp area.

Joe Dougherty: This past weekend, the Eagles played the Giants. It was somewhat of a letdown in the fact that many of us really would have liked to see Saquon Barkley give it a shot and get the record. But it’s understandable why he didn’t. Jeff, any thoughts?

Jeffrey Gross: He should have. It gives them incentive to do it again next year. I’m actually glad he’s going to be healthy for next week because a lot of players in the playoffs are not as healthy as they could be. I know Jordan Love has a messed-up elbow, so I don’t know how well he’s going to play against us, and that’s a good thing.

Joe Dougherty: Joe, what are your thoughts?

Joe Russo: I agree. I think they made the right decision. It sucks not to see him get the record, but you would have had to play the starting offensive linemen too. It’s not worth it to get somebody hurt in a meaningless game.

Joe Dougherty: One of the issues I was unaware of was the fact that the Eagles don’t have a bye. It’s a totally different ballgame. Anyone surprised the Giants played so hard at the end of that game? They need a high draft choice; I figured they would just roll over.

Jeffrey Gross: Well, it’s interesting because they would not have gotten the first-round draft pick even if they lost because of their record.

Joe Russo: I think it’s hard in the moment for players and coaches to lay down. It’s pride.

Joe Dougherty: It’s nice to know the Eagles’ backups are better than the Giants’ starters. I saw today they are bringing back the Giants’ coach and GM—I think that’s also good for the Eagles!

Joe Russo: I gotta imagine Aaron Rodgers is done. I can’t see him playing another year. I’m just glad I’m not a Jets fan.

Joe Dougherty: Look at Juan Soto—$765 million. That’s crazy. That’s Joe Russo type of money, right?

Joe Russo: We’re working on it, Joe!

Jeffrey Gross: At that rate, we’re going to see the first billion-dollar contract. I’d like to see how much Soto gets paid per pitch.

Joe Dougherty: I remember when I paid eight bucks to go see a Phillies game. Now it’s a completely corporate game. Guys, if there was no contingency fee, we’d be sitting here right now as billion-dollar attorneys!

Joe Russo: Good for these attorneys who are the agents, right?

Joe Dougherty: All right, let’s go to break. We’ll be back with more from the Jeff Gross Show in just a minute.

[Commercial Break]

Joe Dougherty: Welcome back. Jeff’s guest is Joe Russo from The Russo Law Firm. Jeff, remind our listeners about your firm.

Jeffrey Gross: My specialty is workers’ compensation. I’ve been doing it for 35 years. We represent injured and disabled workers as a result of work-related accidents. We do not represent insurance companies. I love what I do.

Joe Dougherty: Joe Russo, a little bit about yourself.

Joe Russo: My firm is The Russo Law Firm, now in its seventh year. I specialize in personal injury and have been in that area for 17 years. Before that, I worked for Christopher Gittins.

Joe Dougherty: Jeff, it was a snowy day today. What types of injuries do you see as a result of ice and snow?

Jeffrey Gross: I see a lot of slip and falls on icy roads or sidewalks—injuries to knees and the lower back. I also see upper body injuries from shoveling and motor vehicle accidents that have third-party claims. If a worker is making a delivery and slips because a business didn’t plow, they have a workers’ comp claim, but also a third-party claim against that business. Joe Russo would take care of that third-party case.

Joe Dougherty: Jeff, is there an uptick in construction work injuries during inclement weather?

Jeffrey Gross: Not for construction, because they usually close the site. But there is an uptick for drivers and delivery people. Interestingly, I see a lot of work-related injuries that happen at home now. If you are working from home and you trip over a kid’s toy while running to get a document off the printer, that is covered under workers’ compensation. You don’t have to prove negligence for a work-related injury.

Joe Dougherty: How do insurance companies react to home-office injuries? Do they fight harder?

Jeffrey Gross: Usually, they deny it in the beginning and say it’s “not in the course and scope.” But after we file and have the client testify, they often pick up the claim or settle. It can take several months.

Joe Dougherty: Joe Russo, what does the uptick look like in personal injury?

Joe Russo: In climate weather unfortunately leads to people getting hurt because property owners aren’t clearing their parking lots or sidewalks.

Joe Dougherty: Are there different requirements for residential versus commercial property owners to remove snow?

Joe Russo: In Pennsylvania, it’s a “reasonableness” requirement. You don’t have to shovel during the storm itself, but there is a duty of care to clear it within a reasonable time after it’s over.

Joe Dougherty: Jeff, what about slip and falls in a supermarket during a storm?

Jeffrey Gross: In workers’ comp, there is no negligence requirement. It’s a no-fault act. I had a case where a supermarket employee was stacking carts in an icy parking lot; a car skidded and pinned him. That is a covered injury against the employer, but also a third-party claim against the driver.

Joe Dougherty: Joe, are there different rules if you slip on city property, like City Hall?

Joe Russo: For city or government property, there is often immunity from certain types of negligence claims. It’s a much different standard.

Joe Dougherty: Let’s talk about head injuries. Jeff, what are the challenges there?

Jeffrey Gross: I have a case now where ice fell from a roof and struck a client on the head. He has a subdural hematoma. The hardest part is getting an accurate history because the injury itself makes the person forgetful. I often have to bring in a spouse or family member to help with the day-to-day details. People with head injuries are often in denial; they say they are “fine” when cognitive testing shows they are not.

If a delivery guy is hit by a falling icicle, there is third-party liability against that property owner if they knew about the accumulation. I would contact Joe Russo to handle that second case against the property owner.

Joe Russo: You really have to explain the separation of the two claims to the client. The general public often doesn’t know you can’t directly sue your employer for negligence.

Jeffrey Gross: That’s due to the “exclusive remedy” doctrine. You can’t get pain and suffering from an employer; you can only get that in the third-party claim.

Joe Dougherty: We’ll take one more quick break and be back in a minute.

[Commercial Break]

Joe Dougherty: Welcome back. We’re talking third-party cases. Jeff, you wanted to talk about damages?

Jeffrey Gross: Many people don’t want to make a workers’ comp claim because they think they only get lost time and medical bills. But a settlement can include future wage loss and future medical benefits. This creates a “stepping stone” for the third-party case. Joe Russo can then go after “non-economic” damages: pain, suffering, loss of life’s pleasures, mental anguish, and humiliation. I readily calculate the economic side, and Joe Russo argues the non-calculable side to a jury.

Joe Dougherty: Joe Russo, how important is the communication between the two attorneys in these cases?

Joe Russo: It’s key. As a boutique firm, I pride myself on speaking to the clients directly and staying on the same page as the workers’ comp attorney.

Joe Dougherty: Jeff, what is subrogation?

Jeffrey Gross: Subrogation is when the workers’ comp carrier pays out benefits and then gets a portion of that money back if there is a third-party recovery. People ask, “Why bring a case if they get the money back?” The answer is that the subrogation lien actually increases the value of the third-party claim.

Joe Dougherty: Joe Russo, how do you value a third-party case when it involves lost wages and pain?

Joe Russo: It’s a learned area. Clients want to know the value early, but there are so many factors—medical expenses, experts, and the contingency fee. The attorney puts out all the money for experts and investigation. If we don’t recover, the client doesn’t get a bill.

Jeffrey Gross: The larger the amount paid by the comp carrier, the larger the third-party claim. But there are hurdles, like minimum insurance policies. If a driver only has a $15,000 policy, I have to negotiate the subrogation lien so the client gets something on top. When someone asks me the value on day one, I tell them I can’t give one because I don’t know the prognosis yet. I give them a range of expectations.

Joe Russo: I’ve had clients reference those “million dollar” commercials on TV. Those hotlines aren’t even attorneys half the time; it’s just a marketing technique to get people in the door.

Joe Dougherty: This has been the fastest hour in radio. Joe Russo, contact information?

Joe Russo: Russo Law Firm, 1515 Market Street. Direct line is 267-251-4040.

Joe Dougherty: Jeff Gross?

Jeffrey Gross: My cell phone is 215-512-1500. We are at 1500 JFK Boulevard. Firm is Gross & Kenny. Website is philaworkerscomp.com.

Joe Dougherty: Thank you both for a fantastic broadcast.