Bentoff & Duber Co., L.P.A.Bentoff & Duber Co., L.P.A.2024-03-14T20:34:46Zhttps://www.duberlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1604549/2021/07/cropped-favicon-new1-1-32x32.pngOn Behalf of Bentoff & Duber Co., L.P.A.https://www.duberlaw.com/?p=540022024-03-06T08:36:24Z2024-03-06T08:36:24ZSeek immediate medical treatment
There are a few steps you should take after a slip and fall accident at work. Seek medical treatment as soon as you can even if you do not believe you were badly hurt.
Some symptoms from serious injuries can take days or weeks to appear and start preventing you from working or performing your daily tasks.
Additionally, if you wait too long to see a doctor, your employer could argue that your injuries are not work-related.
Document the accident scene
Document the scene of the slip and fall. Take pictures of the conditions at the time of the accident, including the cause of the fall. Write down everything you can remember about the incident, including the atmosphere at the time and exactly what you did.
Speak with any co-workers who witnessed the accident. They may be able to provide valuable information.
Report the slip and fall accident to your employer. You must do this to start the workers’ compensation claim process. Do this as soon as you can after the accident.
Filing for workers’ compensation
Since your fall occurred at work, you may be eligible for workers’ compensation benefits. Filing a claim for benefits through the Ohio Bureau of Workers’ Compensation can provide you with benefits while you cannot work.
The workers’ compensation claim filing process involves various steps and requirements. There are also deadlines you must meet. It is important to complete everything promptly and correctly to increase your chance of receiving benefits.
]]>On Behalf of Bentoff & Duber Co., L.P.A.https://www.duberlaw.com/?p=539922024-03-04T16:50:13Z2024-02-21T16:01:48Zworkplace injury or occupational illness. This does not necessarily mean that the worker is totally disabled, or that they will never be able to do some kind of work. However, the system seeks to compensate workers who have suffered a loss of wages.
The system for paying lost wages benefits can be quite complicated. The type of benefits depends on the type of injury and how it has affected their ability to work. The best way to think about these benefits is to sort them into two categories, one for temporary disability and one for permanent disability.
Temporary total compensation
Also known as TT, this type of benefit is meant for employees who, because of an occupational disease or work injury, are totally unable to work for more than seven days.
At first, TT benefits are paid at the rate of 72% of the employee's average weekly wage. This rate continues for up to 12 weeks. After that, if the employee is still totally disabled, the rate drops to 66.67% of their average weekly wage. Generally, a worker can continue to collect these benefits until their doctor says they can return to work, or until the worker has reached Maximum Medical Improvement, meaning that they are not expected to make any significant improvement in their condition. At this point, they may require permanent disability benefits.
Permanent disability
Permanent disability benefits come in several types, depending on the seriousness of the employee's condition.
A worker who, because of a work-related injury, is permanently unable to work may collect Permanent Total Disability, or PTD, benefits. These may be paid for the lifetime of the worker.
Many injured workers don't meet the standard for PTD benefits, but nonetheless face permanent problems that affect their ability to work and their earning capacity. There are several types of permanent benefits that can help these workers. For instance, Permanent Partial Disability benefits can compensate a worker who suffered a permanent injury (such as losing their hearing, their vision, or a limb) but can continue to do some work. Likewise, some workers are eligible for Wage Loss benefits if their permanent injuries mean that they must do work that earns them less money than they earned before their injury.
Learn more
As we noted above, the system can be quite complicated, and the outcome of any one case can depend greatly on the unique details of a worker's medical condition and their work history. Injured workers can speak to experienced professionals to learn more about how the law may apply to their case.]]>On Behalf of Bentoff & Duber Co., L.P.A.https://www.duberlaw.com/?p=539912024-02-20T19:08:13Z2024-02-20T19:08:13Zscience of accident reconstruction.
Accident reconstruction is a branch of forensic engineering that uses information from the accident scene to reconstruct the events that led to the collision.
What information is used in an accident reconstruction investigation?
The investigator’s first task is compiling information from the accident scene. The positions of all involved vehicles are carefully noted, as are skid marks, damage to roadside structures such as traffic signals and fences.
Most forensic engineers use digital means, such as cameras and video recordings, to record information about the accident site in a manner that allows further review at the engineer’s office. Witness interviews and closed-circuit TV cameras also yield critical information about the sequence of events that led to the collision.
Analyzing the evidence
Accident reconstruction specialists maintain extensive libraries of texts that provide evidence about how various automotive frameworks resist or yield to accident impacts. The extent of damage suffered by any of the involved vehicles often permits an investigator to estimate with great precision the speeds of the vehicles. The seriousness of injuries suffered by victims also permits a similar calculation.
The accident investigator will also attempt to answer questions such as who was driving, what were the weather and road conditions, and where were the vehicles at the point of first contact, maximum engagement, and disengagement.
Presenting the evidence
Most accident reconstruction specialists use modern digital equipment to recreate a video that shows the positions of the involved vehicles before, during and after the accident. Such a video is often shown to the jury if the case goes to trial to determine liability.
Using an accident reconstruction specialist is often the key to understanding and explaining exactly how and why an accident happened. In the end, a convincing presentation by a knowledgeable reconstruction specialist can be the difference between a successful trial and a stinging defeat.]]>On Behalf of Bentoff & Duber Co., L.P.A.https://www.duberlaw.com/?p=539902024-02-15T16:50:31Z2024-02-15T14:28:56Z
Removal of safety guards: Employers remove safety guards for several reasons. Some think they get in the way of more efficient work, while others find them to be bulky, rendering equipment more difficult to move. Some simply don’t want to pay to purchase and install safety guards. Regardless of the reason, though, this shortcoming can significantly heighten your risk of being injured on the job.
Failure to provide protective gear: Depending on the type of work you do, your employer should provide you with protective gear to keep you safe. This might include a hard hat, gloves, goggles, safety ropes, ear protection, and respiratory protection. If your employer fails to provide you with this equipment, then you could suffer everything from broken bones caused by a fall to hearing loss and the development of cancer. Failing to provide protective equipment is a major oversight on your employer’s part that needs to be remedied.
Failure to maintain machinery: Workplace machinery can pose a significant risk if improperly maintained, as it could force you into closer contact with moving parts, perhaps even pulling you towards them, increasing your risk of pinch and cut injuries. Machinery can also slip or fall, either of which can result in you getting crushed. Repair and maintenance of heavy machinery can be costly, making this a common area where employers cut corners when it comes to safety.
Inadequate lighting: You need to see what you’re doing to perform your job duties. But a lack of lighting can also create a dangerous situation. A lack of light can blur your vision, leading to mistakes when handling sharp or heavy objects, and your co-workers might not see you when they’re maneuvering machinery. These situations can lead to catastrophic accidents that result in devastating injuries.
Poor training: When you’re working in a potentially dangerous environment, you and your co-workers need to be properly trained. If you or someone else is operating heavy machinery without knowing what they’re doing, then you’re looking at a recipe for disaster.
Excessive workloads and unrealistic expectations: We all know that employers push us to work harder and faster to maximize revenue. But when you’re working in a hazardous environment, being pushed to work too hard and too fast can lead to errors and injuries.
What if you’ve been injured in a workplace accident?
If you’ve been injured on the job, then you need to think about your next steps. This should include gathering evidence to support a workers’ compensation claim as well as educating yourself on the workers’ compensation process so that you know what you need to do and when you need to do it.
Navigating the process can be daunting, but this isn’t something that you have to face on your own. Be sure to surround yourself with the support that you need to get through this trying time and properly advocate for the outcome that you deserve.]]>On Behalf of Bentoff & Duber Co., L.P.A.https://www.duberlaw.com/?p=539892024-02-09T16:33:59Z2024-02-09T16:33:59ZSSD and SSI
You may qualify for SSD if you have a disability and have earned enough work credits. To receive SSD, you must be currently unable to work due to an injury, an illness or another condition. The term used by the SSA is "unable to engage in substantial gainful activity."
Usually, a qualifying disability for SSD purposes means that you have a severe impairment that is expected to last at least one year or end in death.
SSI is a needs-based program and there is no work history required. It provides financial help to disabled individuals who have limited income. The threshold for income and resources are set by the SSA and have limits. You must meet SSA’s definition of disability to qualify.
In some situations, you may be eligible for both SSD and SSI benefits. These are called concurrent benefits.
The appeals process
If your benefits are denied under these programs, you may be able to appeal. In some situations, you may be able to request a request reconsideration and if that is denied, you can request a hearing with an administrative law judge who will make a decision.
For SSD denials, the appeal may involve a review of your employment history and SSI may involve a review of financial records. Both SSD and SSI can involve a review of medical evidence to determine whether you have a qualifying disability.]]>On Behalf of Bentoff & Duber Co., L.P.A.https://www.duberlaw.com/?p=539862024-01-23T19:26:47Z2024-01-23T19:26:47ZWhat a wrongful death claim can do for you
A wrongful death action could provide you with compensation for your loss. Wrongful death lawsuits are civil lawsuits based on negligence. There is no requirement that criminal charges be filed or that a crime be committed to file a wrongful death action.
Ohio law states that the personal representative of the deceased person’s estate must file the wrongful death action. The personal representative is likely named in the victim’s will. If the victim did not have a will, a personal representative would be appointed by the court.
The wrongful death lawsuit is based on negligence, which is the same as in personal injury actions. The purpose of wrongful death is to allow the victim’s loved ones to recover compensation the victim would have if they had not died because of the accident.
Different types of damages
The personal representative can request estate damages and damages for the surviving family members. Estate damages include any medical costs for attempts made to save the victim’s life, as well as funeral and burial costs.
Damages of the surviving family members include compensation for the victim’s spouse, parents or children.
Although nothing can bring back your lost loved one, including a wrongful death lawsuit, the compensation can help you hold the negligent party responsible and move forward with your life.
There are many necessary steps and deadlines in the wrongful death process, including a two-year statute of limitations. It is best to have help to get you through this difficult time so you make the right choices.]]>On Behalf of Bentoff & Duber Co., L.P.A.https://www.duberlaw.com/?p=539752024-01-10T21:17:23Z2024-01-10T21:17:23Zlatest accident occurred at approximately 10:30 p.m. on Christmas day when a woman lost control of her vehicle and smashed into two boulders in front of the home before skidding up into the front yard.
Speeding, driving impaired causes of prior accidents
The woman initially fled the scene but later returned and was charged with failure to control her vehicle. Prior accidents were caused by impaired drivers or speeding due to drivers being chased by police.
The owner of the property states that a contributing factor to the accidents is the removal of a guardrail that served as a barrier between traffic and his home.
The Cleveland Heights Communications Director sympathizes with the homeowner but says state guidelines prevented them from placing a guardrail in front of the property. They placed the two boulders there instead.
Speeding and driving while impaired are just two examples of negligent driving that results in accidents such as these. Although the homeowner was not injured in the most recent incident, he has been injured in prior incidents.
The tremendous toll a car accident can take
Many car accidents in the Cleveland area involve serious injuries or even death. Negligent drivers should be held accountable for their behavior. When you suffer injuries in an accident, you often face heavy financial losses from medical bills and lost wages.
Many accident victims also experience major pain and suffering and mental health struggles such as post-traumatic stress disorder. A car accident is often a traumatic event that people never get over.
Proving negligence could mean recovering compensation for these losses. This compensation can help you recover from your accident and move forward.]]>On Behalf of Bentoff & Duber Co., L.P.A.https://www.duberlaw.com/?p=539522023-12-01T20:51:12Z2023-12-28T20:47:33ZWho can you sue after a ridesharing accident?
The answer to this question is going to depend on the circumstances surrounding your accident. If the driver was not utilizing the ridesharing app and was not transporting or on their way to transport passengers, then you’ll likely be stuck suing the driver in their individual capacity. This could limit your ability to recover the compensation that you need. That could change, though, if the driver in question is considered an employee rather than an independent contractor.
If, on the other hand, the driver was transporting rideshare customers at the time of the accident, or you were a passenger in the rideshare vehicle at the time of the wreck, then you’ll be better positioned to tap into the rideshare company’s insurance policy. These financial resources may better help you offset the losses you’ve experienced.
What can you recover from your claim?
If you’re successful on your rideshare accident claim, then you might be able to recover compensation for your medical expenses, lost wages, and pain and suffering. But you’ll have to present evidence of these damages if you want to recover them, otherwise you could miss out on what you’re owed.
So, as you prepare to move forward with your personal injury case, you need to diligently gather evidence, anticipate defense arguments, and apply the law to maximize your chances of winning and recovering the compensation you need. Hopefully then you’ll be able to focus on your recovery and reclaiming the life that was unfairly taken from you.]]>On Behalf of Bentoff & Duber Co., L.P.A.https://www.duberlaw.com/?p=539682023-12-29T08:43:06Z2023-12-27T08:42:22ZSocial Security disability benefits.
Why are disability claims denied?
Disability benefits won’t be automatically given to you. You’re going to have to advocate for them, demonstrating how you meet the federal government’s requirements. To that end, here are some common reasons that disability claims are denied, that way you can focus on presenting sufficient evidence to avoid them:
Providing inadequate evidence to show that you meet the statutory definition of “disabled” as it pertains to your specific medical condition.
Not having enough work experience to qualify for disability benefits.
Failing to follow your doctor’s orders regarding testing and treatment, as this will give the impression that your condition isn’t as serious as you claim it to be.
Making too much income to qualify for disability benefits, as the disability program has an income cap when it comes to eligibility.
Being unwilling to cooperate with the government when it indicates that it needs additional information to process your claim.
Be prepared moving forward with your disability claim
A successful disability claim can give you peace of mind and financial stability. But the sad truth is that a lot of initial claims are denied due to a lack of preparation. Don’t let that happen to you. Instead, devote the time needed to build a thorough claim, or even appeal a claim denial, so that you can secure the future that you want while you focus on rebuilding your life in light of disability.
]]>On Behalf of Bentoff & Duber Co., L.P.A.https://www.duberlaw.com/?p=539672023-12-20T16:42:59Z2023-12-18T16:40:40Zworkers who are injured at work are entitled to workers’ compensation benefits, regardless of who is at fault for the accident.
Worker’s compensation generally covers both medical expenses (e.g., hospital stays, surgeries, rehabilitation) and, in cases of more serious injuries, lost wages.
State-fund employers v. self-insuring employers
Under Ohio law, employers must provide workers’ compensation insurance to their employees. If you are injured at work, the process will depend on whether your employer is defined as state-fund or self-insuring.
If your employer is a state-fund employer, your employer pays an insurance premium to the Bureau of Workers’ Compensation (BWC), which will then pay you benefits if you are injured in a workplace accident and are eligible for benefits. A managed care organization (MCO) will evaluate your medical needs, approve treatments, and help you return to work.
If your employer is self-insuring, the employer will directly pay injured employees workers’ compensation benefits. You will file a claim with your employer, and your employer will make decisions related to your medical treatments and benefits. The BWC will oversee any workers’ comp claims, but the employer will pay out the benefits.
How do I recover benefits?
The first step to recovering benefits is to report your workplace injury to your employer as soon as possible and file a workers’ compensation claim. You must provide any medical information that is requested and fill out a C-101 form (Authorization to Release Medical Information) so that your medical providers can provide the necessary information.
Once your claim is reviewed, it will be either approved or denied. If your claim is denied, you have the right to appeal the decision.]]>