Sadly, many workers will, at some point, suffer an on-the-job injury. If you’re unable to work or are required to significantly limit your work, you can collect workers’ compensation benefits. Sometimes an employee may be let go while collecting workers’ compensation, so it’s fair to wonder what happens to their benefits. Here’s what you need to know:
Ohio is categorized as an at-will employment state, meaning you or your employer can terminate your working relationship at any time without reason. Generally, when an employee is let go, the employer states a reason, but this is not required by law.
There is one exception to the at-will rule—your contract with your employer states the specific reasons or circumstances under which you can be terminated. If the reason given for termination is different from what’s on your contract, it constitutes a breach of contract. Should this happen to you, we recommend you consult with Regas & Haag about initiating a lawsuit.
If you were injured while working your regular job duties, you are entitled to file a workers’ compensation claim. These benefits can be claimed if you need to limit your working capacity or you can’t perform your work duties at all.
Workers’ compensation is in place to offer benefits to both the employee and employer:
Sometimes, when an employee is cleared to return to work, they find out their job no longer exists. If you can work without restrictions but are terminated by your employer, you will no longer get temporary total disability benefits from your workers’ compensation; you may still be entitled to other compensation. If your claim is still open, it will continue to cover the costs of your medical expenses, ongoing treatment, and lost wages due to the injury you sustained while on the job.
Even if you were cleared by your doctor to resume light work duties but are terminated by your employer, you can still recover those benefits once you have obtained a new job.
It’s important to note an employer cannot legally terminate an employee for filing a workers’ compensation claim. While employers are required to state the specific reason for termination in this circumstance, you can file a lawsuit if you have cause to believe you were fired for filing a workers’ compensation claim.
If you believe you were unfairly terminated or have concerns about losing your workers’ compensation benefits, Regas & Haag can help. If you are located in or near Canton, Ohio, contact our law firm at your earliest convenience to discuss your case.Read Full Article
Regas & Haag, Ltd., is an Ohio-based law firm specializing in social security disability and workers’ compensation. Our attorneys represent injured and disabled people throughout the state. We can present your case to the Ohio Industrial Commission, the Ohio Bureau of Workers’ Compensation, and the Social Security Administration. Here’s what you need to know about social security disability benefits.
The two main types of benefits are Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). These government programs were created to provide supplemental income to eligible people—specifically, people who cannot work due to particular situations or medical conditions. There is a stringent application process in which you must prove your eligibility. Although it can be stressful, we are here and ready to help simplify all of it for you.
There are two primary differences between these two programs:
The process can be long and complicated; however, with the right legal counsel, it can be less stressful and more efficient. Our experienced attorneys are extremely knowledgeable about the laws and will help you navigate this challenging journey.
We understand that this is a stressful time for you. That’s why we offer a no-charge consultation with one of our attorneys. If it is difficult for you to come to our Canton office, we’ll come to you. Regas & Haag will charge you nothing if you are not found eligible and approved. A bill for our legal services is only generated if we help you win your case. There is no risk when you hire us to represent you in your SSI or SSDI proceedings.
Our company has been operating in Ohio for many years. We are dedicated to our clients and making sure that they receive the compensation they are entitled to. Our team takes great pride in our commitment to providing you with our premier personalized service. After all, we are a client-driven full-service law firm.
Regas & Haag has always fought hard for our clients in Ohio, and we will continue to fight hard for you and your family, too. Our attorneys are very responsive to your needs, and will stay in regular contact with you to keep you abreast of the status of your application. It’s only natural that you will have questions or concerns, and we know that you deserve timely answers from your attorney.
Please contact our office to set up a complimentary consultation with one of our experienced attorneys. We will meet with you wherever it is most convenient for you. You will have peace of mind knowing that an attorney from Regas & Haag is on your side.Read Full Article
In the event of an accident at work or the development of a work-related illness, you may be entitled to workers’ compensation. Not sure what that means? Here’s what you need to know!
Workers’ compensation is a state-mandated insurance program that pays benefits to employees who suffer work-related injuries or illnesses. Benefits include payments for medical bills, partial wage replacement, and compensation for permanent impairments.
The dedicated team at Regas & Haag, Ltd. can easily analyze your case and inform you about what kind of benefits you’re entitled to. As workers’ compensation attorneys with many years of experience, our team will tirelessly fight for your rights.
Many injuries are covered by the law as long as they are the result of accidents at work. The law also covers occupational diseases like lung cancer caused by the inhalation of asbestos.
The most commonly claimed injuries include:
Something worth noting:
Employees are not entitled to benefits if they did anything with willful intent to injure themselves or others, or if the injury was the result of drug or alcohol intoxication.
At Regas & Haag, Ltd., we handle all aspects of your Workers’ Compensation case. This includes getting in contact with your doctors to obtain your medical records and reports, filing motions and appeals on your behalf, and preparing you for any hearings held by the Ohio Industrial Commission, so we can work to get you the benefits you deserve.
The Ohio Bureau of Workers’ Compensation has workers’ compensation forms available for download. If you need assistance understanding how to fill out these forms, please call our office.
At Regas & Haag Ltd., we can provide you with all the legal assistance you need on workers’ insurance claims. Feel free to contact us through our website or by calling us at 330-649-9102 or toll-free at 800-520-2200.Read Full Article
Childhood disability benefits are benefits paid to children who have a disability and come from a family that has limited resources to care for them. This money can help ensure that the child has the care that they need without financially straining their parents or guardian.
Who Qualifies for Childhood Disability Benefits?
A child must have a condition or combination of conditions that limit their ability to lead a normal life. The condition must be one that will last for more than 12 months. If the child is working, they cannot make more than a set amount each month. That amount changes annually.
What Are Some of the Conditions That Qualify?
Many different conditions quality for childhood disability payments, including:
● Cerebral palsy
● Muscular dystrophy
● Down’s syndrome
● Severe intellectual disability
Must the Child Live at Home to Qualify?
The child does not have to live at home to qualify for SSI payments. If they are placed in a long-term care facility, and the state pays for their health care, they will receive a smaller amount monthly.
How Do You Qualify Your Child?
If you think that your child may qualify for childhood disability payments, you will need to fill out the form provided by the Social Security Administration to start the process. Your answers to these questions are important in the decision made by the government, so make sure you fill out the form completely and accurately to ensure your child receives the correct benefits.
After submitting the form, gather any relevant medical records as you will need this proof to ensure that your child qualifies for the correct childhood disability payments.
Set up an appointment with your local Social Security office, this step may take some time. It is not unusual to wait four to five months to schedule an appointment. When it is your turn, ensure that you keep your availability open to attend the meeting in order to avoid any delays.
You may be asked to take your child to a doctor if the government needs further information to make a decision. This doctor will examine your child and decide.
Can a Child Move Through the Childhood Disability Benefits Process Faster?
A select few children who have specific conditions, such as childhood cancer, can be moved to the front of the line for evaluation. The sooner you turn in the paperwork, the faster the process can begin.
It can be confusing and challenging to get childhood disability benefits. Therefore, it is usually best to work with an experienced attorney from the beginning. Contact Regas & Haag to receive the help your child deserves.Read Full Article
Aging increases the probability of a disability since our bodies become less resistant to injury and illness. People older than 50 years of age are considered disabled if they are unable to perform their past relevant work and are confined to sedentary work activities.
If you are in your 50s, social security can consider your education, experience, and age to determine if you are disabled. Continue on to learn more about if you qualify for disability benefits:
Common disabilities that claims are filed for include:
If you are 50 or over, and no longer able to perform your job due to a disability, it may be a challenge to transfer your skillset to other types of work.
Social Security Disability benefits are another form of compensation that may be available to qualified disabled workers. Although workers of any age are eligible for Social Security Disability benefits after claiming a disability, there are special rules for older workers to simplify obtaining disability benefits.
Workers in their older years might not be required to adjust to a new type of work even if they are physically able to.
There are four categories used by the Social Security Administration to determine your workload:
Even sedentary workers between the ages of 50 and 54 may be eligible for disability benefits. People between 55 and 59 could be eligible even if they can perform light work, and those between the ages of 60 and 64 could collect Social Security Disability benefits even if they can perform medium-level activities.
At Regas & Haag, Ltd., we handle all aspects of Social Security Disability cases. If you think you may be eligible for disability benefits call us today at 330-649-9102 to learn how we can help you get the benefits you qualify for.Read Full Article
Have you recently been injured? Working with a Social Security disability attorney can improve your probability of receiving the benefits that apply to your situation. Here are a few ways that hiring an attorney can help:
Lawyers know your rights and can persuasively argue on your behalf in relation to the benefits you deserve after a personal injury. Their knowledge may help them to cite the rules and laws specific to your case.
You might be surprised to learn that making a Social Security disability claim late can potentially lead to an automatic denial. Attorneys are familiar with the deadlines involved and can help you prepare and submit your application well before the deadline.
If this is your first time connecting with the Social Security office or testifying before a judge at a hearing—the experience can be intimidating. Your attorney can handle many of these details on your behalf.
An attorney can also work with you to help strengthen your claim. Sometimes, seemingly inconsequential pieces of evidence or statements can make all the difference—so there are many benefits to having an expert on your side to support you through the process.
The rule of thumb is always “the sooner, the better.”
If you are considering filing for a disability claim, you should contact an attorney for a consultation meeting. Getting legal support and assistance beforehand can help you determine the strength of your case and assist you in submitting your initial application. Legal representation is not required, but the likelihood that you will be approved is greater if you have legal counsel on your side.
At Regas & Haag, Ltd., we handle all aspects of your Social Security Disability case. This includes getting in contact with your doctors to obtain your medical records and reports, filing all appeals on your behalf, and preparing you for your hearing.
For advice and guidance for your disability claim, call us today at 330-649-9102 to get started.Read Full Article
Social Security disability benefits are rarely terminated due to medical improvement, but that does not stop them from trying. The SSA has been reviewing cases in recent months to determine cases where medical improvement has occurred and they can stop payments for benefits. These are called cessation cases.
When and How Cessation Cases Happen
The SSD process does not end when you receive benefits. Social Security is required to review your case periodically. If the Social Security Administration determines your disability has improved enough for you to work, you will no longer receive benefits. If you face a Continuing Disability Review (CDR), your case will be forwarded to the Disability Determination Service (DDS) in your area.
Appealing a Cessation of Benefits
You will have 60 days to request an appeal, which consists of an informal hearing before a Hearing Officer. At the hearing, you can present additional evidence, call witnesses, and testify about your conditions.
What is the Standard for Evaluating Medical Improvement?
During a CDR, Social Security uses the Medical Improvement Review Standards (MIRS). If you were found disabled because you were unable to stand or walk for more than an hour in an eight-hour day, you would qualify for disability benefits. If you feel better, but you cannot stand or walk for an hour, your medical improvement is not related to your ability to work, and your benefits continue.
It is the Social Security Administration’s responsibility to prove that you are capable of returning to work. It is much harder to lose your benefits than to gain them since you initially demonstrated you are disabled. Nonetheless, disability cessations can occur.
How Can Regas & Haag Help?
Even after being awarded disability benefits, there are still hurdles to maintaining your status with the SSA. Learning about the CDR process can help you be better prepared for a periodic review.
Regas & Haag handles every aspect of your Social Security Disability case, including communicating with your physicians, obtaining medical records and reports, filing all appeals on your behalf, preparing you for an Administrative Law Judge hearing, and appealing through Federal district court. Contact us today by filling out the form on our website, or by calling us at (330) 649-9102. Remember—there are no attorney fees until you win.Read Full Article
According to the US Bureau of Labor Statistics, there were over 5,000 work-related fatalities in the United States in 2018, with over 150 deaths in Ohio alone. If your family member has been seriously injured or killed in a workplace accident, you may be entitled to compensation. Learn more about the difference between workers’ compensation and employers’ liability and how it relates to workplace fatalities.
Workers’ compensation is an employer insurance program designed to compensate workers who are injured while performing their duties. This compensation is intended to cover the cost of medical bills associated with illness or injury and compensate for lost wages if the employee is unable to continue working. In the state of Ohio, all employers must provide workers’ compensation benefits to their employees.
On the other hand, employers’ liability covers incidents—such as illness, injury, or death—due to negligence. Workers may also file an employers’ liability claim if they feel that workers’ compensation does not adequately cover their expenses.
Surviving family members should file a wrongful death claim following a workplace fatality if they believe that the employer is at fault. To file a wrongful death claim, plaintiffs need to prove:
The purpose of a wrongful death claim is to seek compensation for damages above and beyond what workers’ compensation may provide. This includes, but is not limited to, loss of the decedent’s potential future earnings, loss of possible inheritance to the decedent’s current heirs, emotional anguish over the decedent’s loss, and more.
In Ohio, only the personal representative of the deceased may file a wrongful death claim. The statute of limitations for wrongful death claims in Ohio is two years.
At Regas & Haag, Ltd, our attorneys handle a wide variety of workers’ compensation and wrongful death claims. If you believe your loved one was wrongfully killed while working, we can help. Visit our website or call (330) 649-9102 to get started.Read Full Article