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
When a worker suffers from a serious injury while on the job, the lasting damage can greatly impact the individual’s life. Whether the incident has made it difficult or impossible to work for a short time, or for the rest of their lives, the employer must be held responsible for the incident and its impact on the employee’s future.
When you are injured because of your job or if you have developed a work-related illness, there are laws that can help you to get the compensation you deserve for the loss you have suffered. However, it’s important to understand the Ohio workers’ compensation laws to ensure you are compensated fairly.
The workers’ compensation system in Ohio will provide funds for individuals who have suffered injuries or for any health issues caused due to the work required. These funds are specifically meant to cover medical expenses and lost wages as a result of the harmful work incident in an effort to provide peace of mind and fair compensation for the injured employee. However, it’s important to note that claimants only have one year to put forth their claim for review.
As an injured worker in Ohio, you have rights. You deserve to be treated fairly and to receive the appropriate care and compensation which you are entitled to. You have the right to access high-quality BWC-certified healthcare of your choosing, have your approved medical expenses paid for, and to receive timely payments for these services.
Now that you understand the laws, it’s also important to understand how they can benefit you if you need them. If your claim is approved by the Bureau of Workers’ Compensation, you may be entitled to any one of the following:
Submitting a claim can be difficult, depending on the circumstances of your injury or illness. After all, in order to receive compensation, you must verifiably establish that
Hiring a professional attorney can help you ensure you are able to prove the requirements above and can receive the compensation you deserve. To schedule a free consultation to discuss your Social Security Disability or Workers’ Compensation benefits, call the office of Regas & Haag, Ltd. immediately at 330-649-9102 or toll-free at 1-800-520-2200.Read Full Article
As our state re-opens, many are faced with a difficult decision—whether or not to return to work. Unfortunately, general fear or concern over coronavirus does not hold legal merit to refuse to return to work. However, those who are high-risk individuals (as determined by the CDC), or who have other health disorders, are protected by specific laws and regulations.
Whether you’re looking for additional accommodations in returning to work, or keeping unemployment benefits after refusing to return, you’ll want to consider these things:
The CDC is continually updating its list of high-risk medical conditions concerning COVID-19. For individuals with these conditions, it’s suggested they take precautions to limit social interactions. When returning to work, CDC recommends additional accommodations such as telecommuting, increased PPE, or changes in schedule to limit interactions with staff/customers.
If you are considered high-risk and want to work, it’s important to remember your employer cannot force you to stay home. They must work with you to provide reasonable safety accommodations.
Discuss with your employer what procedures have been put in place to ensure proper protection and social distancing. Ask:
If you require additional accommodations to feel safe, you must engage in the interactive process with your employer to determine what adjustments are needed.
If your request does not cause undue hardship to your employer, they must comply. Reasonable accommodations may include; additional or modified protective gear; plexiglass, or other barriers between yourself and others; telecommuting; and more.
Not all medical conditions are visible or are on the CDC high-risk list. We recognize mental health conditions such as anxiety, PTSD, OCD, can impact someone’s ability to feel safe returning to work. While general concern or fear over the virus is not enough to allow an individual to refuse to return to work, there are steps you can take. Talk to your doctor and obtain a medical note regarding the risks you face returning to work due to your mental or physical illness.
If you choose not to return to work, and you cannot provide legal justification, you could lose any unemployment benefits you’re collecting. At Regas & Haag, we defend vulnerable individuals in Social Security & Disability Law and Worker’s Compensation cases. If you believe you have a legal claim in regards to returning to work post-COVID-19. Please reach out to schedule a consultation with us to discuss your rights.Read Full Article