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Columbus Injured Worker Legal Blog

Workplace injuries are fairly common - know your options

Although most of us associate workplace injuries with potentially dangerous occupations, such as jobs in the construction or industrial sectors, the fact is that workplace injuries can occur in almost any sector of employment. Workplace injuries are fairly common.

For example, repetitive motion injuries do not occur "all of a sudden," but, over the course of time, these types of injuries can significantly inhibit a person's ability to perform their workplace functions. Doing the same activity all day, every day could lead to joint problems or back problems, for instance. Then, there is the reality that a worker may suffer an injury in a fall at work - or from something falling on them.

Often tired at work? You may face a higher risk for injury

Almost everyone would admit that they show up to work in the mornings sleepy or that they find themselves needing a nap in the afternoon. It's normal to feel tired, but there are times when fatigue could actually be a safety risk. No matter what type of job you have, it's worthwhile to learn more about how you can decrease your chance of an accident in the workplace. 

Many people get insufficient sleep. A lack of sleep or getting less sleep over an extended period of time can affect work performance, focus, cognitive abilities and the ability to complete physical tasks. All Ohio workers have the right to be as safe as possible while at their places of employment, and it can benefit everyone to know how to recognize signs of dangerous levels of fatigue when they present themselves.

What are the basics of a wrongful death claim?

An unfortunate reality of the American workforce is that many jobs are inherently dangerous. If a death occurs on the job, the surviving family members of the worker will likely be considering their legal options. That is when a wrongful death claim may come into play.

What are the basics of a wrongful death claim? Well, for starters, there is the obvious requirement that a death must have occurred. Beyond proving that, which is usually not an issue, there are several other steps that can become quite complicated, particularly in relation to deaths that occur at work.

Qualifying for SSD benefits for mental conditions

Many of our readers in Ohio know that Social Security Disability benefits are available for people who are no longer able to work due to debilitating illnesses or injuries. However, some people are not aware that these same benefits could be available to those who suffer from mental conditions - not just physical health conditions.

But, the reality is that it is often much harder to qualify for SSD benefits based solely on a mental health condition. Unlike physical health conditions that are caused by injuries or illnesses, there is often no physical manifestation of a mental health condition that allows for a complete verification of the condition. A mental health condition must cause extreme limitations to a person's mental function for them to be approved for SSD benefits, and there must typically be a well-documented history of the mental health condition.

Your workers' comp claim came back denied, so what's next?

If you suffered an injury in the workplace, this is much more than just an inconvenience for you. You could be suffering from painful injuries that prevent you from working as well as financial harm. Work-related injuries can be both painful and expensive, leaving you unable to work for an extended amount of time. 

Injured workers have the right to pursue workers' compensation benefits through their employer's insurance coverage. The intent of this insurance is to provide you with coverage of your medical needs, compensate you for any loss of income and provide other types of support. If you filed a claim, it can be devastating to learn that your claim came back denied.

Understanding the definition of disability

Most of our readers in Ohio know that Social Security Disability benefits may be available for workers who, usually through illness or injury, are no longer able to work. However, there is much more to it than that. For starters, our readers should know what the definition of a disability is, according to the Social Security Administration.

As a recent news article noted, disability means a health condition that is expected to last 12 months or longer or result in the person's death, and which renders the person unable to maintain gainful employment. Taken together, these factors can become difficult to prove in an initial application to receive SSD benefits. In fact, that is why so many initial applications are denied.

Workplace accidents leave can employees in a financial bind

In Ohio, there are thousands of workers who are employed in areas which might be considered to be "high risk." For example, construction and manufacturing workers may be at a higher risk for suffering an on-the-job injury, as might those who travel extensively in their jobs, such as truck drivers. When workers are injured on the job they can face significant financial hurdles, sometimes lasting weeks, months or even years.

Lawmakers weigh workers' comp coverage for PTSD

You are on the front lines. When everyone else goes out, you go in. When everyone else goes down, you go up. When someone is in trouble, you are the first to arrive, willing to sacrifice whatever it takes to protect another life, even if it means placing your own body between someone else and mortal danger.

As a first responder -- police officer, firefighter, emergency medical technician or other public safety employee -- you have experienced traumatic events throughout your career. No matter how long you work in the field or how often you respond to an accident, fire, domestic abuse call or other disaster, you do not get used to the often gruesome and tragic things you witness. It takes a toll, and you may be experiencing symptoms for which you wish you could seek help. However, does your workers' comp cover this?

SSD benefits for adults disabled before the age of 22

When a child is diagnosed with a disability before the age of 22 and that child qualifies for Social Security Disability benefits, the payments are made to the parent. The Social Security Administration considers those payments as a child's benefits and the earnings are added to the parent's records.

According to the SSA's rules, an adult child must be unmarried, older than the age of 18, have a disability that was diagnosed before the age of 22 and must also meet the eligibility criteria for disabled adults in order to receive SSD benefits under the child's benefit umbrella.

Ohio Supreme Court rules in favor of injured worker

The success of a workers' compensation claim depends largely on the evaluation of the injury or disability made by doctors. As a result, it is common for the Ohio Bureau of Workers' Compensation to either deny a workers' compensation claim completely or award a compensation amount that is much less than adequate for the injury suffered by a worker based on those medical evaluations. However, a recent ruling by the Supreme Court of Ohio may be of interest to many workers in and around Columbus.

In 2002, a maintenance worker suffered a back injury while on the job. The BWC allowed his claims for several spinal and psychological conditions and he received temporary total disability compensation until 2015. That same year, the worker applied for permanent total disability compensation. As part of the claim submission process, he underwent several physical and psychological evaluations with his treating doctor, who concluded that the injured worker's condition could be termed as "without any present indication of recovery" and that the disabilities prevented him from engaging in "any gainful employment."

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Philip J. Fulton Law OfficeRepresenting Victims Of Workplace Injuries And Disability

89 East Nationwide Boulevard
Suite 300
Columbus, OH 43215

Toll Free: 866-552-6353
Phone: 614-929-3126
Fax: 614-224-3933
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