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Columbus Injured Worker Legal Blog

Social Security Disability benefits for amputations

Some injuries of the musculoskeletal system are so severe that the only way left for doctors to save the victim is to amputate an affected limb. Needless to say, leading a normal life becomes a daily challenge for both amputees and their family members. Fortunately, Social Security Disability benefits are available for those who have had amputations, provided the claimant meets the eligibility criteria listed in the section related to Disability Evaluation for the Musculoskeletal System in the Social Security Administration's Blue Book. The Blue Book separates amputations into four categories. The claimant must fall into at least one of these four categories of amputations in order to be eligible for SSD benefits.

The first qualifying condition is when both hands of a claimant have been amputated. The second qualifying condition states that an amputee is eligible if one or both legs are amputated at or above the ankle. In addition, that claimant should be experiencing difficulties in movement for a period of at least 12 months. Third, a claimant will also be eligible if one or both hands are amputated at or above the wrist. The rules for the ability to move remain the same as in the previous case. The fourth type of amputation for which benefits are available pertain to the total amputation of a lower limb, also known as "hip disarticulation," or the amputation of one half of the pelvis and also the leg on that side of the body, also known as "hemipelvectomy."

Working in confined spaces could risk your health and your life

Many occupations come with certain hazards, and entering into confined spaces may be one associated with your work. If so, you may already know that every time you enter into one, you risk your health and your life.

It may not surprise you to know that a certain number of people die each year in confined spaces. Improper procedures and inadequate training are at the top of the list of reasons for these deaths, which make them entirely preventable. This happens despite enforcement efforts by the Occupational Safety and Health Administration.

Your employer should protect you from respiratory dangers

The law requires employers to provide workers a safe environment. Depending on the industry you work in, that could require a significant amount of precautions. Do you work in an industry that exposes you to airborne hazards or areas with limited oxygen? Then, your employer must provide for your safety.

Respiratory illness and ailments happen far more often than you might realize. The dust, vapors and other particulates you could breathe in can cause significant damage to your lungs and other parts of your body without the proper protections.

Deeming parental income in SSI cases for children

Most people in Columbus know about the benefits that are offered by the Social Security Administration. These benefits include the Social Security Disability Insurance program and the Supplemental Security Income program. For SSDI, a prospective beneficiary is required to have worked and contributed to the system in return for benefits. SSI, however, is a need-based program and there is no work requirement.

According to the SSA, a child can receive benefits if they are disabled or blind, unmarried, under 18, or under 22 if they are a regular school attendee. The child can be an SSI beneficiary from the time of birth and their eligibility can continue until they are 18. When that child reaches 18 years of age, the SSA will evaluate the disabilities based on guidelines that apply to adult benefit recipients. For a child who is blind, benefits are awarded per the guidelines that apply to adult SSI recipients receiving benefits for blindness.

Immediate course of action after a workplace accident

There are some occupations that are categorized as high-risk, while others are categorized as low-risk. However, there doesn't seem to be an occupation that can be categorized as no-risk. This means, irrespective of occupation, every individual needs to be prepared for an unforeseen workplace accident and to be aware of their rights when a workplace accident occurs. The Ohio Bureau of Workers' Compensation provides certain pointers for that purpose.

According to the BWC, the first step after a workplace accident is to inform the employer of the accident and the resulting injury. An accident report is prepared by the injured worker and a copy of the document is given to the injured worker. The report may need to be submitted to the Managed Care Organization at the time of availing treatment or to the BWC at the time the workers' compensation claim is filed.

Don't let the SSD claim process overwhelm you

For many elderly and disabled people in Columbus and the rest of the country, Social Security disability benefits are a critical source of income. However, when it comes to claiming SSD benefits, it is common for many applicants to be overwhelmed. Matters can become more difficult if a claim is filed only to be rejected by the SSA.

As a first step in the claim process, the applicant needs to find out whether the disability is question is eligible for SSD benefits. After confirming eligibility, the next step is to file the claim. Typically, there are two stages in a successful claim: the initial application where the applicant submits medical evidence and other documentation and the final stage where the SSA determines if the claim will be allowed. However, if the SSA identifies irregularities in the application, the claim will be rejected.

Window washer suffers serious injuries after 80-foot fall

There are some jobs that are so mundane that people tend to forget the risks associated with them. For example, in cities across the country, it is common to see a worker sitting on a boatswain chair, hanging by the side of a building, cleaning the windows. Most people forget the various risks associated with this job, until an accident occurs and forces people to sit up and take note.

An incident like this recently occurred in Franklin County. According to news reports, a window washer was seriously injured after suffering an 80-foot fall in Grandview Yard. The victim was rushed to the Ohio State University's Wexner Medical Center. Police said the worker fell from as high as four stories.

You should know what to expect from the workers' comp process

You know that injured workers have the right to seek certain types of benefits and support after an accident. If you suffered an injury in a workplace incident or you became ill as a result of your job requirements, you have the right to move forward with a claim with your Ohio employer's insurance. What you may not know, however, is exactly what to expect from the claims process.

It can help to learn about what to do if you need to file a claim and what is involved with the process. This preparation can save you time if you find yourself in a position where you need financial support in a timely manner. This can also help you protect your rights and fight for the full amount of benefits you deserve.

Wrongful death claims: Eligible claimants and available damages

The loss of a loved one is always difficult to cope with. Matters can get worse if that death is due to the negligence of someone else. In those cases, the kin of the deceased not only have to deal with the emotional loss but also the financial loss that accompany an unforeseen death. Fortunately, there are provisions in Ohio law that allow a person's family to claim compensation for the death.

The law in Ohio defines wrongful death as the loss of life due to someone else's wrongful action, neglect or default. Usually, the family members of the deceased are entitled to file a wrongful death lawsuit to claim damages by establishing the financial and emotional losses suffered as a result of the death. Based on this aspect, it can be said that a wrongful death claim is very similar to a personal injury claim.

Out-of-state workers and workers' compensation in Ohio

Nowadays, it is common for many workers to cross state borders in search of work. Most of them do so in the hope of making a better living than they can in their home state. While they may receive a better opportunity in a different state, they remain exposed to various workplace hazards, regardless of whether they are working in their home state or in another state.

Per Ohio's workers' compensation laws, out-of-state workers are eligible for workers' compensation in the event of an injury or illness if they have sufficient contacts with the state of Ohio. To determine whether a person has sufficient contacts, several factors will be considered.

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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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