Philip J. Fulton

Returning to your job after a workers' compensation incident

On behalf of Philip J. Fulton Law Office on Tuesday, November 13, 2018.

A work accident can leave you physically injured and facing financial losses that you may not be able to manage on your own. Through a workers' compensation claim, you can secure benefits that will cover a portion of your lost wages and other financial needs you have. However, for many Ohio workers, they may not be able to return to the same job they had before their injury.

It is possible for your injury and its effects are such that you will be unable to meet the demands of the job you had at the time of your accident. This can be overwhelming, but there are options available to you. Through workers' compensation, you may be able to seek help with finding new employment and reentering the workforce.

Overview of construction accidents and injuries

On behalf of Philip J. Fulton Law Office posted in workplace injuries on Friday, November 9, 2018.

Thousands work in the construction sector but not all know the risks or characteristics of the injury that they work in. Often, only after workplace injuries occur, does a worker and their family find out just how dangerous construction accidents and injuries can be. Statistically, construction workers face higher instances of nonfatal injury at work than does the average worker. This means that significant injuries can result and further consequences for the worker.

Because there are so many injuries that can and do befall construction workers, workers compensation claims are fairly common and frequent. For example, in the years between 2005-2007, OSHA totaled the average workers' compensation claims costs for a fall related injury was about $50,383. In comparison, there trades who were injured construction industry, such as roofers and carpenters, the average workers compensation claim was high for carpenters, the average cost was $97,169 and for roofers the average cost was $106,648.

Common risks faced by manufacturing employees

On behalf of Philip J. Fulton Law Office on Tuesday, November 6, 2018.

Some Ohio workers face a higher risk of on-the-job injury because they work in inherently risky jobs. Working in a high-risk occupation, however, does not mean that you do not have the right to a reasonably safe workplace and the training necessary to stay as safe as possible. This is also true for those who work in the manufacturing industry.

Those who work in manufacturing facilities typically have to perform duties around large machinery and equipment that can be dangerous. As someone who works in a high-risk occupation, it may be helpful for you to learn about the most common hazards found in these types of workplaces and how you can keep yourself safe. You may also need to know what to do in case of a workplace accident.

Mental medical conditions can qualify a person for SSD benefits

On behalf of Philip J. Fulton Law Office posted in Social Security Disability Benefits for Mental Conditions on Wednesday, October 31, 2018.

Mental health is equally as important as physical health. That's why if a mental health condition prevents a person from working they could be a candidate to receive Social Security Disability benefits.

Mental illness can mean mental conditions or emotional illness. Just a few common ailments that those who receive Social Security Disability benefits for mental conditions include depression, schizophrenia and anxiety attacks. These are diagnosable medical conditions and have real implications for those who suffer from them, and other mental conditions. It can make it very difficult or impossible to work when suffering from these conditions and under the weight of the symptoms.

Ohio amusement park cited after employee fell in work accident

On behalf of Philip J. Fulton Law Office posted in workplace injuries on Thursday, October 25, 2018.

When kids or adults alike think of amusement parks, lots of good memories and good times usually come to their mind. However, for one Ohio employee who worked at an amusement park, this may no longer be the case. After a work accident at an Ohio amusement park, an employee was injured in what OSHA determined a 'preventable' fall. Here's what happened.

The employee was part of a three-person crew working on a skylight within the park. They were removing insulating blankets that covered the roof when the fall occurred. The specific citations from OSHA, after investigation the work accident, claim that the scenario the employees were working in required fall protection systems when employees work at elevated heights, or near floor and wall openings. While the worker's injuries were not elaborated, on, you can imagine what a fall from that height could mean for a person's health.

Is occupational hearing loss really a significant risk for you?

On behalf of Philip J. Fulton Law Office on Sunday, October 21, 2018.

Depending on the nature of your job, you may face various risks every time you show up for work. From chemical exposure to the chance of an accident on the job, work hazards may pose a serious threat to your health and well-being. Other factors may be threatening your safety as well, such as damage to your hearing.

Occupational hearing loss happens when a person suffers partial or complete hearing loss because of job-related factors. You may think this could never happen to you, but it might be more common than you think. It can be helpful for you to learn more about this hazard and how you can protect your interests in case of a workplace injury.

Time limits for wrongful death suits in fatal workplace accident

On behalf of Philip J. Fulton Law Office posted in Wrongful Death on Thursday, October 18, 2018.

When a person's worst fear is realized, and for many that's the sudden loss of a loved one, it can leave a person reeling. There are many ways in which this can happen, many of them being natural, but there are some unnatural or odd instances that can stack up in lieu of a person's untimely death in the workplace. For construction workers, and other physical laborers, their risk of injury or death at work is higher than for those that work office jobs. If your loved one suffered a fatality at work, there is a time limit in which to bring charges of negligence.

Alleging negligence on behalf of an employer or related third-party on a job site isn't appropriate in every situation, but for some it is absolutely necessary. The 'discovery rule' in wrongful death suits may be applied in wrongful death actions to determine whether the decedent knew or should have known of the cause of his illness or injury before his death, so as to start the running of the limitations period in the wrongful death action before the decedent's death. For accidents in which a sudden injury leads to death, this isn't as relevant.

Evaluation process to qualify for SSD/SSI benefits

On behalf of Philip J. Fulton Law Office posted in Qualifying for SSD/SSI Benefits on Thursday, October 11, 2018.

Everyone, at some point in their life, has a moment when their body fails them. For some, this happens sooner in life, rather than later. This can pose a real crisis for those that have many years left in their life, how does one provide for themselves when they have a disability? If you have contributed taxable wages over your lifetime, you could be eligible for government-backed programs like Social Security Disability and/or Supplemental Security Income.

An important thing to note is what the Social Security Administration, or SSA, considers the definition of disabled to be. These criteria must be met in order to meet the minimum disability requirements. One cannot perform the work that you did prior to your medical condition, one cannot do other types of work because of your medical condition and, lastly, a disability has lasted for a continuous period of at least 12 months, or is expected to result in death. Total disability is the only type covered by SSD and is an important component if seeking to qualify for SSD/SSI benefits.

The financial implications for a worker's family after fatality

On behalf of Philip J. Fulton Law Office posted in Wrongful Death on Thursday, October 4, 2018.

When your loved one left for work in the morning, you never dreamed that he or she wouldn't return. The truth is that workers die at work and it can happen for a variety of reasons. While the crushing grief can engulf a family, there are many other aspects of a family's life that can change drastically after suddenly losing a loved one. One of those aspects is financial health.

While you or a friend may have lost a very important person in your lives, be it a mother, brother, father or son, the list goes on. When reality sets in, loved ones often realize they are missing more than a loved one. They are missing a financial component in their lives that they greatly depended on. This financial crippling can have long-lasting implications.

Ohio golf course cited after workplace injury incident

On behalf of Philip J. Fulton Law Office posted in workplace injuries on Thursday, September 27, 2018.

Workplace injuries can happen anywhere. OSHA, or the U.S. Department of Labor's Occupational Safety and Health Administration, has cited an Ohio golf course for failing to adhere to policy in lieu of a worker's work injury incident. After a full investigation, OSHA cited the golf course on several worker safety violations. The citations were for actions or inactions, taken before or after the worker's injury incident.

The day of the accident, the worker was mowing the lawn on the property when the lawn mower turned over on a steep embankment and he was injured. The inspectors from OSHA claim that OSHA inspectors the golf course did not have a roll bar installed on the mower, exposed workers to chemical hazards and failed to develop and implement an emergency action plan. Additionally, it was determined that found that the golf course failed to maintain accurate injury and illness records. In addition, it was alleged that the injury was not reported as required.