Philip J. Fulton

Wrongful death of loved one at work could be due to negligence

On behalf of Philip J. Fulton Law Office posted in Wrongful Death on Friday, January 18, 2019.

For many, going to work is a chore, not a joy. Making ends meet for yourself and your family is top priority for those who are a main bread-winner for a family. It's true that supporting your family financially is a very important way in which to support the family unit. For those who have lost a loved one and bread-winner in a fatal work accident, it can be unimaginable to think of life without them.

There is, first and foremost, the emotional loss. With a death as sudden as a work accident can be, a family's world can be turned upside-down in an instant. From the moment a person receives the phone call notifying a person of the accident, to the days and weeks following the loss, it can be a surreal blur. The truth is, the work accident that ended your loved one's life, could have been due to another's negligence.

Are you employed in a high-risk occupation? Know your rights.

On behalf of Philip J. Fulton Law Office on Tuesday, January 15, 2019.

When you go to work every day, you are probably thinking about the things you have to do or the requirements you have to meet. You may be thinking about deadlines, your lunch break and many other things – but you are probably not thinking about the likelihood of being involved in a workplace accident. In reality, though, there are many Ohio workers that face this risk each time they clock in.

If you work in a high-risk occupation, it could be beneficial for you to know your rights in the event of a workplace accident. You could have a rightful claim to financial support through workers' compensation benefits in the event that you suffer an injury or get sick as a result of your job. It is prudent to know what steps to take and what type of benefits you could receive.

Occupational disease could be caused by silica dust

On behalf of Philip J. Fulton Law Office posted in Workers' Compensation on Thursday, January 10, 2019.

Every worker has the right to a safe and healthy work environment. However, for some industrial and construction workers, the work environment is inherently more dangerous because of the nature of the work. While the employer is required to take precautionary steps in workplace safety, exposure isn't always successfully avoided by the employee. Occupational diseases could be the result of exposure to silica dust.

So what is silica dust and where could a person have been exposed to it? Silica dust is commonly found in industries like mining, manufacturing and construction. Silica dust affects a person when it enters the lungs and can cause a variety of illnesses. Most commonly, silicosis, which is scarring of lung tissue, lung cancer, bronchitis and tuberculosis can all manifest after repeated exposures to silica dust.

Spine injury can qualify injured for SSD benefits

On behalf of Philip J. Fulton Law Office posted in Social Security Disability Benefits for Physical Disability on Thursday, January 3, 2019.

If a person has suffered from a life-changing injury or illness, it can affect so many aspects of their life. Obviously health and wellness can suffer greatly. If a person suffers from a debilitating injury or illness in which their spine is affected and it lasts a year or more, seeking Social Security Disability Benefits for Physical Disability could be the next move to make. This can be especially important when a person has unpaid bills and needs to make ends meet financially.

No-one wants to suffer a life-altering injury or illness, especially to a crucial body part like the spine. Spine injuries can result in permanent disability in terms of functions and abilities. It can also cause chronic pain and can also make the average day much more difficult in comparison to times when a person did not suffer from a spine injury. Here's the first step to seeking disability benefits if you have suffered a spine injury and are no longer able to work.

Worker fatalities decreasing, but not workplace accidents

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

The most recent reporting of Ohio worker accidents and fatalities showed some improvement in 2017 with fewer fatal work accidents in the private sector in 2017. However, this is a small victory as any worker fatality is one too many. The deaths still trump workers deaths in 2015, worker fatalities have steadily increased otherwise in the private sector since 2012. These numbers are reported on by the Bureau of Labor Statistics (BLS).

But, the BLS is able to dig deeper into these numbers to discover more patterns. For example, certain industries declined significantly in terms of fatalities, workplace injuries and others rose dramatically. For example, construction worker fatalities were actually up, which is in contradiction to overall workplace deaths, which were less. To break it down further, jobs like roofers' had higher 2017 fatal-accident rate was 45.2 and the rate for structural iron and steel workers was 33.4.

Do you know what you need to file for disability benefits?

On behalf of Philip J. Fulton Law Office on Thursday, December 20, 2018.

When you are struggling with a medical condition that prevents you from working, it is much more than an inconvenience. Your mental or physical state affects virtually every area of your life, including your financial well-being. When you are no longer able to work because of your health, you could be eligible for certain types of financial support.

Through the Social Security Administration, you could be eligible for disability benefits. This means that you could have a rightful claim to this specific type of financial support if you have a qualifying condition. However, there is more to this process than simply having a medical condition. There are certain steps you have to take in order to successfully apply for and obtain what you need.

Protecting Ohio workers from injuries related to cold stress

On behalf of Philip J. Fulton Law Office on Wednesday, December 19, 2018.

If your job requires you to be outside working in the elements, you understand how long and cold Ohio winters can be. Changes in the seasons do not necessarily mean changes in your job requirements, and it can be particularly important to know how to stay warm and safe during the winter months. There are things that employers can do to help you avoid injuries and complications from cold stress.

Cold stress can happen when workers are outside in cold or freezing temperatures, especially in weather exacerbated by wind chill and other factors. Cold stress can lead to various medical issues, and employers should know what the wind chill is and how to protect the health of outdoor workers. They should be as safe as reasonably possible while working in extreme conditions.

Qualifying for SSD/SSI benefits a top priority for sick, disabled

On behalf of Philip J. Fulton Law Office posted in Qualifying for SSD/SSI Benefits on Friday, December 14, 2018.

If you were unable to make a living, how would you pay for your basic necessities? Everyday living expenses like rent, food and medical care are increasingly more expensive and thus, those who are unable to work find it increasingly difficult to bridge the gap. One program that can help those who are disabled or ill is if qualify for SSD/SSI benefits. To qualify, one must first apply.

However, not just any smattering of facts on an SSD benefits application will do. There are many requirements of the application process, sometimes it includes more than just an interview, including an in-person assessment. Having access to medical records, like dates, diagnosis and other facts, can help for a person to prove their own or a loved one's case about long-term disability. Keep in mind, a long-term disability is determined as one that disallows a person from working for a year or longer.

Disabled veterans to get SSD benefits raise in 2019

On behalf of Philip J. Fulton Law Office posted in Social Security Disability on Thursday, December 6, 2018.

As we begin to wrap up 2018, we start to look towards the New Year and what's next. Every year the Social Security Administration or SSA reexamines the amounts paid to Social Security Disability recipients to determine if the numbers are accurate. Accuracy is based on cost of living, among other factors. In 2019, veterans receiving SSD benefits are going to see a raise in their disability benefits.

Historically, the raise is the largest that disabled veterans have seen since 2012. Veterans are determined a disability rating. The higher the percentage, the more deemed disabled are the SSD beneficiaries and the higher the amount awarded. Veterans with the highest ratings of 100 percent will see nearly a $100 jump in disability pay each month starting in 2019, the largest increase in disability benefits since 2012.

How one proves wrongful death after loved one's work fatality?

On behalf of Philip J. Fulton Law Office posted in Wrongful Death on Thursday, November 29, 2018.

Losing a loved one tops the list in terms of a person's worst fears. Some unlucky family's fears are confirmed when they get word that their loved one was killed in a fatal accident. How can these things possibly happen? If the fatality happened at work, it could have more to it than a simple work accident - there could be negligence involved.

If negligence contributed or caused a fatal workplace accident, more than workers' compensation could be appropriate. To initiate a wrongful death suit, one will need to prove the following to get a favorable determination. First, the death of a human being must be caused by another's negligence. Next, because of this loss, the surviving family members are suffering and will continue to suffer monetary hardship. Finally, there must also be a personal representative named for any damages awarded.