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Columbus Injured Worker Legal Blog

What damages are available in a wrongful death claim?

Our readers may have seen a previous post here that discussed the basic elements of a wrongful death claim. Proving damages is one of the essential elements of such a claim. But, what damages are available when Ohio residents are successful in pursuing a wrongful death claim?

Well, for starters, the financial impact of the death of the loved one in question is the most substantial part of the damages that are sought in a wrongful death lawsuit. The biggest part of this type of damage is typically how much the deceased person would have earned in income if not for the untimely death. This can result in a somewhat complicated formula for determining the recoverable amount, which will usually include an analysis of the deceased person's age, earning capacity, and the person's life expectancy if not for the untimely death. In essence, the biggest portion of the damages sought is what the deceased person would have earned and contributed to the family's financial stability over the course of an expected lifetime.

SSD benefits available for those with mental health conditions

Our readers in Ohio who are familiar with previous posts here know that Social Security Disability benefits are available for those with physical and mental health conditions alike. However, mental conditions are sometimes harder to diagnose and treat than physical conditions are, as there is sometimes no observable "problem" to "solve" with a person who suffers from a mental health condition.

But, just like physical health conditions, an individual who suffers from a mental health condition that impairs his or her ability to work and is expected to last for 12 months or longer may be eligible to receive SSD benefits. The mental health conditions that may qualify an Ohio resident to receive SSD benefits include schizophrenia; post-traumatic stress disorder, commonly known as "PTSD"; severe depression or anxiety; and bipolar disorder, among others.

Disability hearings: Do you know what to expect for yours?

When you can't work, it can cause financial suffering for your whole family. You need an income to pay for medical needs, groceries, rent and other daily needs. When you aren't able to maintain gainful income, you know how important it is to secure disability benefits through the Social Security Administration. You may also know how disappointing it is to learn that your claim came back denied.

Denied claims are unfortunately common. Many initial claims come back denied, but that does not mean that it is the end of the road for you. You may have grounds to move forward with the appeals process. There are certain steps you can take that will allow you to continue your pursuit of the benefits you need to support yourself and your Ohio family. 

It's time to start thinking about work safety and holidays

It's only the beginning of the fall season, but evidence of the fast-approaching holiday season are everywhere. In some Ohio retail stores, Christmas decorations are already out even though Halloween is still a few weeks away. Like it or not, the busyness of the end of the year will be here soon, which means it's time to start thinking about workplace safety during the holidays.

In many different types of jobs, the Christmas season represents an increase in clients, transactions and job requests. This means more people are working more hours and doing more tasks. It may also mean that people are more likely to experience a workplace injury. There are things that Ohio employers can do now to prepare for this time of year and reduce the chance of an accident.

The right approach to obtaining workers' compensation benefits

Workplace accidents that lead to injuries are, unfortunately, quite common. There are, of course, certain areas of work in which it is more common for workplace accidents to occur, such as in the construction and industrial areas, but the fact is that workplace injuries can occur in many areas of employment. Workers can fall, have something fall on them, be injured by machinery, or even suffer injuries due to repetitive motions, among many other scenarios. When workers in Ohio suffer injuries and need to miss work as a result, they may be eligible to receive workers' compensation benefits.

However, most people go their entire career without being injured and, as a result, when an on-the-job injury does occur they don't know their options. The process for obtaining workers' compensation benefits wasn't specifically designed to be difficult, but, unfortunately, it can be. As a result, injured workers often find that they need additional information about how to go about being approved to receive workers' compensation benefits.

How a TBI can prevent you for working and earning an income

Our readers in Ohio have probably heard of "TBIs:" traumatic brain injuries. These types of serious injuries are, unfortunately, incredibly common, as each year hundreds of Americans suffer injuries at work, in car accidents, and in many other types of incidents. A TBI, however, is probably one of the most serious injuries that a person can suffer because it impacts the most important part of a person's body: the brain.

Although classified as "traumatic," TBIs can occur in a range of severity. For example, a "mild" TBI may result in symptoms like headaches, difficulty sleeping, and even occasional loss of consciousness. More "severe" TBIs can lead to symptoms like seizures, convulsions, cognitive confusion, or a coma. Any type of blow to the head is therefore a cause for concern.

The basics about Social Security Disability benefits

Each year thousands of people in America apply to be approved to receive Social Security Disability benefits. But, as a recent article noted, the majority of those applications are denied. However, that should not dissuade workers in Ohio who believe they have lost the ability to work due to a physical or mental disability. With the right information and the right approach, an Ohio resident's application for SSD benefits may indeed be approved.

The recent article noted that there are some basics about applying for SSD benefits that any given person who may be applying for benefits should understand. To start, understand the basic eligibility standards. Perhaps the most important eligibility requirement to understand is the definition of "disability" as stated by the Social Security Administration. A "disability," according to the SSA, is a physical or mental health condition that is expected to last for 12 months or more, or lead to the applicant's death. That health condition must also prevent the person from working in their usual job, or any other "gainful" employment.

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.

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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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