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Workers' Compensation Archives

Firefighters Remember Construction Accident

Three firefighters remember vividly the day their lives changed. Firefighters daily respond to reports of possible gas leaks at various locations, and October 31, 2008 began no differently than any other. Everything changed for the three firefighters when a construction worker entered the Hilltop fire station. He had suspected that a gas pipe had been punctured at the construction site he was working on.

Injured Employees Must be Compensated for Earnings from Second Job

In today's economy, many people have more than one job. So if an employee is injured at one job to the extent that he or she is unable to work at the other, it seems unfair - and financially damaging - to only receive workers' compensation for one job's wages.

Workers Prevented From Suing Employers in Most Cases, Part 2

In our last post, we discussed the general idea of employees suing employers for intentional torts under a common law exception to the immunity an employer receives in the workers' compensation system. In this post, we will discuss the Ohio Supreme Court opinions from earlier this year that seem to help narrow that exception.

Injured Workers Prevented From Suing Employers in Most Cases

In Ohio, injured workers receive compensation from the state's Bureau of Worker's Compensation when they are injured in a work-related accident. This mechanism exists to provide a workable system that compensates workers for the injuries they suffer in service to their employer and protects employers from facing the prospect of a lawsuit each time an employee is hurt.

OSHA Fines US Postal Service Center in Dayton, Ohio

The Occupational Safety and Health Administration (OSHA) recently cited a U.S. Postal Service processing center in Dayton for various willful and serious safety violations. As a result of the citations, the facility faces a total of $225,000 in fines and must correct the safety violations. At this time, there have not been any specific reports of serious injuries, deaths, or workers' compensation claims, but there have reportedly been safety-related complaints from a number of employees.
 
The terms "willful violation" and "serious violation" have specific meanings in the context of this particular investigation. According to OSHA, a "willful" violation is committed with the employer's intentional, knowing, or voluntary disregard for legal requirements or plain indifference to the safety and health of employees. On the other hand, a "serious violation" is one in which death or serious physical harm can result from a danger that the employer knew about or should have known about.

OSHA and BWC Investigate Fatal Bear Mauling in Northern Ohio

The Occupational Safety and Health Administration (OSHA) is investigating the possible wrongful death of a 24-year-old man who was killed while feeding a black bear at an exotic animal farm. On August 19, Brent Kandra was mauled by the bear at a compound owned by Sam Mazzola and known as Wildlife Adventures of Ohio. He was transported by helicopter to MetroHealth Medical Center in Cleveland but was later pronounced dead.

Factory Worker Seriously Injured in Workplace Explosion

Employees working in industrial or construction settings are especially susceptible to serious workplace injuries. These environments often have extremely large and complicated machines that can cause catastrophic injuries when they malfunction or when proper safety procedures or maintenance procedures are not followed.

Employee Engaging in Horseplay Might Still Recover Benefits

An interesting Ohio Court of Appeals decision from earlier this year addressed the issue of horseplay at work and whether the resulting injuries are compensable by workers' compensation. While horseplay generally may constitute a bar on receiving workers' compensation, the Court of Appeals in Kelley v. Ryan and Coca-Cola Enterprises, found that the employee was still entitled to benefits.

Ohio Employee Fired for Conduct can still Receive Disability Benefits

In State of Ohio ex rel. State University Cancer Research Hospital vs. Industrial Commission of Ohio, an Ohio appeals court ruled that a worker could continue to receive workers compensation benefits, even though he had recently fired following sexual harassment accusations.

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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
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