Have You Been Injured at Work?

We will soon celebrate Labor Day to honor all of the workers who faced dangerous working conditions centuries ago, but many employees still face illegal risks every day.

Despite legal protections and federal laws in place, many current employees still suffer from unsafe workplaces.

The Occupational Safety and Health Act was passed in 1970 to prevent workers from being injured at work. Every employee, no matter what industry you are in, is entitled to a safe work environment where your long-term health is protected on a daily basis.

In addition to this federal law, Ohio Bureau of Worker’s Compensation defines clearly what each Ohio employee is entitled to and what every Ohio business must provide for their workers.

Whether you are in the construction, manufacturing or trade industry, daily exposures to new threats can cause severe injury.

We are here to protect your legal rights and to also help you get all of the support you need after suffering an injury on the job.

Successful Outcome in Automobile Accident

Last week we were able to finally resolve an automobile injury case that had been litigated for a number of years.

We had to spend a large amount of time and expense to prove that our client was not at fault for the accident and that she had legitimate injuries related to the accident.

The insurance adjuster on this case was very difficult and unreasonable in accessing responsibility, and made everyone (including insurance defense counsel) jump through many many hoops to get this case done.

Very happy for the client here.

Safe Summer Employment Tips for Your Teen

Your college kids are home for the summer and it’s time to fill those days and nights with a summer job!

We have represented too many clients who have suffered work-place injuries, and have found the best list of over 25 safety-approved jobs for your teen.

Whether their goal is to work indoors or outdoors, full-time or part-time, the most important thing is keeping them busy (and thus giving them less time to get into trouble).

When looking for new jobs, it’s important for parents to be aware of The Fair Labor Standards Act, which “contains rules concerning the employment of young workers, those under the age of 18, and is administered and intended to protect the health and well-being of youth in America. The FLSA contains minimum age restrictions for employment, restrictions on the times of day youth may work, and the jobs they may perform.'‘

For any concerns about workplace safety or injuries that have occurred, contact our office.

Have You Been Compensated for Your Workplace Accident?

If you are employed in any industry, but especially one that includes physical labor, you are entitled to safe workplace conditions.

The Bureau of Labor Statistics found that 5,147 workers were killed on the job in 2017.

Common, everyday accidents can be avoided if The Occupational Safety and Health Administration standards are followed.

The following were the top 10 most frequent safety violations found by OSHA:

• Fall protection, construction

• Hazard communication standard

• Scaffolding, construction

• Respiratory protection

• Control of hazardous energy

• Ladders, construction

• Powered industrial trucks

• Fall Protection–Training Requirements

• Machinery and Machine Guarding

• Eye and Face Protection

If you have been injured on the job, or believe you face unsafe work conditions, let us help ensure your safety and protection and contact us today.

Is Your Workplace Safe?

A dangerous work environment can often go overlooked.

Don't let a workplace injury cost you time and money. We have the background and knowledge to understand all that you are entitled to after facing an injury on the job. 

Many employers are quick to place fault on the employee, making you responsible for costly medical bills and lost wages. Don't become a victim of an unsafe, and illegal workplace.

Let us work for you and ensure your employers provide the safest work environment to avoid any and all injuries. Contact us today.

Will Explosion at Crocker Park Bring Lawsuit?

The unexpected and shocking propane tank explosion at Crocker Park last month left many questioning why and how it all happened. 

When speaking to Channel 3 News, Scott Allen, a spokesperson for the federal Occupational Safety and Health Administration, stated that a propane tank exploding on a construction site is, “absolutely not typical.”

Allen said an OSHA inspector was on scene to investigate not just what happened to cause the blast, and determine the responsible parties, but also to uncover any additional OSHA violations at the job site.

“What we’re going to do is try to find out if the employer was following all OSHA standards and regulations, and try to determine how this doesn’t happen again. Honestly, these things can be prevented if all standards and regulations are followed,” Allen explained. 

This incident is just one of many that illustrates the dangers that can occur if employers do not follow or maintain safe practices. It is important as an employee to know your rights, especially when accidents like this occur.

We are proud to offer the depth of knowledge and experience to be ready to assist you and to work with you to uncover legal action that can be taken to protect you and ensure a safe workplace. 

Black friday shopping means discounts and greater risk for personal injury

It is no secret that the day after Thanksgiving is the ultimate shopping day of the year, but many aren’t aware that with increased customers, comes a significant risk for personal injury.

With Black Friday comes a significant risk for personal injury.

According to the National Retail Federation, last year's Black Friday attracted more than 90 million shoppers. CNN featured a report on Black Friday’s liability risk for stores and stated, “if you are on someone's property for the purpose of spending money, courts will hold the landowner to the highest applicable standard of care.”

The Occupational Safety and Health Administration has even gone so far as to prepare guidelines for retailers to ensure the safety of staff and customers during the holiday shopping season.

Whether you are a store owner, an employee, or a future customer planning to face the crowds on the busiest shopping day of the year, it is important to make every effort to avoid damages to your staff, to your customers and to yourself.

July 4th Brings Fireworks and Risks of Personal Injury

On average, 230 people go to the emergency room every day during the month of July from fireworks injuries.

Westlake recently suffered a significant set back during their fireworks display at Liberty Fest, in which fireworks bounced off the roof of a Crocker Park building and injured nine people attending the public display. Westlake Mayor Dennis Clough, who attended the celebration, said the injuries were mostly ember burns and bruises.

While the cause was believed to be a product defect, a personal injury lawsuit could be filed if the company, American Fireworks, was found to be negligent. There are two areas of liability to examine when looking at fireworks claims and lawsuits. One is products liability and the other is the liability on the part of the person who ignited the fireworks.

The Consumer Product Safety Commission reported that last year, more than 10,000 people were injured in fireworks-related incidents. It is always wise to understand the risks involved when personally igniting, or watching a public fireworks display.

What every business owner needs to know about premises liability

What is premises liability and why is it important to every business owner?

Many are familiar with personal injuries, but the term premises liability remains a mystery. A recent article in Forbes details circumstances that could lead to a premises liability lawsuit, and the steps to take to avoid one.

Even as a renter, your business is liable and the burden will not fall solely on the landlord in a lawsuit. The importance of protecting your workplace and your business from a potential lawsuit is essential. “If an unsafe condition is discovered (or even suspected), it must be corrected immediately.

Neither you nor your employees should assume that someone else will clean up the spill, flatten the entryway mat, or clear ice and snow off the walkway. Establish clear policies and procedures so your employees know what to do when it comes to dangerous conditions.”

As an employee, you are also entitled to a safe working environment. Just as it is essential for a business owner to know their rights and the laws surrounding their business, it is also vital for an employee to understand that laws have been established and are in place to keep them safe in their workplace.

Which personal injury attorney should I hire?

question marks

The vast majority of qualified personal injury lawyers do not advertise on TV.  There are, however, a very small by noticeable group of lawyers that spend a huge amount of money advertising on TV and radio and on the pages and backs of the Yellow Pages.  There is nothing illegal or unethical (according to the rules that govern lawyers) about this type of marketing.  Nothing.  However, most lawyers in the personal injury business have decided to let their experience and reputation do the talking for them.  And many lawyers these days have opted to promote their practices through web sites and social media - which is far less costly (and arguably more dignified)  than TV, radio and the Yellow Pages.  Regardless of how you hear about a lawyer you may hire, here are the questions that we believe that you absolutely need to ask: 1.  Is the lawyer you are first talking to the same lawyer that will stay with your case till the end - including trying the case if the parties cannot settle?   Many of the faces you see on TV and in phone book ads are not the lawyers who will actually handle your case or try your case - and you should know that up front.   So ask this very important question at the very beginning of your search.  The lawyer you meet with should be the lawyer who handles all lawyer aspects of your case.

2.  Has the lawyer you are talking to actually tried a personal injury case in the last 24 months?   If the answer to this is no, then you need to ask why - and then ask specifically what type of cases this lawyer has actually tried  - and when this lawyer tried them.  Trying cases is like anything else - your skills stay tuned if you keep in the game.

3.   Has your lawyer presented cases in front of all or most of the judges in the courthouse?  Most active and experienced lawyers appear on a regular basis in front of almost all of the judges of the local courthouses.   Each judge has his or her own particular way of doing things,  and the experienced lawyers often know these particularities well.

4.   What specific experience does the lawyer have in dealing with "subrogation" issues?   "Subrogation" issues involve legal and enforceable claims that medical providers and medical insurance companies have to any of the settlement or verdict monies that an injured person receives from the tortfeasor.  This has become an extremely complicated area of personal injury law - and the rules seem to change almost monthly.  In that regard, make sure that your personal injury law firm has experience on these issues and is staying on top of the emerging law on these issues.   Subrogation issues have serious bottom line effects on the net proceeds an injured party can obtain for the injury.

So when you talk to a lawyer you are considering hiring for your personal injury claim, ask these very important questions.

Auto Insurance in Ohio - What should I have?

insurance contract

We just processed a new case where (again) we and the client learned that the insurance available (both the tortfeasor's and the client's) to compensate our client was awfully low - leaving the client very frustrated and depressed.  This has led us to once again put together a post about the basics of automobile insurance.   Here are what we consider to be the basics: First, get the right amount of coverage.   Regardless of your income or assets, having automobile insurance coverage limits LESS than $200,000 is just plain crazy.   With the ever rising costs of medical bills (both ER bills and post-accident treatment bills),  coverage in Ohio of only $12,500 (the minimum required under Ohio law for now) might just barely cover the ER bills - leaving nothing for your pain and suffering or any further medical treatment.  The writer of this blog is the married father of 4 kids - and he has $500,000 - with a million dollar "umbrella policy on top of that (umbrella policies are something we can explain in another post).  In 2013, Ohio will raise the minimum amount of coverage that all drivers must have to $25,000 (per person) and $50,000 (per accident).   However, this is still not enough.   You might be surprised to know that increasing your insurance coverage does not mean that your premium will go up dramatically.  From what we hear, MOST of your premium covers the first $25,000 of coverage, and increases in coverage does not raise the premium proportionally.  You can also consider raising your deductible in order to get a reduction of your premium.  Most insurance brokers rarely tell you this for obvious reasons.

Second, make sure you have what is called "uninsured" and "underinsured" coverage that is at least $200,000 as well.   You would be surprised how many drivers still drive without good coverage - or without any insurance at all.    "Uninsured" insurance covers you when the tortfeasor has NO insurance.   "Underinsurance" takes over when the insurance of the tortfeasor is so low that you need your own insurance to make up the difference.

Look at your coverage now and talk to your insurance broker.  Call us if you have any other questions.  800-529-1966