Philip J. Fulton Law OfficeOhio Workers Compensation & SSD Lawyer - Representing Injured2024-03-07T08:19:02Zhttps://www.ohiocompensationlawyer.com/feed/atom/WordPress/wp-content/uploads/sites/1404088/2020/09/cropped-apple-touch-iconOLD-32x32.pngOn Behalf of Philip J. Fulton Law Officehttps://www.ohiocompensationlawyer.com/?p=550782024-03-05T08:20:17Z2024-03-07T08:19:02ZFatal Four in construction?
Falls
Falls are by far the most common causes of accidents in construction. All falls can be serious, but especially those that occur from heights. Workers have to be very careful when on scaffolding platforms and using ladders. Safety rails should always be fitted on scaffolding platforms and workers should ensure that they have three points of contact when climbing ladders.
Struck-by accidents
The most common ways that these types of incidents occur are when workers are struck by:
Vehicles
Swinging objects like cranes
Falling objects such as tools
Stuck-by accidents have the potential to cause severe head trauma and other serious injuries.
Caught in/between accidents
These occur when workers are trapped between certain objects, material or structures and cannot free themselves. In construction, machinery, vehicles and building materials can be heavy, which means a worker may be trapped if caught in or between them. These types of accidents can cause crush injuries, and they may even be fatal.
Electrocution
Most construction sites are powered by electricity. This means that there is always the potential for electrocution incidents to occur -- particularly with faulty or damaged equipment.
On some sites, workers may be carrying out their tasks directly below power lines. If a vehicle or piece of equipment collides with these power lines, this can result in a fatal accident.
If you have been hurt on the job, then you may be entitled to compensation that covers your medical bills and helps with lost wages. Seeking more legal information will give you a better idea of how workers’ compensation works in Ohio.]]>On Behalf of Philip J. Fulton Law Officehttps://www.ohiocompensationlawyer.com/?p=550732024-02-20T05:04:20Z2024-02-23T05:03:58Zyou need to do after a workplace accident to navigate the claims process as smoothly as possible.
Seek medical attention
Reach out for medical help immediately, even if your injuries seem superficial. Getting checked will give you a clear sense of your condition while providing official documentation or evidence of the nature and extent of your injuries. Remember to attend all follow-up appointments and follow your healthcare provider's instructions for recovery.
Inform your employer
Notify your supervisor or employer about the accident as soon as possible. This is important for creating an official record of the incident, which may be necessary for the workers’ compensation claims process.
Document the incident
Record information about the accident when your memory is still fresh. Note the date, time, location and any witnesses, among other relevant details. If possible, take photos of the scene and your injuries. Do not forget to keep records of the ensuing medical expenses. This documentation can be valuable later on.
Learn more about how the workers’ compensation claims process works
It’s also prudent to familiarize yourself with what goes into submitting a workers’ compensation claim. Can you choose your treating doctor? How long do you have to make a claim? Having the necessary information on how things work can help you take informed action.
Finally, consider reaching out for legal guidance to better understand your rights as an injured worker, gather relevant evidence and present a solid case in service of the workers’ compensation benefits you deserve.]]>On Behalf of Philip J. Fulton Law Officehttps://www.ohiocompensationlawyer.com/?p=550332024-02-05T06:40:29Z2024-02-07T06:40:15ZWhen it comes to workers’ comp benefits, most injured workers are focused on two areas: lost wages and medical bills. They have suffered immediate injuries – perhaps in a fall at work or in a car accident while they were on the clock – and they have to pay their medical bills. They’re also going to miss work while they’re in the hospital or at home recovering, and they need that income so that their budget will continue to work.
When looking at medical bills, it’s common advice to tell people to consider the long-term costs along with the immediate costs. If you’re going to need long-term assistance, rehabilitation services, medication\ or something else of this nature, you want to factor that in along with the hospital bills from the day of the incident.But the same general principle also applies to lost wages. You need to think about the future.
Lost earning potential
Some injuries will create lost future earnings, or they will reduce your future earning potential.An example of this is if you work in a highly physical industry. You have to be in good shape to complete your job. A spinal cord injury may make this impossible because you will lose some level of mobility forever. As such, you may discover that your earnings in the future are going to be lower because you have to take on a new job, switch careers or work fewer hours.But if those future wages are also connected to your injury at work, the costs could be more substantial than the immediate losses while you’re in the hospital. Carefully look into all of the legal options you have and consider all potential costs after an injury.]]>On Behalf of Philip J. Fulton Law Officehttps://www.ohiocompensationlawyer.com/?p=549992024-01-24T04:32:26Z2024-01-27T04:31:43Za recent survey reveals that a significant fraction of health care workers don’t feel safe when they are engaged in work-related activities.
Approximately 25% of the 400 medical professionals and 100 administrators surveyed and interviewed said they don’t feel safe generally when they’re on the job. More specifically, 63% reported concerns that they’ll be injured by patients at some point.
What is going on?
An additional survey question sheds a bright spotlight on one of the primary reasons – if not THE primary reason – why so many health care workers are concerned about their safety on the job. A staggering 98% of respondents indicate that inadequate staffing issues either influenced their feelings about workplace safety “very” much or “somewhat.”
Staffing has been an issue in the health care industry for a long time. But there is also no question that the problem has been exacerbated in recent years. Over the last two years alone, 100,000 registered nurses quit or retired from the profession and an additional 610,000 plan to leave within the next three years, according to the report.
While it is good for health care employees to know that they’re almost certainly covered by workers’ compensation if they suffer job-related harm, it’s ideal to avoid harm in the first place. There are too many workers who operate in fear while caring for others and too many leaving the profession partially due to that fear.
Until there are adequate protections in place both before injuries have a chance to occur and after harm does occur, inadequate staffing and fear will likely continue to plague health care facilities nationwide. It's crucial to understand your right to seek workers' compensation benefits.]]>On Behalf of Philip J. Fulton Law Officehttps://www.ohiocompensationlawyer.com/?p=548592024-01-08T07:03:28Z2024-01-10T07:02:42Zpersonal protective equipment (PPE). This way, you can always request what you need each time you start working at a new construction site.
Helmets
Construction sites are inherently risky, due in part to the potential for falling objects, falls from heights and a host of other equipment-related hazards. To mitigate these dangers, the most fundamental piece of safety gear that should be worn is the helmet. A helmet serves as a protective barrier, shielding the head from any falling debris. It is imperative that construction workers have high-quality helmets with adjustable straps for a secure fit. This helps ensure optimal protection and comfort throughout the workday.
High-visibility vests
Visibility is a key factor in preventing accidents on construction sites, especially in bustling and high-traffic areas. High-visibility vests are an indispensable part of a construction worker’s attire. These vests, often fluorescent in color, make workers easily identifiable to their peers and heavy machinery operators. By enhancing visibility, these vests significantly reduce the risk of on-site accidents. This can foster a safer working environment.
Steel-toed boots
Construction sites often feature uneven terrain and potential hazards that pose a threat to workers’ feet. Steel-toed boots can be construction workers’ first line of defense against falling objects and accidental impacts. These boots are not only sturdy and durable but also designed to offer comfort during extended periods of wear. Prioritizing the well-being of construction workers’ feet is crucial for helping ensure they can perform their duties safely and effectively.
The safety of construction workers should be non-negotiable for any construction project’s success. The incorporation of the abovementioned safety gear can create a more secure working environment, minimizing the risk of accidents and injuries.]]>On Behalf of Philip J. Fulton Law Officehttps://www.ohiocompensationlawyer.com/?p=548502023-12-22T05:50:20Z2023-12-26T17:15:04ZWhen you’re no longer able to work because of a disabling condition, Social Security Disability Insurance (SSDI) benefits are supposed to be there to give you some means of support – but everybody tells you that they’re almost impossible to get.
That’s not exactly true. To be certain, the Social Security Administration (SSA) has a very restrictive definition of disability, and they don’t make the process easy to get through. However, your odds of a successful claim are probably higher than you think.
Roughly 39% of initial claims in Ohio are approved on the first try
If you’ve heard the rumor that “every claim gets denied” the first time an application for SSDI benefits is made, you’ll be pleased to learn that’s not true. In 2022, for example, 39% of initial claims were approved in Ohio. If your claim does get denied the first time around, you have appeal rights. Unfortunately, the approval rates for a Reconsideration Request (which is the first stage of an appeal) are pretty dismal. Nationally, about 90% of those are denied. In Ohio, only 13% were successful in 2022.If your Reconsideration Request doesn’t result in an approved claim, you can then move on to a Hearing in front of an Administrative Law Judge (ALJ). ALJs have the ability to personally approve or deny claims, and they approved 53% of the cases presented to them last year. Ultimately, you don’t want to have to go through a lengthy appeals process with your SSDI claim if you can avoid it. That’s why it often helps to have experienced legal guidance early on, so that your claim can be presented in the most favorable light.]]>On Behalf of Philip J. Fulton Law Officehttps://www.ohiocompensationlawyer.com/?p=548342023-12-12T05:01:01Z2023-12-15T05:00:48ZIn Ohio, employees who suffer an injury or illness on the job are entitled to certain rights and protections under the law. Understanding these rights will help you get what you are entitled to.
Your rights after a workplace accident are found here.
The right to file a workers’ compensation claim
Injured workers have the right to file a workers' compensation claim with the Ohio Bureau of Workers' Compensation. Reporting injuries promptly and accurately is essential to initiate the claims process.
The right to seek medical treatment
Injured workers have the right to seek medical treatment for their work-related injuries or illnesses. Employers are generally required to cover the cost of necessary medical care, including doctor visits, surgeries and rehabilitation services.
The right to wage replacement benefits
If an injury prevents workers from returning to work temporarily, they may be eligible for temporary total disability benefits. These benefits provide a portion of the injured worker's lost wages while they are unable to work. Other cash benefits may be possible, as well, for long-term or permanent injuries.
The right to vocational rehabilitation
In cases where an injury prevents a worker from returning to their previous job, they have the right to vocational rehabilitation services. This can include job training and assistance in finding alternative employment. Injured workers in Ohio have important rights and protections under the workers' compensation system. If you are an injured worker who is having trouble with a workers’ compensation claim, it may be time to seek additional legal guidance. ]]>On Behalf of Philip J. Fulton Law Officehttps://www.ohiocompensationlawyer.com/?p=548292023-12-07T04:12:45Z2023-12-12T04:12:14ZWhat other parties could be liable?
There are actually quite a few outside parties that could be partially liable for a worker's death. If they were negligent or broke the law, that could provide the grounds necessary for a wrongful death lawsuit.
Obviously, if the incident involved criminal activity, the person who broke the law could be liable for any losses the family suffers due to someone's death. Similarly, if there was a fatal crash while someone was on the job, the driver at fault for the wreck could face a lawsuit.
Often, it will be another business that may be liable. If the incident involved a product malfunctioning or defective machinery, the company that maintained or manufactured those pieces of equipment may be liable for the tragedy that occurred.
It is sometimes necessary to look at a situation very closely to determine what options a family might have after someone dies at work. Pursuing a wrongful death lawsuit in addition to a workers' compensation claim can help families more fully recover the losses generated by someone's passing.]]>On Behalf of Philip J. Fulton Law Officehttps://www.ohiocompensationlawyer.com/?p=547982023-11-17T07:22:42Z2023-11-21T07:22:03ZSocial Security Disability Insurance (SSDI) benefits are only available to a small fraction of the population. People must have disabling medical conditions that will last for at least a year to qualify. They generally need to be unable to perform even the simplest job. They also need to have a substantial work history.
The Social Security Administration (SSA) generally only approves SSDI benefits claims for those with enough work credits to qualify. How does someone unable to work because of a health condition validate whether they have enough credits to obtain benefits?
People typically need 40 credits
As a general rule, workers can only acquire at most four credits a year. The SSA will grant someone a single credit for every $1,640 in income each year (although that figure changes a little each year). People who work even part-time jobs are often able to accrue four credits each year that they work. When someone applies for SSDI benefits, they also need to have a recent work history. The SSA generally requires that someone has 20 credits from within the last decade. Younger workers who have had less time to earn credits can qualify for full benefits despite a shorter work history. Those under the age of 31 may need to review the special rules that apply based on their age. Some workers can qualify for SSDI with as few as six credits acquired in the last three years. Applicants can either directly contact their local SSA office or log into their online accounts to verify the number of credits they have already accumulated. Comparing personal work history to credit requirements is one of several important steps for those hoping to secure SSDI benefits.]]>On Behalf of Philip J. Fulton Law Officehttps://www.ohiocompensationlawyer.com/?p=547942023-11-07T05:36:16Z2023-11-10T05:36:00ZSeek medical attention when you need to
Forceful exertion, repetitive labor or holding awkward positions can put you at risk of developing musculoskeletal disorders (MSDs). These types of injuries can limit your mobility and cause severe pain.
Amid the holiday rush, it can be easy to neglect your needs in favor of meeting deadlines. Observing good workplace practices, making healthy lifestyle choices and knowing your limitations can help prevent MSDs. If you start to feel pain or discomfort because of work, it’s best to take a break and seek medical attention.
Don’t forget to give yourself a break
Having endless tasks on your plate can cause your fatigue levels to spike. Not getting sufficient rest and sleep from putting in extra hours at work can cause your focus, response time and awareness to suffer.
If you work with heavy machinery or tools, fatigue can pose a serious safety risk. Moreover, drowsiness could make your commute to work dangerous. You could slip or fall, misuse tools or get into a car crash.
Prioritizing work over yourself can make it challenging to find enough time to recharge. Consider what modifications you can make to give yourself more time to rest. If adjusting your work schedule or taking time off isn't an option, saying no to extra work or not allowing managers to contact you after hours might give you a much-needed break.
What to do if you suffer from a workplace injury
This time of the year is often challenging and hectic for employees. Still, it is crucial not to lose sight of your health and safety to enjoy the holidays fully.
Should you sustain an injury on the job, seek medical care immediately, document the incident and notify your employer. You may qualify for workers’ compensation benefits. While filing a claim is not always easy, understanding your rights as an employee may improve your situation.]]>