Although the Workers Compensation system was designed to avoid issues of fault and quickly allow an injured worker to return to her former position of employment, the system may not be the only remedy available in all injury situations.

If you’ve suffered a work injury as the result of the negligence of someone other than your employer, or in the event your employer has forced you to work in violation of the restrictions your doctor has placed upon you and you have been further injured, you may benefit by consulting with a personal injury attorney. Consultations are free and without obligation, so it certainly doesn’t hurt to inquire whether you may have a legitimate claim against a third party for additional compensation.

Some Examples of When to Consult with a Personal Injury Attorney for a Workplace Injury:

You are being forced to work in violation of your medical restrictions.

For example, your doctor has released you to a sedentary, or “sit-down” job, but your employer requires you to work your more physically demanding job, nevertheless, resulting in further injury.

You were injured by someone other than your employer or co-worker.

For example, a vendor delivering supplies ran you over with a forklift or hand truck.

You were injured by a chemical or some other toxic substance.

For example, you inhaled a dangerous chemical or were burned by a toxic substance while working.

You were injured by a defective product.

For example, the safety guard on a saw cracked and broke off.   As a result, your hand was badly cut.

You were injured by your employer’s Willful or egregious conduct.

For example, your employer removed a safety guard on the machine you operate and you are injured because of the lack of guarding.

A wrongful death claim is a civil action in which a plaintiff claims that a person’s death was caused by the negligent or wrongful act of another individual or entity. These cases are subject to state statutes regarding who can bring the claim, when, and what types of compensation are available.

Examples of Wrongful Death Claims

A negligent or intentional act leading to a person’s death can be the subject of a wrongful death claim. These include:

• Medical malpractice

• Motor Vehicle accident

• Defective drug or product

• Dog or animal attack

• Nursing home abuse

• Intentional act such as homicide

There are time limits upon when such an action can be brought and, as such, persons should act promptly to determine their legal rights.

Parties

In Ohio, a personal representative of the decedent can only bring the wrongful death claim. The person is usually the executor named in the decedent’s will or can be a person who is appointed by the probate court to administer the decedent’s estate.

Those entitled to damages include the surviving spouse and any children of the decedent. Parents and other next of kin with a relationship to the decedent may beneficiaries as well. A court will generally decide how proceeds from a wrongful dealth claim are distributed among beneficiaries of an estate.

Damages

The following damages are available in wrongful death claims in Ohio:

• Burial and funeral expenses

• Hospital and medical expenses, if applicable

• Loss of support from the reasonably expected working life earning capacity of the decedent

• Loss of services from the decedent (value of childcare, household tasks)

• Loss of companionship, care, consortium, training, education, assistance and guidance suffered by surviving spouse, children, parents or next of kin of decedent

• Mental anguish suffered by surviving heirs

• Loss of prospective inheritance

Wrongful death claims can be complicated and complex issues depending on the nature of the claim and the status of the party being sued. An experienced wrongful death attorney in Ohio should be consulted in these types of claims.

***

This blog is written and published by Laufman & Napolitano, LLC

Slip and fall cases come under the law of premises liability. In Ohio, like elsewhere, there are rules for determining when and if a property owner is liable to someone injured on their land, home, premises or business.

Causes of Slip and Fall Accidents

A slip and fall can result from any number of causes. The following are some common factors that lead to falls:

• Slippery floor

• Broken step

• Poor lighting

• Defective handrail

• Lack of a handrail

• Spilled food or drink

• Object left on floor

• Falling objects

• Lack of warning

Depending on the person’s health and circumstances of the fall, injured victims could sustain spinal injuries, broken limbs, severe head injuries, even paralysis or death.

Determining Responsibility

Landowners have a duty to keep their properties free of risks and hazards that constitute unreasonably dangerous conditions. However, if you are lawfully on someone’s property, you also have a duty to use common sense and keep yourself safe from hazards or risks that are open and obvious to a reasonable person.

Slip and fall cases are complicated and difficult to prove in many instances. But a skilled and knowledgeable slip and fall lawyer from Laufman & Napolitano may be able to assist. Laufman & Napolitano attorneys have assisted injured slip and fall clients in cases over the years.

***

This blog is written and published by Laufman & Napolitano, LLC

KHTQ69HQECBN

Sometimes those injured in accidents do not report all their symptoms and difficulties to their doctors. No one wants to be a “wimp” when it comes to routine aches and pains. Following an accidental injury, however, this approach can delay diagnoses, treatment, and, in some cases, invite questions later about the cause of such injuries. Many times underreporting is quite understandable. Where, for instance, a person breaks their leg in an accident, they (and their doctor) may focus less upon the person’s persistent neck or shoulder pain, while their attention is on the broken leg. What happens when it turns out that the more lasting and complicated injuries are those to the neck, or shoulder? Without mention of complaints early on, it becomes more difficult to understand or demonstrate that an accident was the origin of these problems. Those who take care to discuss all their symptoms with their doctors following an accident have a greater chance of avoiding such future difficulty.

Whether an accident occurs at work, on the road, or elsewhere, documentation of the event and one’s initial medical condition can be critical. Catastrophic and fatal accidents are usually well documented. Thankfully, however, most accidents are not as severe. Nevertheless, the long-term effects of many accidents initially thought “less severe,” are significant and, in some cases, life-long. Those who take care to report an accident usually encounter less resistance to their claim. Injured workers in Ohio have a responsibility to report workplace accidents to their employers promptly. Detailed and timely information about an accident can answer or avoid questions later about responsibility, and, in some cases, the information is vital to medical professionals diagnosing and treating those injured. Simply put, actions during the hours immediately following an accident have a significant impact upon ability of those injured to achieve a full recovery.