Ohio Workplace Accidents—What to Do If Your Claim is Denied

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Many workers injured on the job do not initially think they will need an attorney’s help in filing a workers’ compensation claim. And, all too often, employers may even discourage workers from hiring legal representation because they simply want you to go into this alone.

It may not be until after your claim was denied by the Ohio Bureau of Workers’ Compensation that you realize an attorney is necessary. What happens next? Does this mean a denied claim is simply a denied claim and nothing more can be done?

If you find yourself asking these questions, it may be time to call an experienced work injury lawyer.

You received a letter in the mail that your worker’s compensation claim has been denied by the bureau but you are not ready to call it quits. What happens next in this process?

An injured worker may file an appeal if the claim has been denied.

An employee has 14 days from the denial to file an appeal in writing or online. You or your attorney can file the appeal with the Ohio Industrial Commission online here.

Make sure to include all of the necessary information on your filed appeal.

This includes: Contact/mailing information, employer, workers’ compensation policy number, incident details, medical diagnosis, any medical documentation supporting your diagnosis, and any information regarding your disability.

Once the appeal is filed, there are three appeal levels with the OIC.

These 3 levels include the District Hearing, the Staff Hearing, and the Commission Hearing. Each of these levels requires a hearing with the Ohio Industrial Commission. It is highly recommended that the injured worker finds legal representation for this portion.

I cannot stress enough how important it is that anyone filing a workers’ compensation claim or appeal seeks an experienced attorney to represent them.

An attorney will be the best source to defend your rights as a worker and gain you fair compensation for your workplace injury or illness.

All too often I see employers taking advantage of their employees and leaving them high and dry. When this happens, it will not only affect the injured worker but will affect the families depending on them as well.

Do yourself and your family a favor by calling me today if you’ve suffered a work-related injury. As your Ohio workplace accident attorney, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 855.800.0384.

2017 Car Accident Fatalities in Ohio Already Averaging Two Deaths a Day

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The state of Ohio recorded a total of 1,132 traffic deaths in the year 2016—this is an average of 3 fatalities per day.

These numbers are unsettling and unacceptable, but when I found out how many Ohio car accident fatalities have occurred already this month and in 2017, I was absolutely stunned and appalled.

As of January 25, 2017 there have been 57 traffic fatalities in Ohio.

This number is averaging two deaths a day and it is only January.

I have been a practicing attorney for 36 years and seeing these high fatality numbers in one month tells me that serious change is needed. Recently, the Lake County Sheriff’s Department and the Ohio Department of Transportation decreased the speed limit in a high-accident prone region for the winter in hopes of decreasing the number of car accidents there.

Police and ODOT are also making a stronger push in enforcing Ohio’s Move Over Law after several tragic deaths in the last 6 months. Although the police can have a powerful effect by enforcing traffic laws for drivers, the rest must be up to us in order to reduce traffic deaths in our state.

Last week one of our own Cleveland police officers was killed in a hit-and-run accident.

Cleveland police officer David Fahey was directing traffic early last Tuesday after a motor vehicle collision on I-90. When Officer Fahey was setting up flares, a vehicle struck him and fled the scene.

Officer Fahey passed away, leaving behind a family, friends, and his fellow officers. The suspect was caught and arrested, but the loss of an officer and a good man remains.

I cannot stress enough the importance of moving over any time drivers see work vehicles, safety workers, or pedestrians.

If you see work vehicles such as construction, police, fire, or ambulatory vehicles, please do the following:

  • Use your turn signal to move over a full lane as soon as possible
  • If you cannot move over a lane, immediately slow your speed
  • Proceed past the safety vehicle/workers with caution and checking your surroundings for pedestrians
  • If you are going through a construction zone with workers, remain at the posted speed until you are safely out of the work zone

Although these tips may seem to be common sense, a split second of not following them can be fatal.

Call me today if you or a loved one was injured in a car accident due to another driver’s negligence. I will fight for the compensation you deserve.

As your Ohio car accident attorney, I’ll be there for you, and I will Make Them Pay!® 

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 855.800.0384.

Umbrella Insurance Coverage: Why You Should Call Your Insurance Agent Today

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In my 36 years as a personal injury lawyer, I cannot emphasize how many car accident victims are left high and dry by low insurance limits or uninsured drivers. That is why I stress one significant topic: umbrella insurance coverage.

I recently had the opportunity to meet with several television networks to talk in-depth about this type of insurance coverage. Take a look at my visit with WKYC’s Live On Lakeside and Fox 8’s New Day Cleveland.

What is it and how could it benefit you and your family?

Umbrella coverage is additional liability insurance added to your current policy.

This extra coverage can be significantly beneficial for automobile insurance policies.

Typical auto policies have limits up to $100,000 per person and $300,000 in total aggregate. However, if you or a family member is severely injured in a car accident, medical bills can quickly exceed the policy limit.

What umbrella coverage does is provide up to $1,000,000 limit for you, family members on your policy, or anyone with permission to drive your vehicle. If injuries require extensive medical treatment (surgeries, therapy, facility rehabilitation, long-term care, etc.) your umbrella coverage will kick in.

This coverage can be used whether you are at-fault or a negligent-free driver.

Whatever the situation may be, this coverage can be a savior in a worst-case scenario. Many of the calls I receive from car accident victims have negative circumstances:

  • Hit by a drunk driver with no insurance
  • A driver flees the scene of a car accident
  • An at-fault party is under insured, or has liability-only insurance

Do yourself and your family a favor and take my advice: contact your insurance agent today and ask about adding umbrella coverage to your car insurance policy!

All the scenarios above can be defied if you have this insurance coverage.

If you or a loved one has been injured in a car accident, call me today for a free consultation. As your Ohio car accident attorney, I’ll be there for you, and I will Make Them Pay!® 

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

New Study Links Concussions to Increased Risk for Alzheimer’s Disease

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The term “brain injury” sounds a great deal more severe than the word “concussion.” What many injured victims don’t always understand is that a concussion diagnosis should elicit the same concern, especially when looking at long-term effects.

Closed head injuries can happen in a multitude of scenarios: motor vehicle accidents, sports related injuries, catastrophic injuries, workplace accidents, or even an incident as simple as a slip and fall.

Any and all head injuries should be addressed immediately and followed up with proper medical attention. The reason is simple:

A new study indicates concussions may actually magnify the risk for Alzheimer’s disease.

Suffering one or multiple concussions can increase this risk, but genetic factors play a role as well.

The research study was conducted by Boston University School of Medicine on 160 military veterans.  Their findings identified several factors:

  • A traumatic brain injury associates with the lower cortical thickness
  • The brain region where the lower cortical lays is the first area to be affected in Alzheimer’s disease
  • When a concussion occurs, it is possible that the cortical thickness accelerates
  • Memory decline is also a key factor in relation to the lower cortical and a concussion
  • Many of the study subjects suffered concussions that resulted in unconsciousness
  • Cortical thickness was found in both veterans who suffered multiple concussions as well as one concussion
  • Those with a high-risk genetic history and a concussion were subject to a higher likelihood of less gray matter in the brain

What does this mean for catastrophic injury victims?

When I take on a car accident, catastrophic injury or workplace accident claim that results in a serious traumatic brain injury, I understand the potential long-term effects for my client.

If you have suffered anything from a mild concussion to serious head injury, I urge you to seek medical attention so that you receive the proper treatment and diagnosis. Delaying your treatment can be life threatening or seriously affect your long-term health!

Before you agree to a settlement on your claim, contact an experienced attorney to make sure you receive the compensation necessary to address any possible future health issues. As your Ohio catastrophic injury attorney, I will be there for you and I’ll Make Them Pay!® 

Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.