Work Injury – Safety

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Each year across the United States thousands of workers are injured on construction sites even while under the supervision of a safety manager. Most of these accidents happen while under the operation of heavy machinery, and equipment. With most of the accidents that happen, over half of the people that are injured are on the ground die or suffer a very serious injury.

According to the Ohio Safety and Health Administration (OSHA) almost all accidents that occur are preventable. What this means is that not all steps were followed safely to execute the desired task set in place.

Listed below are the top safety accidents that occur

  • Getting in and off equipment
  • Loading and Unloading equipment
  • Too many people in one work area
  • Machines Radius and how far they move causing a knock to the body and or head
  • Overhead objects/Buried object
  • Backing up
  • Machine Malfunction
  • Unstable balance of weight between objects
  • Improper use of the machine/Horseplay
  • Safety Focus

Many times, when on a construction site it is important to be aware of all hazards life threatening, and minimal damage. If a worker is not focused on his/her job they can seriously injure or even kill someone. It is important for everyone who has a certain job to know how that job is done, and how to properly execute the tasks given. If you don’t feel comfortable with something or don’t know, it is better to ask questions or speak with your supervisor to prevent an accident from occurring.

Be safe at all times, and know what you are doing as well as others around you. If you or a loved one was injured on the job Call Me! 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 injury, medical malpractice, and catastrophic injury/wrongful death cases, serving Cleveland, Akron/Canton, Columbus, Dayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877-944-4373.

Workers Comp

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So you were injured at work and you want to make someone pay? Many people call in with the wrong mindset thinking that they are going to get so much money, and never have to work a job again.  A workers’ comp claim is not a way to get the most money. For someone that was hurt ‘on the job’ a compensation claim is necessary to relieving medical and financial burdens for the time of your injury. It also helps in assisting any bills you may have. Understanding workers comp fully is very important. For people who don’t understand the way workers comp works, are misled in thinking that it is a quick way to make money. This is not accurate and people who sustain a work injury should realize how long of a time they have in front of them until they receive any type of payment.

Worst & Most Severe Injuries Have the Least Payout

For someone who happened to have a “career ending injury”, the outcome is very rough and tedious. On top of a painful, expensive and tragic injury – The injured party has two typical options according to Ohio BWC guidelines:

Option A: 67% of lost wages for up to about 4 years

Option B: A modest lump sum compensation offer for partial disability.

This means that if you have suffered an injury and you cannot return to work, the Ohio BWC will grant you compensation (67% of your wages, un-taxed) for up to 4 years – Nothing beyond that time period.  If you are medically treated and you can return to some form of work (regardless of pay loss or position) you may be offered a small lump settlement.

If you or someone you loved was injured at work, you must seek expert legal help. Contact my offices immediately!

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 injury, medical malpractice, and catastrophic injury/wrongful

death cases, serving Cleveland, Akron/Canton, Columbus, Dayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

Workplace Harassment – Should You Be Silent?

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There has been a recent discovery of loopholes found in company contracts that prevent workers from bringing a sexual harassment case to the court room. This is known as forced arbitration, which is a resolution between both parties to solve a dispute outside of the courtroom. It is now found in over 55% of employment contracts, and can prevent perpetrators from receiving maximum consequences publicly, as well as legally.

A recent study by the Equal Employment Opportunity Commission reports that anywhere from 25 to 85 percent of women report having been sexually harassed in their place of work. Getting rid of these forced arbitrations would protect American workers, but these rules are under attack. Administration repealed an executive decision to protect employees of federal contracts.

Microsoft also announced last December that, “we eliminated forced arbitration clauses in employment agreements”. This is just one example of corporate companies going beyond just single cases. What about smaller companies? Who knows how far into the workforce harassment goes, and if there will be a guideline between what cases can or cannot be taken to court. Employers not taking action against the cases and letting things slide, shows lack of production as well as an unsafe workplace. Lack of attention or care by employers can also lead to an unsafe environment, enabling not only harassment but also higher risk of personal injury and work related accidents.

Have you or a loved one been injured while on the job? Contact my office immediately. 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 injury, medical malpractice, and catastrophic injury/wrongful death cases, serving Cleveland, Akron/Canton, Columbus, Dayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

Death Before Disability Benefits

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Social Security Disability Backlog

The cold, hard truth for over 7,000 people on the social security disability benefits wait list is that it is just too late. With the backlog of benefit appeals and applications topping out at over 1 million, and taking up to 2 years to process, it is estimated that over 7,400 individuals on the wait list never got their day in court – Many suffering deaths related to their illness. While friends and family of some applicants continue to take the court date just for vindication, the harsh reality for their loved one is that the system has failed them.

Social security disability benefits and supplemental security income programs are in place to help individuals that are no longer able to work, or no longer able to continue to work in the same position following an accident or illness.  For many individuals, this is a direct result of a work related injury or illness.

The Social Security Application Process

Social security is no picnic.  I have seen countless clients suffer through the arduous process, whereby many initial claims are denied in the first round.  The following months and even years are filled with overwhelming appeals and heartbreaking delays. For an individual or family, this could most certainly make a large impact on their lives.

It is estimated that about 10.5 million individuals receive benefits from social security, and another 8 million individuals receive benefits from Supplement Security Income – Which is an income based supplement for those that do not qualify for social security.  In order for an individual to qualify for benefits, a physician must specify that he or she is unable to work as a result of a long term disability or terminal illness.

The System is Broken

Just five years ago, the average wait time for a benefits claim was under a year. Today, applicants and appeals are facing almost a two year wait. With benefits averaging only about $1,000 a month, it shines light on a very important topic – The necessity of filing a claim for an accident or injury that caused the disability in the first place.

The average honest, hardworking individual may feel a sense of guilt following an injury on the job or a work related accident.  Many of my clients believe that if they do the right thing, and follow the workers’ compensation claims process – They will have compensation and social security disability benefits to fall back on.  The unfortunate truth is that it simply is not adequate.

Pursuing a workers’ compensation claim for a work related injury, or holding a guilty party accountable following an accident, may be the only true way to adjust to your new ‘normal’ and carry on in life, as much as possible.

If you or someone you love was injured at work or in an accident, or is waiting for their social security disability claims process, you must contact my offices immediately.

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 injury, medical malpractice, and catastrophic injury/wrongful death cases, serving Cleveland, Akron/Canton, Columbus, Dayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

The Reality of a Work Related Injury 

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 A workers’ comp claim is not a lottery ticket. For an individual that was injured ‘on the job’ a compensation claim is essential to relieving medical and financial burdens for the duration of your injury. When workers’ compensation was originally outlined, the world was a much different place! Rising medical costs, higher costs of living and more physical and emotional demands in our lives have altered the compensation landscape.

The Reality of a Workers’ Compensation Claim

Understanding the basics of a workers’ compensation claim is essential. For those without a clear understanding, it is a common misconception that workers’ compensation claims are ‘scammers’ or ‘get rich quick’ strategies. It could not be further from the truth. For those that have suffered an injury, this is the harsh reality of the long road ahead.

13% Pay Cut (Average)

The Ohio Bureau of Workers’ Compensation pays 67% of your salary, but since that salary under Ohio BWC is not taxed, it is an average of 13% reduction.

  • If you made $40,000 annually, your compensation salary is cut to roughly $26,800

While workers’ comp payments are not subject to tax, there is a wage cap. The maximum benefit in Ohio is $902 per week in 2017.

This is particularly concerning if you or someone you love was injured and they make over $47,000 a year.  This means that regardless if they make $47,000 or $100,000+ the benefit remains the same. Can your cost of living and way of life adjust to that decline in income?

Waiting Periods – Why 14 days is the magic number

In Ohio, 14 days has become the magic number for good reason. If you are injured and miss more than 14 days of work, the clock for compensatory pay goes back to day 1.

If you are injured and miss 13 or less days of work, essentially you forfeit 7 days of compensation because of the 7 day waiting period per the Ohio BWC.

The Worst Injuries have the Worst Compensation

For someone that has suffered an injury that is deemed to be a ‘career ending’ injury, the outcome is very grim. On top of a painful, expensive and tragic injury – The injured party has two typical options according to Ohio BWC guidelines:

Option A: 67% of lost wages for up to about 4 years

Option B: A modest lump sum compensation offer for partial disability.

This means that if you have suffered an injury and you cannot return to work, the Ohio BWC will grant you compensation (67% of your wages, un-taxed) for up to 4 years – Nothing beyond that time period.  If you are medically treated and you can return to some form of work (regardless of pay loss or position) you may be offered a small lump settlement.

Hiring an Expert Workers’ Compensation Attorney is Critical

I have over 36 years of experience navigating the Ohio Bureau of Workers’ Compensation and can help you every step of the way.  Your future livelihood, health and financial wellness depend on it.

If you or someone you loved was injured at work, you must seek expert legal help. Contact my offices immediately!

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 injury, medical malpractice, and catastrophic injury/wrongful death cases, serving Cleveland, Akron/Canton, Columbus, Dayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

Workers’ Comp Injury Treatment

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Where to go for Treatment After a Work Injury

After an injury at work, it is important to seek treatment by a BWC certified provider .  This can be confusing with the plethora of options we have today! Understanding the difference now can play a large role in the future.

Different Medical Care Options

  • ‘Take Care’ or ‘Minute’ Clinics
  • Urgent Care
  • Hospital Emergency Room
  • Physician Office

Following an injury at work, proper care and diagnosis are critical. Determining the severity of an injury can be incredibly important! If in doubt, call 911 immediately.

Choosing Care for a Work Related Injury in Ohio

As stated in the “Injured Workers’ Pledge of Service” every Ohio worker has the right to prompt medical care, provided by a BWC approved healthcare provider of your choosing.  This is the absolutely first step in selecting medical care following an injury – You must receive care from a BWC Certified provider.

Here are the top 3 questions to ask yourself, and the healthcare provider. In serious injuries or in unsure scenarios, it is best to call 911 to seek emergency medical attention.

Question 1: Does my injury need medical attention?

Question 2: How severe is my injury?

Question 3: Are you a BWC Approved Provider?

If your injury is severe, emergency responders or emergency room workers will be able to provide immediate and necessary care. In other types of injuries, you may be able to go to the ER without transport, or urgent care may be a sufficient place to start.

Why Early Care Matters in a Work Injury

The Ohio BWC requires that every single workers’ compensation claim is filed along with the proper documentation.  Naturally, a large part of that is medical information that comes directly following an injury! The care you choose can truly determine how your case is handled, including the type of injury, what the cause was determined to be, and even proper documentation for time off work.

The best case scenario is to go to an approved BWC Provider within your health network, that can work directly with your primary care physician now and in the future.

If you or someone you loved was injured at work, you must seek expert legal help. Contact my offices immediately!

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 injury, medical malpractice, and catastrophic injury/wrongful death cases, serving Cleveland, Akron/Canton, Columbus, Dayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

Top Four Fatal Construction Accidents

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Four Leading Causes of Death in Construction Accidents

The ‘Fatal Four’ named by the Occupational Safety and Health Administration (OSHA), are responsible for over 60% of all accidents that result in a construction worker’s death.

While governed by strict OSHA safety standards, compliance failures and improper safety initiatives result in these 4 leading causes of death.

The Fatal Four:

  1. Falls
  2. Struck by an Object
  3. Electrocution
  4. Trapped in Between / by an Object

A 2015 OSHA report determined out of 4,300 fatalities about 21% or 1 in 5 deaths were in the construction sector.  Reducing or eliminating the “Fatal Four” can save more than 600 lives per year in the US!

OSHA Statistics Cite:

  • Falls — 39% of total deaths in construction (364 our of 937 deaths in 2015)
  • Struck by Object – Almost 10% or 90 deaths
  • Electrocutions – 9% or 81 deaths as a result of electrocution
  • Caught-in/between equipment or job site objects – 7% or 67 deaths in 2015 study

Top OSHA Violation Citations Contributing to Fatal Four

Of the top 10 OSHA violation citations in 2016, several can easily be identified as contributing factors to the Fatal 4. Violations occurred in the following areas:

  1. Fall protection
  2. Hazard communication standard
  3. Scaffolding, general requirements
  4. Control of hazardous energy (lock out/tag out)
  5. Ladders
  6. Electrical, wiring methods, components and equipment
  7. Electrical systems design, general requirements

Proper safety initiatives and safety training are absolutely critical in any workplace, but exponentially important in the construction industry. Hardworking men and women should expect safety on any job site!

What to do if you were injured or a loved one was killed

If you or someone you love was seriously injured in a construction job or was killed as the result of an accident at work – You must contact me immediately.  Having an experienced personal injury and workers’ compensation attorney is critical.  From medical care to living expenses and more – Your rights will be protected and we will fight for the justice you deserve.

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 injury, medical malpractice, and catastrophic injury/wrongful death cases, serving Cleveland, Akron/Canton, Columbus, Dayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

What’s Covered Under Ohio Workers’ Compensation?

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Workers’ Compensation Scope: Do you know what may or may not be covered?

Understanding what is or is not covered under a workers’ compensation claim is very important – Particularly if you or a loved one has suffered an injury!  As a general rule, if your injury resulted from something work related, it would be covered under a workers’ compensation claim. Work related illnesses, such as occupational cancers, can also be covered under Ohio workers’ compensation laws.  Unfortunately, in some complicated situations an injury or illness can be difficult to prove or substantiate, particularly if your employer is less than supportive.

The Rules of Thumb for Workers’ Compensation in Ohio

  1. Typically, an injury at work that can be treated successfully with a general first aid kit is not an injury that is eligible for a workers’ compensation claim. This could be cuts, bruises, fall injuries – If it subsides and your injury is able to be treated successfully, then you may not file a claim.  However, it is important to remember that even something that may seem minor now can have serious repercussions down the road!
  2. Offsite injuries may also be covered under workers’ compensation claims. For instance, if you are driving from an appointment back to the office, or if you are sent on a work related errand, an injury would be covered.  If you are commuting to or from work, your injury would typically not be covered in the event of an accident or incident. This is known as the ‘Coming and Going Rule” The general rule here is if you are being paid to do what you are doing at the time an injury occurred then it would be covered under workers’ compensation.
  3. Illnesses and long term injuries, like carpel tunnel, may also be covered. Occupational illnesses can be covered in instances where a person is continually exposed to toxic chemicals such as if a fire fighter or miner.
  4. Mental and psychiatric conditions may also be covered. If you experienced a traumatic event and suffered PTSD – You may be eligible for worker’ compensation benefits.
  5. Voluntary events, like fitness challenges or group activities are typically not compensated in the event of an injury.
  6. Natural deterioration is not covered – but aggravating an existing or past injury may be covered under Ohio law. This is different for a pre-existing illness and the rule is that a disease will not likely be compensated if it was not contracted as a direct result of employment – aggravating or causing re-occurrence may not be covered.

Overall, it is very important that everyone understands what may or may not be covered in the scope of workers’ compensation.  It is not uncommon for many individuals to have suffered an injury or illness, only to fail to report it because they did not believe it was covered.

If you or a loved one was injured at work, you must contact my offices immediately. Worker’s compensation claims can be incredibly complicated! I will be there to support you, every step of the way.

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 injury, medical malpractice, and catastrophic injury/wrongful death cases, serving Cleveland, Akron/Canton, Columbus, Dayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

 

Top Ohio Workers’ Comp Myths

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Top Ohio Workers’ Comp Myths & Why You Need a Good Lawyer

Workers’ compensation law is complicated, to say the least.  As an injured individual, the last thing on your mind is likely to be related to policing your employer and making sure your claim is handled fairly.  Unfortunately, for long term impact, this must be a top priority. Having an experienced workers’ comp attorney can make all of the difference for your claim!

Myths in Ohio Workers’ Compensation cases are common. Understanding your rights and having an expert help is critical!

Myth #1: My place of employment is small and I do not get workers’ compensation insurance.

This is false! Ohio employers are required to provide compensation coverage for ALL employees as stated in ORC 4123.01.

Myth #2: I only worked a short time before I was injured and I am not covered.

Not true in Ohio. Every single employee must be covered, regardless of the duration of employment.

Myth #3: Few injury costs are eligible for compensation.

The facts: All injury costs related to lost wages and related to medical expenses can be compensated.

Myth #4: I feel pain at work so I am entitled to a compensation claim.

This is not true. You must prove your claim meets the requirements and is related to a specific injury or illness that occurred as a result of employment.

Myth #5: Most comp claims are fraudulent and an attempt to “stick it to the man”!

This is false. In 2014, the University of Michigan reported that only about 2% of all comp claims reported are fraudulent in nature.

Myth #6 My employer will file everything for my claim and handle all of the paperwork from here.

The truth is, your employer is only required to file the initial claim and notification.

Myth #7 My employer and their comp insurance will be fair.

Unfortunately, compensation insurance works like any other insurance coverage. You cannot expect anyone to advocate for you!

If you or a loved one has suffered an injury at work, you must call my office now. The Ohio BWC can be very complicated and confusing. As your Ohio workers’ comp 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 injury, medical malpractice, and catastrophic injury/wrongful death cases, serving Cleveland, Akron/Canton, Columbus, Dayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

Workers’ Compensation Fines – Profit Versus Safety

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When Big Fines Aren’t a Deterrent

Recent workers’ compensation fines are making the headlines, but is it really enough?  Unfortunately, every single day in Ohio and across the US, individuals are asked to perform work related duties that have very real dangers.  For many, common sense safety is enough – But unfortunately, accidents do happen! This is exactly why companies are required to have safety measures in place, to prevent tragedies in the first place. Lack of training and proper safety procedures can yield the ultimate price tag. Unfortunately big corporations pay the fines, and go about their day as if nothing happened.  This is unacceptable!

A recent story about a gentleman in Oregon is the perfect example.  An Ohio auto manufacturing company operating an Oregon facility was fined $570,000 as a result of safety violations that led to an employee suffering severe injuries on the job. Due to an unsafe machine, the 46 year old suffered the loss of his hand and partial loss of his arm, changing his life forever.  The simple fix?  Proper guards on the machine for which he was assigned to work.  This company clearly chose profit over safety!

Protecting Your Rights in a Work Related Injury

Every time a person goes to work there is a level of expectation regarding safety.  Sadly this wasn’t the case for the individual mentioned above; his life was forever changed.  The company in Ohio was fined $570,000 and the gentleman likely pursued a workers’ compensation claim for benefits and reparations. Nevertheless, nothing will replace his missing limbs!

Unfortunately, the claims process and injury recovery can be incredibly overwhelming.  If you allow your place of employment to determine the path to your claim and recovered benefits, your path may come up short!  Hiring an expert to navigate the complicated claims and benefits process is essential.

Your workers’ compensation claim for an injury such as loss of limb could include medical care, reconstructive surgeries, therapy, prosthetic, medication, lost wages and more.

If you or a loved one has suffered an injury at work, you must call my office now. The Ohio BWC can be very complicated and confusing. As your Ohio workers’ comp 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 injury, medical malpractice, and catastrophic injury/wrongful death cases, serving Cleveland, Akron/Canton, Columbus, Dayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.