When workers in Mayfield Heights worry about the potential for workplace injuries, they may think primarily of sudden traumatic injuries. However, a significant number of disabling workplace injuries and illnesses, from asbestosis to carpal tunnel syndrome, develop much more subtly and gradually. Fortunately, victims of these conditions, which are known as occupational diseases, may qualify for workers’ compensation benefits if they meet specific criteria.
A disease that results from workplace exposure to harmful substances or working conditions may be considered an occupational disease, according to the Ohio Bureau of Workers’ Compensation. Illnesses that stem from exposure to chemicals, dust, organisms, radiation or gases may be considered occupational diseases. Physical injuries that manifest due to repetitive motions, excessive noise, physical vibrations or extremes of temperature and pressure can also be considered occupational diseases.
The Ohio Revised Code includes a list of recognized occupational diseases, but this list is not exhaustive, and it does not guarantee claim approval for workers who suffer from listed conditions. Any work-related injuries or illnesses that meet the definition of an occupational disease may qualify for compensation, but workers must always prove the following three things:
• The worker was harmed due to some form of work-related exposure.
• The exposure directly caused the employee’s injury or illness.
• The worker’s duties or environment placed the worker at greater risk of developing the condition than the general public faces.
In some cases, proving that an occupation creates a high risk of a disease may be simple. For example, the Ohio Revised Code acknowledges the risk of respiratory and cardiovascular disease that firefighters and police officers face due to exposure to heat, smoke and toxic fumes. For these professionals, claiming benefits for one of these conditions may be fairly straightforward. For other occupational diseases, however, establishing that an occupation-related risk exists may be more challenging.
Victims of occupational diseases may lose their eligibility for workers’ compensation benefits if they do not file claims within the state’s statute of limitations. According to the Ohio Bureau of Workers’ Compensation, victims generally must file claims within two years of the date of disability. This is the date that a worker first received a diagnosis, secured treatment or quit working due to the medical condition.
This deadline for filing a claim may be extended in cases in which a worker received a delayed diagnosis, however. Workers can file claims for occupational diseases within six months of receiving a diagnosis, and this additional period may be used to extend the regular claim deadline.
Although employees can file workers’ compensation claims without legal representation, seeking assistance may be advisable for victims of occupational diseases. Proving that work-related exposure directly caused an occupational disease can be challenging, as can navigating the general claims process. A workers’ compensation attorney may be able to assist an injury victim and improve the likelihood that compensation will eventually be awarded.
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]]>In Ohio and elsewhere, most people think of workers’ compensation as the legal remedy for injured workers and for those who contract occupationally related diseases. However, workers’ comp also provides death benefits to surviving dependent relatives when Ohio workers die in work accidents, or from work injuries or illnesses.
The Bureau of Labor Statistics reported that for 2012, preliminary data shows that 154 workplace deaths occurred in Ohio. According to the news release:
• Three-quarters of these fatalities were from transportation incidents; contact with objects and equipment; and falls, slips and trips.
• The vast majority of 2012 Ohio work-related deaths were of men.
• White non-Hispanic workers accounted for 82 percent of these fatalities.
• Transportation incidents were the number one cause.
• More than half were of workers 25 to 54 years old.
These numbers do not even account for worker deaths from occupational diseases, rather than from injuries.
To be eligible for Ohio workers’ compensation death benefits, a relative must meet two requirements:
• He or she must have been wholly or partly dependent on the deceased worker, or prospectively dependent.
• He or she must have been in the deceased worker’s family and a surviving spouse, lineal descendant, ancestor or sibling.
Ohio applies a fairly complex formula related to the worker’s average weekly wage to determine the amount of weekly death benefits payable to eligible survivors. The Ohio Bureau of Workers’ Compensation or BWC may apportion benefits among eligible dependents as it finds “just and equitable.” Also, payments may be made to one beneficiary for the benefit of others, including payment to a surviving spouse for the benefit of minor children.
An eligible surviving spouse receives weekly death benefits until he or she dies or marries again. At remarriage, the surviving husband or wife receives a lump sum payment equal to two years of benefits.
Other wholly dependent persons are eligible to receive death benefits until they are 18, until 25 if full-time students, or as long as they are incapacitated from working.
Ohio law presumes that if the deceased worker was living with his or her parents, the parents were sufficiently dependent to receive a minimum of $3,000 in death benefits.
Eligible partly dependent survivors receive benefits until stopped at the BWC’s discretion. The agency may also determine whether anyone should receive death benefits as prospective dependents, capped at $3,000 collectively among all such beneficiaries.
If a worker dies from work-related injury or illness in Ohio and leaves no dependents, workers’ comp will pay funeral expenses.
Normally, death benefits will not be available if the worker’s death was by suicide or caused by the influence of alcohol or a nonprescription drug.
It can be important and very helpful for a surviving dependent of such a worker to consult as early as possible with an experienced Ohio workers’ comp lawyer for several reasons. The attorney can advise the survivor about how to meet the death benefit eligibility requirement that timely notice of death be given to the proper state authorities. Legal counsel can assist with the initial application for death benefits as well as with further appeal of a negative decision.
Finally, the lawyer can investigate whether another legal remedy might exist for the survivors if a third party negligently contributed to the worker’s death such as a manufacturer of defective work equipment or the owner of dangerous work premises.
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]]>Workplace safety measures and regulations have helped improve worker safety over the past decades. According to the Toledo Blade, 2012 had the second fewest number of Ohio workplace fatalities in over 20 years, with 154 worker deaths.
Despite the decrease in worker fatalities, every job still has its safety risks, which always pose a threat to the lives of the workers that perform the job. According to state statistics, motor vehicle accidents are the number one killer of Ohio workers across all industries. After motor vehicles, falls from platforms, trees, roofs, ladders and other elevated surfaces were the second most common safety threat. Overall, statistics show that the most deadly jobs are in the agriculture, construction and transportation industries.
Fortunately, for families whose loved ones have died due to a work-related injury or disease contacted as a result of the job (e.g. mesothelioma), there are death benefits available under Ohio’s workers’ compensation laws. Under the law, the decedent’s spouse, children and relatives that are siblings or lineal descendants (in some cases) that are wholly or partially dependent on the decedent’s support are eligible to receive death benefits.
The law governing death benefits presumes that the following individuals are wholly dependent on the decedent’s support:
• The surviving spouse that was either living with the decedent at the time of his or her death or was separated due to aggression on the decedent’s part.
• The decedent’s children that are under 18 years old (or under 25 if enrolled in a full-time educational institution or program)
• The decedent’s children that are over 18 years of age, but have a physical or mental disability preventing employment
• The surviving natural parents of the decedent, with whom the decedent was living at the time of his or her death. However, the maximum amount of benefits is limited to $3,000 in this case
Individuals that are wholly dependent are entitled to collect death benefits in the amount of sixty-six and two-thirds percent of the decedent’s average weekly wage. However, if the decedent’s wages were higher than the state’s average weekly wage, the dependents are limited to sixty-six and two-thirds of the average wage. If there is more than one dependent that is eligible to receive benefits, the workers’ compensation administrator will divide the benefit among the eligible parties according to law.
Dependent spouses receive benefits until he or she dies or remarries. However, in the event of a remarriage, the spouse is entitled to a lump-sum payment of two years’ worth of benefits. For other individuals that are wholly dependent, the death benefits continue until the dependent reaches 18 years of age, reaches 25 years of age (if enrolled in a full-time educational institution) or, if mentally or physically disabled, no longer suffers from the disability that is preventing the seeking of employment.
Partially dependent persons receive benefits until a time determined by the workers’ compensation administrator.
Siblings, lineal descendants and other dependent relatives of the decedent may also be entitled to death benefits if circumstances indicate the claimants prospective dependency on the decedent’s support at the time of his or her death. However, under the law, the benefits paid are limited to a total of $3,000, which would be divided among all claimants.
If a loved one has been killed while on the job, it is wise to consult with an experienced workers’ compensation attorney. An attorney can fully advise you of your right to recover benefits and assist you in putting together a successful application.
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]]>OSHA expanded reporting requirements in an attempt to increase the safety of workers throughout the country, including here in Ohio.
OSHA recently expanded its reporting requirements. An article in Bloomberg Businessweek reported on the changes, noting that the Assistant Secretary of Labor for Occupational Safety and Health stated that the rule was made with the intention of saving lives. The secretary explained that the updates were more than just paperwork. Instead, the Occupational Safety and Health Administration’s (OSHA) new rule aims to increase safety by reducing the risk of future accidents and eliminating dangerous workplace hazards that lead to amputation injuries.
In the past, employers were only required to notify OSHA when an employee was killed or if an accident occurred that led to the hospitalization of three workers. The current rule has been debated for three years, and a final version was passed into law and is scheduled to become effective on January 1, 2015. The new rule expands this requirement to include any accidents that result in the loss of an eye or amputation.
The agency defines an amputation as any “traumatic loss of a limb or other external body part.” This includes fingertip amputations both with and without bone loss as well as medical amputation that result from irreparable damage and amputations that were reattached.
Ohio’s Bureau of Workers’ Compensation (BWC) notes that any worker injured while on-the-job in South Carolina should immediately report the injuries to their employer and receive any necessary medical treatment. This is true regardless of the injury, be it an amputation, eye loss, broken bone or concussion. Workers are entitled to receive a wide range of medical treatment to help reduce the risk of a disability. Benefits often cover the cost of surgery, prosthetic devices, medical supplies, hospitalization and rehabilitation among other things.
Unfortunately, there are certain requirements that must be followed to receive workers’ compensation benefits. Those receiving medical care, for example, may have to go to a medical professional that is chosen by the employer or the workers’ compensation insurance representative.
This is just one of the many issues that can arise when attempting to receive workers’ compensation benefits. As a result, those who are injured while working are wise to seek the counsel of an experienced Cleveland workers’ compensation lawyer. Whether filing for an initial claim of benefits or working to appeal a denial, this legal professional will advocate for your rights, working to help better ensure you receive the full benefits you deserve.
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]]>We at Denman Lerner & Gundy Co., L.P.A., can show you the steps to help lower your property taxes.
The first step in appealing your property’ s value is visiting the County Auditor’s Office where the tax value is established. Request a meeting with a County representative to review your property’s value. This is a great opportunity to learn how your property value was established. Examine your property’ s record card to ensure all the physical facts about the buildings and structures are accurate. If a clerical error is discovered, a value adjustment may be completed to correct the error without the need to file a formal appeal. It is recommended that property owners conduct a yearly review of their property records to ensure all records are accurate.
Remember, people make mistakes. Clerical errors do happen when clerks enter information into the computer. One clerical error could cost you a lot of money. At this time, if there were no changes to your property’ s value or you are still not satisfied with the corrected value, you may file a formal appeal with the County Board of Revision.
This form is available in the County Auditor’s Office. The Directory of Ohio County Auditors can be found at www.caao.org/
The DTE Form 1 – Complaint Against the Valuation of Real Property gives the Board of Revision the complaining party’s opinion of a property’ s estimated value for the year the tax is due. (The issue of taxes cannot be addressed either on the Form 1 or during the ensuing hearing.)
There must be a clear identification of the property being appealed. To ensure this, use the property’ s parcel number as it appears on the most recent tax bill.
The completed, signed and notarized DTE Form 1 can be filed after January 1st but must be physically inside the County Auditor’s Office no later than the close of business on March 31 (some deadlines vary by County). This includes complaints filed through any form of mail.
After the complaint form is filed, the Clerk of the Board of Revision will schedule a hearing date. The Clerk will send a notice in the mail to the address you provided on the complaint form.
If the procedure letter contains a hearing notice, then it is time for the complaining party to gather evidence supporting his/her opinion of the property’ s market value. The County’s Rules of Procedure, which are usually included with the hearing notice, list the kinds of evidence the Board requires.
Remember: Ohio Law states that the property values established by the County Auditor are presumed to be correct. It is the complaining party’s responsibility to prove the Auditor’s values are incorrect.
Typical information the complaining party must provide is evidence, facts, appraisals, comparable sales, conveyance forms, purchase contracts, property photographs, or other information which will demonstrate to the Board that the property’s estimated fair market value, as established by the County, is incorrect.
A lawyer can represent you in this matter. For assistance please email or call us.
A typical Board of Revision hearing usually lasts about 15 minutes. The hearing is recorded by either a tape recorder or a stenographer.
After the complaining party, and any witnesses he/she has brought to the hearing, have been sworn in by the Board of Revision, the individual presents his/her evidence of the property’ s market value.
After the evidence and all witnesses have been heard, the Board members may examine those individuals regarding the information that was, or was not, presented.
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]]>The Occupational Health and Safety Administration, or OSHA, issued more citations last year for fall protection than for any other workplace safety violation, according to data released in November. During the 2011 fiscal year, which ended on September 30th, OSHA cited 7,139 violations of federal regulations that require employers to protect workers from the risk of falls.
FOSHA’s interest in preventing workplace falls is well justified: Last year, 260 workers died as a result of falls, and over 200,000 more were injured. Often, preventing fall-related work injuries can be as simple as covering an open hole or removing debris from a walking surface. In other cases, guard rails, restraint systems or safety nets may be necessary to keep workers safe.
While fall protection issues were the number one source of OSHA citations, scaffolding safety was a close second with 7,069 violations cited last year. Scaffolding injuries frequently occur as a result of improperly assembled or poorly placed scaffolds. According to OSHA estimates, scaffolding accidents result in approximately 50 deaths, 4,500 injuries and $90 million in lost work days each year.
In addition to falls and scaffolding, hazard communication violations are another common source of OSHA citations. These violations often occur when employers fail to inform workers of hazards in the workplace or provide inadequate training for working safely in the presence of hazards.
Respiratory protection and electrical safety are two additional areas of major concern for OSHA. The agency issues thousands of citations each year to employers that put workers at risk by failing to provide functional respirators and ensure that they are used properly. OSHA cites a similar number of violations for failure to protect workers from the risks associated with electrical current, including shocks, electrocution, fires and explosions.
In many cases, workers injured on the job are eligible to receive workers’ compensation benefits. If you or someone close to you has suffered a workplace injury, a qualified workers’ compensation lawyer can talk with you about the specific circumstances of your injury and help you explore the legal options that may be available to you.
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