The post How do catastrophic injuries happen at construction sites? appeared first on Bashein & Bashein Company, L.P.A..
]]>An injury is deemed as catastrophic when it leaves the victim with life-altering complications. A catastrophic injury may leave the victim in need of life-long care, severely disfigured and totally incapable of working. Here are three construction site accidents that can lead to catastrophic injuries.
Falls, whether from elevated heights or following a trip and slip can lead to serious injuries. At a construction site, a fall can happen while a worker is using a faulty scaffold or while working on a rooftop. It can also happen when a worker is tripped by loose cables or other hazards at the construction site. Besides injuries to the head, a fall can also result in the following injuries:
From cranes to falling objects, lumber and steel rods, being struck by a flying object can lead to serious injuries, especially if the worker is not wearing the right protective gear. Depending on the severity of the impact, strikes to the head can lead to skull fracture, brain penetration or other forms of catastrophic injuries.
Electrocution at a construction site can lead to serious (and sometimes fatal) injuries. Generally, electrocution can lead to the following injuries:
Workplace injuries happen when they are least anticipated. Find out how you can pursue compensation if you are hurt at work.
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]]>The post How do you prove that the driver who hit you was negligent? appeared first on Bashein & Bashein Company, L.P.A..
]]>At the scene of a crash, police officers will talk to you and the other driver to see who is to blame. Sometimes, if the officer determines that one of you broke the law, they will issue a citation. Misconduct is a valid reason to pursue a personal injury lawsuit or insurance claim against another driver.
Negligence could also be the basis of a request for financial compensation. How do you prove that another driver was negligent immediately before a crash?
Negligence means failing to do what others would
You may feel like someone was negligent and still not be able to claim negligence in the civil courts. In the legal world, the word negligence refers specifically to an individual behaving in a way that a reasonable person would not in the same situation.
For Ohio drivers, choosing not to reduce their speed during a snowstorm could be a form of negligence. State law requires that drivers comply with posted speed limits and also drive at a speed that is appropriate given road conditions.
Although driving at the speed limit may not technically be a wrongful act during inclement weather, it could certainly be negligent behavior. The average, reasonable person would agree that driving at normal speeds in a snowstorm could increase someone’s risk of a collision.
How do you convince the courts of what a reasonable person might do?
There are numerous ways to convey to the courts how someone else was negligent at the wheel. You might bring in expert witnesses like instructors who provide driver’s education. They can relate how they tell everyone to reduce their speed during adverse winter weather.
On the other hand, sometimes behavior is so plainly negligent that expert testimony is not necessary. You simply need an attorney to highlight the details of the crash to show that someone didn’t act in a prudent or reasonable manner.
Understanding what you have to prove to secure compensation will help those dealing with property damage or injury-related losses following a car crash.
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]]>The post Will a drunk driver’s auto insurance cover your losses? appeared first on Bashein & Bashein Company, L.P.A..
]]>However, what if the driver who caused your crash was impaired by drugs or alcohol? Will their insurance still pay the injured parties? In most cases, yes.
Unless a policy excludes drunk or impaired driving crashes (which is rare and not allowed in many states), it will cover victims of a crash caused by their policyholder. The drunk driver may well lose their insurance coverage if they’re convicted of operating a vehicle while impaired (OVI) or another impaired driving-related charge. However, as long as they were insured at the time of the crash, you should be covered up to whatever the policy limits are.
As with any crash, you may still need to show that the other driver was indeed the one responsible for it. However, if they’re arrested for OVI (and certainly, if they plead guilty), this should provide enough evidence for their insurer to pay up.
Unfortunately, it’s not uncommon for a drunk or drugged driver to be driving without a valid license or without any insurance. That’s why it’s always wise to have uninsured/underinsured motorist coverage.
Of course, you also have the option of holding a drunk driver (or any at-fault driver) civilly liable if injuries are so catastrophic that insurance won’t be enough to pay for them. Under Ohio’s Dram Shop Act, you may also be able to hold a restaurant or other establishment where they were overserved liable.
If you have been seriously injured or a loved one has been killed by a drunk driver, don’t rush into a settlement no matter how anxious the insurance company is to close out the matter. In many cases, you only have one chance to get the settlement you need. Having experienced legal guidance can help ensure that you get the compensation and justice you deserve.
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]]>The post How do construction accidents lead to back injuries? appeared first on Bashein & Bashein Company, L.P.A..
]]>One of the injuries you can sustain at a construction site is a back injury. If you sustain a back injury that is attributable to your construction work, you may pursue your employer for damages in accordance with Ohio workers’ compensation laws.
Regardless of the nature of your construction work, your job puts you at substantial risk of sustaining back injuries. That said, the following construction site workers are at an especially greater risk of sustaining back injuries while at work:
Not only does your construction work put you at the risk of back injuries per se, but the risk also increases over time. The longer you perform certain construction tasks, the more likely you will sustain repeat injuries that can worsen over time.
The physical demands associated with most construction jobs can lead to these among other injuries: broken vertebrae, slipped discs, spinal cord injuries and pinched nerves. Here are some of the ways construction accidents lead to back injuries:
Back injuries can be debilitating. Find out how you can safeguard your rights and interests while pursuing damages after a construction work injury.
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]]>The post Know your rights if a work injury makes you change jobs or retire appeared first on Bashein & Bashein Company, L.P.A..
]]>Most people who get hurt on the job will qualify for Ohio workers’ compensation benefits. They can make a claim to connect with full medical coverage and temporary disability benefits until they get back to work. For a small subset of workers hurt on the job, their conditions will render them unable to pursue the same profession.
They may need to move into lower-paid work or even retire early because they cannot work at all. How does workers’ compensation help those with permanent injuries related to their employment?
Injured workers who have medical records clearly showing that they will always have certain limitations on their job performance or an inability to work at all may qualify for permanent disability benefits.
Ohio offers permanent total disability benefits for those whose impairment will prevent them from working any job. Workers can receive some ongoing medical coverage for lingering symptoms and also up to two-thirds of their average weekly wages in disability pay.
There are benefits available for partial disabilities. A doctor will evaluate your condition and express your disability as a percentage. That percentage will determine how much compensation you receive. The goal of partial disability benefits is not to replace your lost wages but to close the gap between what you used to earn and what you currently make.
To connect with permanent disability benefits in Ohio, whether you need total or partial benefits, thorough medical records and an in-depth evaluation by a licensed professional will be necessary. In some cases, workers may need to appeal the initial decisions made about their claim.
Insurance companies might attempt to trick someone into accepting less than they deserve for a serious injury, so having a realistic understanding of what benefits you could receive and the long-term consequences of your injury will help you negotiate if the company offers a settlement.
Many workers trying to get maximum benefits for a permanent injury will benefit from cooperating with a legal professional. Educating yourself about the different kinds of workers’ compensation benefits available in Ohio can help you receive the support you need after developing a medical issue related to your employment.
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]]>The post What protects surviving family members after a fatal crash? appeared first on Bashein & Bashein Company, L.P.A..
]]>If your family recently lost a loved one in a collision, you may still have a hard time making sense of what happened. You know you want justice and deserve support, but you don’t fully understand what rights you have as a grieving surviving family member in Ohio. What options do you have for taking care of your family and seeking justice after a crash?
Every driver in Ohio should have motor vehicle liability coverage. The at-fault driver’s policy can cover property damage costs, as well as the expenses your family incurred because of your loved one’s death. Bodily injury liability coverage will pay for medical care and also help replace some of your loved one’s lost wages.
Given that you will need to claim a lifetime of lost wages, a basic policy may not be enough. You may be able to make a claim against supplemental coverage on your loved one’s policy, including underinsured motorist protection.
Ohio law allows for wrongful death lawsuits when someone dies in a preventable crash. The executor or personal representative of your loved one’s estate can finally wrongful death lawsuit against the person or business who caused the collision.
They can ask for compensation for lost wages and even lost support around the house. The state allows for the recovery of both economic and non-economic damages. The executor will then distribute the proceeds from that wrongful death claim among the closest family members of the deceased.
Families often need to use both of these tools to minimize the lasting consequences of a fatal car crash. Learning more about Ohio wrongful death claims can help you decide if this tool will help your family in the pursuit of justice.
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]]>The post Can you get workers’ compensation for car accident injuries? appeared first on Bashein & Bashein Company, L.P.A..
]]>Spending so much time on the road inevitably raises the risk that you will get into a car accident. A bad crash can cause serious injuries that must heal before you can go back to work. Still, a car crash might seem like a different type of injury than, say, falling off scaffolding at a construction site. Can you get workers’ compensation in Ohio for injuries sustained in an auto accident?
The standard for qualifying for workers’ comp does not mention where the injury took place, such as a fixed work site with close managerial supervision. In Ohio, you have the right to workers’ compensation if you sustain a work-related injury. You have a valid claim as long as you were in the course of your work duties when the injury happened.
For example, getting into a car accident while commuting to work is likely not a compensable injury. But if you are a commercial truck driver involved in a crash while on a delivery, you were injured in the course of your work duties. Depending on the nature and severity of your injuries, you have a good chance of getting approved for substantial workers’ comp benefits.
Unfortunately, just because you have a legitimate claim for workers’ comp does not mean your employer (and their insurance company) will approve your claim. If your claim has been rejected, or you received an unfairly low settlement offer, you have the right to appeal and seek a just outcome.
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]]>The post Aggressive driving: a serious problem with serious repercussions appeared first on Bashein & Bashein Company, L.P.A..
]]>Aggressive drivers put all other road users around them in harm’s way. If you share the road with them, you can wind up paying the price for their bad decisions.
According to statistics from the National Highway Traffic and Safety Administration, about two-thirds of all fatal crashes in the U.S. involve an aggressive driver.
Further, statistics on road rage and aggressive driving reveal that:
These numbers highlight how dangerous being angry or aggressive behind the wheel can be. When you combine elements like firearms and massive, powerful vehicles with an outraged or reckless driver, the outcome can be disastrous.
The best way to stay safe on the road with an aggressive driver is to avoid them altogether. You can do this by watching out for signs of danger, including:
If you notice these behaviors, keeping your distance can be crucial. If you can do so safely, you can pull over, slow down or turn off the road to avoid interactions with a dangerous driver. Doing so could ultimately save your life.
Because these drivers often operate their vehicles in an unsafe manner, there is an increased risk to property and people that get in the line of the aggressive party. Speeding, driving too closely and trying to cause damage are elements that can make any accident go from bad to worse – much worse.
Aggressive drivers put others in danger – there is no doubt about it. Holding them accountable for the damage they leave in their wake is essential.
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]]>The post What are the injury risks of working in auto manufacturing? appeared first on Bashein & Bashein Company, L.P.A..
]]>People often seek auto manufacturing jobs because the industry is stable and pays a decent wage however, you should know about the injury risks you might face if you want to remain healthy enough to continue working for many years.
What causes the most non-fatal injuries?
According to injury and accident data, overexertion was the cause of most non-fatal automotive injuries in 2018. More than 40% of reported injuries arose from overexertion during strenuous tasks, leading to muscle sprains and strains.
At 30%, the second-leading cause of work injuries is contact with industry equipment, such as getting struck by or caught in a machine. Slips, trips and falls were the third leading injury cause at 21%.
Leading causes of fatal injuries
Unfortunately, workplace accidents in the auto manufacturing arena can lead to fatalities. The top causes of accidental death in the industry during 2018 include the following:
Transportation-related incidents (like vehicle collisions) and exposure to harmful or toxic substances each accounted for 12% of industry fatalities.
Contrary to what you may have heard, both union and non-union manufacturing workers are typically eligible for workers’ compensation benefits. After addressing your medical needs in the wake of an injury, learn more about your rights. Familiarizing yourself with Ohio’s workers’ compensation laws is an ideal first step.
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]]>The post What do you need for a successful workers’ compensation claim? appeared first on Bashein & Bashein Company, L.P.A..
]]>A significant number of valid workers’ compensation claims do not get approved for any number of reasons such as mistakes in the paperwork, missing deadlines or not being aware of how the claims process works. If you have been injured at work, here is what you need to know before filing a workers’ compensation claim.
In a workers’ compensation claim, the clock starts ticking as soon as you are injured. For instance, you must inform your employer of your workplace accident as soon as possible. You have limited time to make a claim under Ohio law.
Showing that you were injured while carrying out a work-related duty is crucial. Workers’ comp benefits may not be forthcoming if your injuries happened outside your job. Providing documentation of your accident, such as what you were doing at the time or any witnesses present, will go a long way.
It is also crucial to have medical statements that back your claim. Injuries that do not affect your ability to discharge your usual duties may not be eligible for benefits. Therefore, it is necessary to have a formal statement from a certified doctor showing the extent of your injuries and how they limit your ability to continue working.
As mentioned, even valid claims get denied on various grounds. As such, it is vital that you understand your options, including filing an appeal for a denied claim. To avoid unnecessary delays in getting these benefits, it’s worthwhile to have experienced legal guidance.
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