Blog Post

What to Know About: Worker’s Compensation

Legally employed workers are often protected from injuries sustained at their place of work due to the worker’s compensation insurance that most employers are required to possess. Because these injuries can cause sudden financial hardships for the injured employee and his family or dependents, worker’s compensation is intended as a means to pay the injured worker’s bills and medical costs during the recovery period.

These payments are capped and employers are protected from lawsuits but must provide worker’s compensation benefits to injured employees regardless of fault of injury. Much of the worker’s compensation process is intended to be streamlined for efficient and accurate filing of claims, but there are several intricacies that both employers and employees must bear in mind.

This worker’s compensation overview will help you gain a better understanding of the process if you’ve been injured at work or if you are an employer who wants to learn more about your compensation obligations. As policies vary by state, it is important to consult with a professional to fully understand your rights and commitments.

WORKER’S COMPENSATION COVERAGE

Worker’s compensation is not dependent upon who’s fault the injury resulted. However, there are legal penalties for those that attempt to claim false injury or misrepresent themselves on official filings. Any injures that are incurred while in service of an employer are subject to consideration. Injuries do not have to take place at the physical work place if the work is carried out remotely.

This also includes work-related functions where work is not necessarily being performed. Examples include company retreats, office parties, business trips, etc. Injuries occurring during an employee’s lunch break may be covered if it occurs in a company owned cafeteria or similar setting. These claims can be denied, however, if it can be determined that the employee was working in an unsafe manner of his or her own volition or was otherwise impaired from alcohol or drug use.

STATUTE OF LIMITATIONS

One thing to keep in mind is the statute of limitations. There is a deadline that worker’s compensations claims must be filed by in relation to the date of the injury in question. For some states, like Ohio, the employee is allowed two years from the time of the work-related injury to file. Other states, such as Nevada, have a much smaller window, allowing only ninety days to pass.

Because these dates vary by state to state, it is important that you check with your state’s policy or consult a professional.

THE GOING AND COMING RULE

Work-related injuries that merit worker’s compensation benefits do not have to occur on the jobsite. However, the commute to and from work is often not covered by most worker’s compensation plans. There are exceptions to this rule if the commute was from one work-related site to another or if it was in service of transportation of work-related materials. Injuries incurred by employees while performing their duties in work vehicles like pilots and mass-transit drivers are typically exempt from the Going and Coming Rule.

Because there are several variables involved in determining what falls under the Going and Coming Rule it is suggested you consult with a professional like the lawyers and Zicarelli and Martello to better understand your rights.

AM I COVERED?

For the most part, worker’s compensation coverage is not determined through the type of work performed or its level of difficulty. Some states, like Idaho and Wyoming, have restrictions placed on undocumented workers. Conversely, California, Arizona, and Texas specifically include undocumented workers under the purview of their state’s worker’s compensation. Depending on the state, other potential filing restrictions may include certain agricultural and seasonal workers, domestic workers such as nannies and housekeepers.

If you are unsure if you qualify to receive compensation following a work-related injury be sure to keep up-to-date and accurate medical records of your injury diagnosis and consult a professional who can help determine you best course of action.

OVERVIEW

Most injuries occurring while performing work-related tasks, regardless of where they are committed, are subject to worker’s compensation claims. There are several, significant exceptions to the rule that must be taken into consideration while filing. Additionally, statute of limitations and other state-related variables all affect worker’s compensation claims.

Because of the uncertainty and the time-sensitive nature of the process it is highly advised employees planning to file a worker’s compensation claim seek professional legal advice like that of the experts at Zicarelli and Martello who specialize in worker’s compensation law.

All initial legal consultations with us are 100% FREE. So call us, toll free at 800-203-3110 and let’s discuss, one-on-one, what’s best for your future.

02 Aug 2017

Social Security: What to Know

Upon retirement age, many individuals leaving the workforce will be entitled to a financial safety net known as Social Security. Initiated during the Franklin D. Roosevelt administration, the program aids retirees settling into their golden years. However, it is not always the golden goose some may be expecting. Despite affecting millions of Americans every year, there are several significant aspects of Social Security that you need to know in order for your benefits to actually benefit.

With Social Security playing such an important role in your life let Zicarelli and Martello provide you with some essential information regarding the process.

DO I QUALIFY FOR SOCIAL SECURITY?

Social Security is an earned benefit funded through payroll taxes taken out of the majority of employees’ wages throughout America. Many recipients qualify to receive social security payments once they are of retirement age because they have made their own individual contributions through social security taxes withheld from their paychecks. While the majority of recipients qualify under that guideline alone, the amount you are entitled to is subject to several determining factors.

A main determination of how much social security that you are entitled to depends on how much social security tax you paid into throughout your working career. Social security experts at Zicarelli and Martello can help determine what rates best suit your financial needs, both in the present and looking ahead.

The age you finally determine to retire and seek your social security benefits will be reflected in the amount you receive monthly. Retiring at age 62 will provide income sooner but the amount will not be as substantial as a retiree who worked until the age of 70. Because everyone’s personal economic situation plays a significant deciding factor in when to retire, we recommend consulting with a professional to determine what age makes the most financial sense to your specific needs.

CAN I LIVE OFF SOCIAL SECURITY?

Social Security is designed to provide financial support for retirees but it is unwise to rely solely on Social Security benefits without first consulting with an advisor to discuss your specific needs. While your benefits may not be enough to support you on their own, when coupled with pension, 401K, or other investments social security can provide not only financial support but peace of mind as well.

SOCIAL SECURITY DISABILITY CLAIMS

Workers who have paid into the Social Security program and have become disabled before regular retiring age may be able to collect social security disability insurance benefits. Many people who suffer from the unfortunate burden of unexpected injuries that prevent them from providing for themselves depend on social security disability benefits. This doesn’t mean that the process is necessarily an easy one.

In fact, the majority of applicants are initially denied coverage. With the process being significantly more complex than a typical non-disability social security claim, it is not surprising to find that claimants who are represented by an attorney find a higher success rate than those unrepresented.

DENIAL AND APPEAL PROCESS

Despite the majority of Social Security claims being initially denied, the majority of appeals are often approved right away. The process is time sensitive, however. You will have to file your appeal within sixty days of the original date of your denial. It is important to discuss the appeals process with an advisor who can also help you avoid any errors and expedite your appeal.

The reasons behind any potential denials of benefits depends on the claimant’s individual situation. Typically, the most common reasons for denials are as follows:

  • If you are still taking in income of a significant amount from other sources
  • If your disability will not last longer than twelve months
  • If there was a failure to comply with SSA’s request for information or medical records
  • If the SSA cannot locate you
  • If you willfully did not follow your prescribed doctor’s treatment. Exceptions to this rule include
    • Inability to pay for treatment
    • If the treatment is counter to the individual’s religious constraints
    • If the prescribed treatment is ineffective

SOCIAL SECURITY OVERVIEW

Because Social Security plays such a fundamental role in nearly everyone’s future, it is always important to work with an experienced professional to avoid any potential complications that could put your financial stability in danger. The trusted law firm of Zicarelli and Martello has over twenty-five years of success in representing Social Security claimants and guiding them through the appeals process.

Our experienced confidence is such that we accept no payment unless we win your social security disability case. Additionally, all initial legal consultations with us are 100% FREE. So call us, toll free at 800-203-3110 and let’s discuss, one-on-one, what’s best for your future.

02 Aug 2017

Wills and What You Need to Know

Wills are used to disperse and designate ones’ estate and assets after their death. They are fundamentally important and can have repercussions on the people or institutions you care about that extend for generations. Unfortunately, despite its importance, composing a valid will can often be overlooked or even put off by some.

While still an important feature, a will does more than simply ascribe material possessions to a list of beneficiaries. A valid will offers invaluable peace of mind as well as closure. To know that a lifetime of hard earned assets will go the family, friends, causes or charities you support can eliminate tremendous uncertainty.

But this peace of mind is only afforded if a will is filed correctly, the first time. While there are many important facets in composing a will, there are also certain fundamentals of which one must be made aware.

LEGALLY VALID WILLS

Certain aspects of estate planning can vary by state so it is important to check your own state’s specific guidelines. More universally applicable rules regarding wills often include necessitating a witness to verify the validity of the will while it is being officially recorded. For its official recording, the person must be acknowledged as possessing a “sound mind”, fully understand the consequences of their will and was not coerced in its drafting.

An executor must also be assigned to carry out the wishes of the will after the death of its writer. The executor should be someone that can be trusted as well as capable of fulfilling the will’s intent.

LIMITATIONS ON WILLS

It is important to note that a will cannot violate preexisting laws. Some states that have heirship laws require the children of a decedent to be listed as that person’s heirs, regardless of the wishes of his or her will. States with community property marriage laws can also affect the distribution of possessions in regard to spouses. States with community property laws include:

  • Arizona
  • California
  • Idaho
  • Nevada
  • New Mexico
  • Texas
  • Washington
  • Wisconsin
  • Alaska

SIMPLE WILLS

To some, the thought of composing a will can seem an intimidating prospect. This does not make the process any less important. Thankfully, if you are under the age of fifty, healthy, and your assets will not be subject to estate taxes, then a “simple will” can serve your needs. Simple wills distribute the decedent’s assets after their death. They choose someone to act as executor of the estate, name a guardian for children involved, as well as someone to oversee their children’s financial affairs.

While the process is expedited, simple wills are still subject to probate proceedings. This is another reason that securing a trusted executor is often one of the first steps suggested when creating a will of any kind.

CHANGING A WILL

After composing a will, it is not necessarily set in stone. Wills are often amended for numerous reasons but it is important to make sure these changes are done in the proper fashion to make sure that they are effectively implemented. If new property has been obtained, if heirs have been changed or added, or if other significant life changes have occurred, it is important to update your will.

Courts generally side with the most recent version of a will to avoid confusion. When changing a will, the most effective measure is one of the simplest. This is why it is important to include a paragraph in the more recently updated version that clearly and implicitly states any previous versions are void and have no legal effect.

CHALLENGING A WILL

A will can be challenged if there is suspicion that the decedent was either manipulated or coerced into the creation and signing of the will. The same can result if the decedent’s signature appears fraudulent or forged. In some cases, multiple versions of a will can cause a challenge in determining which one is legally binding.

While the state can determine its own extenuating circumstances to challenge the validity of a will, for an individual to challenge a will they need to first prove that they have standing. To prove standing an individual must display proof that they are either a beneficiary named in the will or heirs, regardless of whether or not they were originally included. Any other parties that would otherwise be affected by the results of the will may also hold standing to challenge the will’s decisions.

ESTATE PLANNING OVERVIEW

Because one’s will does not take effect until after they pass, they cannot correct any unforeseen results that may arise. For better or worse, the fallout from a will upon one’s friends and family can be monumental. That’s why it is always wise to seek the advice of seasoned professionals.

The law firm of Zicarelli and Martello specialize in probate, wills, and estate planning. They can guide you through every step of the process with the expert knowledge that has helped so many other clients obtain that well-earned peace of mind.

All initial legal consultations with us are 100% FREE. So call us, toll free at 800-203-3110 and let’s discuss, one-on-one, what’s best for your future.

02 Aug 2017

What You Need to Know About DUI/OVI Charges

Driving while intoxicated is a serious charge. It is an act that endangers not only the driver but anyone else that has to share the road while they are impaired. The Highway Traffic Safety Administration estimates that forty percent of U.S. traffic deaths are alcohol related. It is fitting that the penalties when found guilty in a court of law can be severe and have long-term effects.

Your case will be unique to your own particular circumstances. However, due to the long-running implications that DUI/OVI charges pose, it is always wise to consult with knowledgeable DUI attorneys, like the experts at Zicarelli and Martello.

Here are some fundamentals you should always bear in mind when facing potential DUI/OVI charges.

WHAT IS THE LEGAL LIMIT?

It was not until 1938 that authorities had the technology to determine a blood alcohol limit. Indiana was the first state to adopt a limit, which is nearly twice the current legal limit. In the past, states were allowed to determine their own blood-alcohol concentration limits as long as they did not exceed 0.15 percent. Starting in 2000, the U.S. Congress now requires all states to comply to a uniform blood-alcohol limit of 0.08 percent. Any motorists that register above this number when tested on a breathalyzer will be considered over the legal limit and summarily arrested and charged with driving under the influence.

DUI/OVI DEFENSES

Once someone enters a plea of guilty for a DUI/OVI charge it is very difficult, if not impossible, to withdraw or change it. Due to the severe consequences that come with a DUI/OVI conviction, it is strongly suggested that you consult with an experienced attorney to explore all of your options.

Occasionally, there are common mistakes made by law enforcement that can help your DUI/OVI defense, including:

  • Stopping a vehicle on an anonymous call
  • Following a driver into his home without invitation or justification
  • Arresting without independent evidence to corroborate driver’s statements
  • Detaining a driver for longer than is reasonable
  • Stopping at an improper roadblock
  • Stopping a driver without any traffic violation or suspicion of crime
  • and more…

IMPLIED CONSENT

It is important to remember that Ohio law employs an “implied consent” law. Implied consent means that if you are arrested by a law enforcement officer that believes you have been operating a motor vehicle under the influence then you consent to taking a chemical test of your blood, breath, or urine to determine your actual blood alcohol content. A refusal to commit to testing will not be considered an admission of guilt but may result in an automatic suspension of license.

REFUSING A BREATHILIZER

Due to Ohio’s implied consent law, you are required to consent to an officer’s request of a breathalyzer test upon the suspicion of intoxication. There are times when refusing a breathalyzer can be in your best interest when you consider that the penalty for refusing implied consent laws like taking a breathalyzer are often less severe than that of a drunken driving conviction. If you are certain that you are over the legal limit for blood-alcohol at the time of your initial questioning it may prove a lesser of two evils to refuse to take the breathalyzer.

Again, this alternative comes immediate consequences that must be taken into account before your refusal becomes an official matter of record.

DUI/OVI OVERVIEW

DUI/OVI charges can hold significant weight upon one’s future. The danger posed by the crime reflects the severity of its long-lasting penalties, making the need for expert counsel all the more critical.

The attorneys at Zicarelli and Martello possess years of experience in DUI/OVI defense and will work to retain your driver’s license and avoid a criminal record whenever possible. All initial legal consultations with us are 100% FREE. Call us, toll free at 800-203-3110 and let’s discuss, one-on-one, what’s best for your future.

02 Aug 2017

What You Need to Know about Divorce

DIVORCE

Divorce often proves one of the more sensitive legal matters one can undertake. Because emotions are typically involved, there is a potential for involved parties to be contentious during the proceedings. The serious, long-term financial and emotional repercussions of divorce filings require precise language, a clear delineation of assets, and the advocacy from a Family Law professional, like the experts at Zicarelli and Martello. Here are some fundamentals everyone should know about when they find themselves involved in divorce proceedings.

DIVORCE ALTERNATIVES

There are several alternatives to divorce that may prove better suited to your needs depending on your specific circumstances. Many states offer legal separations. Legal separations allow for similar decisions to be made regarding property division, child custody and child support. This option, however, does not legally end a marriage. This route is generally sought for couples that desire to maintain their marriage status of religious or health care reasons.

An annulment differs in that it declares that the marriage was never valid from its inception. It has the same legal effect of a divorce but can only be granted if it can be proved that one of the spouses was already married, tricked or coerced into the marriage, or is too young to have legally wed at the time.

PROPERTY DIVISION

When it comes to shared property, it is important to know if your state has community property laws. If so, then nearly all property obtained after the marriage is subject to equal ownership among the spouses. All of the property that falls under these community property laws will then be divided equally among the two spouses.

If your state does not have community property laws it typically falls to the courts to decide where the division of property lies for both parties involved. However, the courts will often acquiesce to a property division agreement if both spouses can draft and create their own version.

ALIMONY

Alimony is a monthly payment made from one spouse to the other following a divorce. The payments are decided upon in advance in either a settlement agreement or as a court decision. Its purpose is to correct any financial disadvantages that the divorce may have cost on either spouse involved. Several factors are involved in determining alimony payments. The age and health of each spouse, the length of time needed for the affected spouse to become self-sufficient, as well as the standard of living established throughout the marriage all play huge roles in the final decision but are ultimately determined by the state.

For some, alimony payments would prove easier if paid in one lump sum rather than a monthly schedule. This is allowed in several states as long as both parties agree to the sum and it is at least commiserating with the amount that would be paid out monthly otherwise.

If you are to receive your alimony in a lump sum, be aware of the tax obligations. You may be required to pay the taxes on the entire amount in the year you receive it if the payment is labeled “alimony”. This can be avoided in most cases if the payment is labeled “settlement”. As each person’s case is unique, it is always wise to consult with a professional to determine your best options.

CHILD SUPPORT

When the spouses involved in a divorce or separation are parents of a child under the age of eighteen child support payments will often have to be made to the parent who will be providing the majority of the child’s housing. The level of child support provided by the spouse is generally reflective of the amount of income earned by him or her.

This amount can always be adjusted due to current financial circumstances but it is essential that the decided upon party make his or her prompt payments. Late or negligent payments can result in wage garnishment, seizing of property, a driver’s license revocation, and a potential loss of passport.

DIVORCE OVERVIEW

Divorce is an emotional and delicate legal filing and should always be done in a clear, efficient manner that is as amicable as possible for all parties involved. Because of the many personal and unique circumstances that go into every divorce proceeding, it is wise to seek the legal advice of knowledgeable professionals.

A trusted name in family law with over sixty years of combined practice, the experts at Zicarelli and Martello are ready to aid you along any level of divorce or separation proceedings you may be a part of. All initial legal consultations with us are 100% FREE. Call us, toll free at 800-203-3110 and let’s discuss, one-on-one, what’s best for your future.

02 Aug 2017

The Basics of Criminal Law

The U.S. legal system is comprised of two types of cases- civil and criminal law.

While civil cases involve disputes among individuals regarding legal responsibilities and duties to one another, criminal cases are charges that are pursued by prosecutors in a court of law for violation of preexisting criminal statutes.

Criminal charges can pose incredibly serious repercussions on your future, not to mention your freedom. Regardless of the charge you are facing, be sure to seek qualified advocacy of professionals like those of Zicarelli and Martello.

Here are just a few aspects to keep in mind concerning criminal law and its potential implications.

DIFFERENCE BETWEEN FELONY AND MISDEMEANOR

Each state is permitted to draft their own criminal laws as long as they do not conflict with the governance set forth in the U.S. Constitution. Remember, ignorance of the law is not an excuse from the law. Make sure that you are well informed of a state’s laws before entering.

It is important to know the difference between felonies and misdemeanors as the different categorization reflects the level of punishment involved in conviction. Misdemeanors are smaller crimes that prescribe punishments not to exceed one year in prison. Felonies are considered serious misconduct against the rule of law and mandate incarceration of at least a year. The level of felony crime also dictates the amount of incarceration that may be sentenced to the accused if found guilty.

TYPES OF CRIMINAL CASES

While each state may have their own set of laws, the majority of criminal charges are reflected across the country and pose their own level of sentencing if convicted. The lawyers of Zicarelli and Martello have years of broad experience defending violent offenses, not limited to:

  • Simple and aggravated assault
  • Simple and aggravated battery
  • Simple and aggravated burglary
  • First and second-degree murder
  • Vehicular manslaughter
  • Stalking
  • Armed robbery
  • Carjacking

Our seasoned professionals also understand the intricacies involved in defending a variety of sex offenses, including, but not limited to:

  • Aggravated and simple rape
  • Molestation
  • Obscenity
  • Pornographic charges
  • Sexual Abuse and battery

The attorneys at Zicarelli and Martello also defend those charged with drug crimes including:

  • Distribution
  • Possession
  • Manufacturing
  • Transportation
  • Marijuana cultivation
  • Acquiring a prescription by fraudulent means

CRIMINAL LAW OVERVIEW

After a Grand Jury determines that there is sufficient evidence to go forward with a criminal trial the accused are allowed their right to defend themselves in a court of law. But without proper advocacy many may face longer jail sentences and excessive fines resulting from not knowing the full capacity of the legal system. It is incredibly important for anyone that has been arrested and faces impending criminal charges of any kind to find immediate and qualified representation, like that found at Zicarelli and Martello.

All initial legal consultations with us are 100% FREE. Call us, toll free at 800-203-3110 and let’s discuss, one-on-one, what’s best for your future.

02 Aug 2017

Before You Go… The Differences in Advance Directives, Living Wills, Power of Attorney, and Why it Matters

Before You GoWe prepare for things in advance all the time. From parties to exams to vacations, being knowledgeable and ready is a part of day to day life. But, few of us take the time to prepare for something we all will eventually do. That is, we are often unprepared for end-of-life and emergency care. Advance directives are a way of ensuring your desires are met.

Often, the assumption is that such preparation only matters once we’re old enough. This assumption, however, is not only untrue, but it’s also poor planning. Emergencies and unexpected events can happen at any time, and being prepared is a good idea for everyone. Ending up in the hospital with your family and friends having no clear picture of what to do when you can’t speak for yourself is a taxing ordeal. Being prepared and well-studied can not only lower the stress, but it can also cut down on fights and headaches.

Far from being the domain of the elderly, planning who gets to make decisions when you cannot make them yourself is a vital consideration for everyone. In Ohio, two legal documents deal with these concerns.

The Ohio Durable Power of Attorney for Health Care

This document allows you to name an agent, someone to make choices about your medical care if you cannot do so yourself. This includes decisions on life-sustaining treatment. Not only that but the person you appoint can also make decisions at any time you cannot decide for yourself, not just during end-of-life care. A doctor decides when you cannot make decisions and it is then when the durable power of attorney comes into effect.

You may choose a variety of people as your agent, as long as you trust them to make choices that align with your wishes. However, some people cannot be your agent. These include your doctor, any administrator of a nursing home that you receive care from, and an employee or agent of your doctor or health care facility, unless they are part of the same religious order.

The Ohio Living Will Declaration

This document is your actual living will. Inside this document, you can state your desires about health care that should take place when you are terminally ill or rendered permanently unconscious. Because you cannot make your own choices in these situations, this document can help determine what, if any, healthcare should take place. This document goes into effect once a doctor decides that you cannot make choices for yourself.

Organ Donation Enrollment Form

This form is where you can address your organ donation decisions so these wishes can be carried out even if your living will declaration cannot be located.

For Ohio to consider these documents legal, you must either sign them in front of a notary public or you must have two witnesses to your signature. These witnesses cannot be related to you, your agent, your doctor, or any administrator of a nursing home that you receive care from.

This is just a brief primer and cannot stand in for legal advice. There are also some things these documents do not cover, such as mental illness considerations. Speak to an attorney to answer any questions and make sure that your documents are valid so that they best carry out your wishes.

23 Apr 2016

3 Tips to Keep in Mind About Bail Bonds

Us DollarBail has been a part of the United States’ legal system for some time. While it is a regular part of the legal process in many cases, it is important to remember some notable aspects of bail bonds. A bail bond is paid to the courts. A person pays part of the bond themselves, and the bail bondsman pays the rest.

Tip 1: Collateral Can Be Any Resources You Have

Most of the time, a credit card is enough collateral. But you can also use a vehicle you own, real estate, jewelry, or anything that has a high value. Keep this in mind, because if you are in a tight spot or cannot access your credit card, you do have other options. When you get to place a phone call in jail, be sure to phone a family member or friend who can find a bail bond agency and knows what collateral you have.

Remember that in many cases, upon showing up to trial and going through with it, you may get the money or collateral back.

Tip 2: You Can Likely Find a Bail Bond Agency Any Day of the Year

Because anything can happen at any time, many bail bond agencies are open every day. Even if you require a bail bond on Christmas day, you will likely be able to find a bail bond agent somewhere. Remember, when calling that friend or family member, be sure they do their due diligence to find an available agent.

Tip 3: You Cannot Just Get a Bail Bond, You Have to Apply

Every bail bond agency has an application process. This could involve credit checks or questions about the person being bailed out. Some agencies only take on certain types of crimes or clients. Be sure to inquire about premiums as well. This also means potential waiting periods. As such, be sure to start the process early. Being armed with research and resources is a good idea.

While these are three bail bonds tips to keep in mind, always consult with an attorney as soon as possible. They can help guide you through this process and the trial. Be sure to ask them any question early on in the process. Keeping everyone involved and informed ensures the process functions smoothly.

11 Mar 2016

Hurt at Home? Could Your Landlord Be To Blame? Find Out.

tenancy agreementOne of the most common places we get injured is in our own homes. If you are renting, some of these injuries could be the fault of the landlord. While this is not always the case, there are a few things to consider when determining who would be liable.

Landlords are usually obligated to provide housing that meets certain minimum requirements. This usually entails things like security, livability, and safety standards. These conditions often amount to the fact that the landlord must maintain certain portions of the property and fix particular problems.

For example, a broken stair on the central staircase of your building causes you to fall and break your arm, the landlord may be responsible. If the landlord was maintaining those stairs, knew about the problem but failed repair it in a reasonable amount of time, and the repair was not a significant burden to the landlord, the landlord may be at fault. Other factors to consider are whether the results of the action or inaction could lead to serious injury. In this case, the unrepaired step can and did result in broken limbs; you can prove it was the fall that broke your arm, and that you are not making it up.

If your landlord agreed to even more responsibilities in your lease, they could be responsible for larger categories of injury and it is a good idea to consult with an attorney.

There are situations where injuries that happen because of something you did in your own apartment that is your own fault are not the responsibility of your landlord. For example, burning your hand on your own skillet \probably will not be considered your landlord’s problem.

If you and an attorney determine the personal injury was the fault of the landlord, you could file damages for any number of things, including medical costs, lost or reduced wages, and pain and suffering.

Keep in mind, however, that many aspects governing tenants and landlords are covered under state laws. That means you need to find an attorney that is local and well aware of what the law says. Keeping your attorney involved means you can determine the proper procedure and what your next steps should be.

07 Jan 2016

10 Common Misconceptions About Workers Compensation

work-injury

Workers’ Compensation Claims Aren’t Worth Filing

-Depiste the fact that you think there may be factors disqualifying your claim or you’re unsure of an outcome, there wil likely be additional benefits you’er unaware of. Even if you think you have a “minor” injury, claim are definitely worth filing.

My Employer Will Have My Best Interest At Heart

-No matter how strong of a bond you think you have with your employer, that doesn’t necessarily mean they will look out for you after an injury occurs. The best route to take is to have an experience legal partner who can help navigate the situation and ensure your interest as the top priority.

Independent Contractors Are Never Eligible For Workers’ Comp

-This depend on the situation. There some cases in which an indepdent contractor is eligible for workers’ compensation. It helps to have a good attorney when deciding in these situations.

It’s Not Worth Fighting Denied Claims

-If at first your claim is denied, you have the right to file and appeal and have your case re-examined in another eharing in front of the industrial commission.

Workers’ Compensation Claims Are Cut And Dry

-There are a number of factors that contribute to a workers’ compensation claim. Each claim has its own unique details and the outcomes and benefits can vary widely for each one. That’s why it vitally important to get an attorney experience in workers’ comensation law.

You Don’t Have Control Over Doctors Chosen To Cover Comp-Covered Injury

-In Ohio, there is no law or regulation that prohibits you from choosing your own doctor for an approved workers’ compensation claim.  

Workers’ Compensation Claims Don’t Cover Consultation; Only Treatment

-It’s a vey common misconception that workers’ compensation covers only medical treatment. This is false. There is no need for you to pay anything out of pocket for medical consultation.

Emergency Medical Services Are Covered Under Workers’ Compensation

-Given the approval of your claim, emergency room visits and emergency response servioes are both covered benefits of a workers’ compensation claim.

You’re Not Eligible To File Both Personal Injury AND Workers Compensation Claims

-You do in fact have the ability to file both claims. There are different benefits for each.

My Employer Can Fire Me If I Pursue A Workers’ Comp Claim

-Many people who file workers’ compensation claims do so apprehensively due to a fear of being fired after being hurt at work. These indivuduals need not worry because it is in fact illegal for an employer to fire an employee for filing a claim.

01 Jun 2015