Brian, Zwick, Stone & AssociatesPremier Legal Advocacy For Those Facing Injuries And Disabilities2024-01-19T21:34:29Zhttps://www.brianlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1402034/2021/04/cropped-Favicon-32x32.pngOn Behalf of Brian Law Officeshttps://www.brianlaw.com/?p=486282024-01-16T21:36:50Z2024-01-19T21:34:29ZThe legal standard for wrongful death
Ohio’s wrongful death law states that a wrongful death is a death that occurs due to another person’s wrongful act, neglect or default.
Wrongful acts are typically intentional acts of aggression or violence that led to someone’s death, such as assault or battery.
Neglect is usually associated with the legal concept of negligence. This happens when someone fails in their legal duty of care and that failure causes a death.
Common examples of acts of negligence that can be grounds for wrongful death actions include defective products, drunk driving and medical malpractice.
Additionally, the law specifies that a wrongful death claim is appropriate if the deceased party would have had the right to file a personal injury claim if they had survived.
Therefore, a good way to determine if you have a valid claim for wrongful death is to examine if your loved one would have had a claim for personal injury if they survived. If you believe they would have, under the law, you will likely have grounds for a wrongful death claim.
Ohio has a two-year statute of limitations
You must act quickly when deciding if you want to file a claim to make sure you file it within the statute of limitations. Ohio’s statute of limitations for wrongful death claims is two years. This means you must file your claim within two years of your loved one’s death.
While there are some scenarios where the statute of limitations could be delayed or suspended, there is no guarantee of this, so you should make sure to file your claim within the two-year period.
If your claim is filed outside of the two-year statute of limitations period, the court will most likely dismiss the claim. This means you and your family lose out on your chance to seek financial compensation for your loved one’s death.
The personal representative files the wrongful death claim
The financial compensation you ask for in your wrongful death claim is called damages. Although the damages are based on the losses suffered by the victim’s spouse, children or other family members, the victim’s personal representative must file the wrongful death claim.
Once you have concluded you have grounds for wrongful death and meet the statute of limitations, you are ready to file your claim. There are various steps and requirements in the process and it is always best to have guidance.
]]>On Behalf of Brian Law Officeshttps://www.brianlaw.com/?p=486182023-12-05T06:59:40Z2023-12-05T06:59:40ZRecent statistics on denied SSDI claims
Sadly, statistics show a relatively high percentage of SSDI claims are denied by the Social Security Administration (“SSA”). According to the SSDI annual statistical report from 2020, an average of 67% of disability claims were denied between 2010-2019.
These statistics also reveal that a higher percentage of disability claims are awarded as part of the initial claim, with approvals ranging from 21% to 23%. Only between 2% and 8% of claims are approved on reconsideration or appeal after initially being denied.
These numbers show the importance of understanding if you qualify and how to properly submit your application for SSDI benefits to increase your chance of approval.
Why claims are denied
There are some common reasons why SSDI claims get denied. Some of these are simple mistakes that could have been prevented. Even if you ultimately get approved after a denial, the process is often lengthy and any additional delays only mean more time that you wait to get your benefits.
Lack of medical evidence of a disability is a common reason for denial. You must show that you have a legitimate disability and how this disability prevents you from working.
This is usually best proven through medical evidence, such as letters or statements from your doctors or medical providers. A detailed statement documenting your disability and clearly articulating how it prevents you from working can help you avoid a denial for lack of medical evidence.
Do not ignore SSA requests
Before denying your claim, the SSA might contact you and ask you to provide additional information or documentation. Ignoring these requests or not giving the correct information can lead to a claim denial.
Always cooperate with the SSA and comply with their requests. If you do not understand what they are asking you to do, ask them. Seek advice from a professional, such as an attorney who focuses on SSDI claims, if the SSA does not give you clear answers.
Failure to follow your doctor’s recommendations or treatment instructions is another reason your claim could be denied. You must be unable to work even though you are doing everything possible to treat your injury and faithfully following your treatment plan to qualify for SSDI.
Know your options after a denial
Prior denied applications could be a reason a new one is denied if there is nothing has changed about your situation. Many people are not aware that they can appeal a denied application and simply file a new one. The new one is not likely to be approved.
Finally, qualifying for benefits requires you to not be able to perform any work at all, or if you do work a certain job, to only earn a limited number of wages. Income that is over the required threshold could make you ineligible for SSDI benefits.
]]>On Behalf of Brian Law Officeshttps://www.brianlaw.com/?p=486162023-09-19T19:13:45Z2023-09-19T19:13:45ZCommon injuries with long-term effects
This is especially true with certain types of injuries, such as brain, back or repetitive stress injuries, which are injuries caused by using a specific area of your body repeatedly.
You may develop future physical problems such as arthritis, ulcers or chronic pain that come from your original workplace injury. Side effects from medications you took while treating your injury could even cause you problems years into the future.
The effects of injuries might also be psychological. For example, if you suffer a traumatic brain injury after hitting your head at work, you might develop symptoms such as depression, anxiety or anger problems several years after the injury.
Workers’ compensation statute of limitations
Ohio law requires you to file for workers’ compensation benefits with the Ohio Bureau of Workers’ Compensation within one year of the injury. You must also report the injury to your employer.
Your workers’ compensation benefits pay any necessary expenses related to your work injury. This includes payment for doctor visits, hospital stays, medication, physical therapy, surgery, rehabilitation, tests and travel expenses.
Even though you may not be determined to be totally and permanently disabled, you can continue to experience lifetime effects from your workplace injury. Health conditions, pain and complications can persist long after your workers’ compensation claim was closed, and benefits have been paid out.
Reopening a workers’ compensation claim
If you notice the effect of an injury years later, you might be able to receive additional workers’ compensation benefits. However, since the one-year statute of limitations will have likely run out, you must be prepared to prove that the symptoms or conditions you are experiencing now were directly caused by your original workplace injury.
Whether you can ultimately receive additional workers’ compensation benefits depends on the facts of your case and how it was originally resolved.
Reopening a workers’ compensation claim can be complicated, and not something you likely want to deal with while you are suffering from pain or health issues.
If you need workers’ compensation benefits to pay for the costs of your additional medical care, it is important to learn what steps you must take to reopen your claim. Missing a step or requirement could result in a denial, leaving you unable to pay for the extra costs.
Because there are a lot of questions involved in these types of cases, it is best to have someone evaluate your specific situation and advise you on what to do next.]]>On Behalf of Brian Law Officeshttps://www.brianlaw.com/?p=486142023-07-21T14:25:17Z2023-07-21T14:25:17Zwhich roads have a high rate of crashes can help with staying alert and perhaps avoiding a crash. When there is an accident, it is important to know what to do.
Report shows problematic intersections and strives for solutions
In its recent Crash Report and Safety Work Plan, the Stark County Area Transportation Study (SCATS) listed the worst intersections. It also makes suggestions about how to improve safety. Researchers used digital tools from the Ohio Department of Transportation to identify the areas that were at greatest risk.
The worst intersection is 12th/13th Street NW and Interstate 77. In 2021, there were 19 accidents with three people being seriously injured. For the three years before the report was compiled, there were 57 accidents in that location. In 2020, this spot was 10th worst. One in five accidents were due to drivers’ failure to yield; 16% each were because of improper turns, following too closely and making improper lane changes.
The second worst intersection in Canton was 12th Street NW and Market Avenue N. In 2021, there were 22 accidents. In 2020, there were 25. Most were because of drivers following too closely at 65%.
Next is U.S. Route 62, Harmont Avenue NE and Lesh Street NE. Notably, this was the worst intersection in 2020, but dropped to sixth in Stark County. Researchers suggest stopping vehicles from making left turns from Commercial Drive. There were 29 accidents here in 2021 and three people were seriously hurt.
Rounding out the list is 15th Street NE and Walnut Avenue NE. In 2021, five accidents happened at this intersection. One person was seriously injured. Eighty percent of the accidents were because of drivers going through stop signs.
Those impacted by an auto accident should remember their options
This information can be useful for people to be more attentive in the listed locations, but that does not mean all accidents can be prevented. People need to use these roadways to get to work, to take kids to school, to run errands and more. After an accident, it can cause myriad challenges in a person’s life including financially, physically, professionally and emotionally.
Knowing what steps are available to recover all that was lost is imperative. Discussing these alternatives with those who have three decades of experience in these types of cases can be key. So too is it important to get comprehensive answers and qualified advice after an auto accident.]]>On Behalf of Brian Law Officeshttps://www.brianlaw.com/?p=486122023-04-26T15:57:43Z2023-05-19T15:56:21Zyour workers’ compensation benefits, you could be overwhelmed with financial troubles. Your benefits allow you to keep paying your bills and take care of your loved ones who are depending on you.
Once you start receiving your benefits, one of your first questions is likely to be for how long you will receive the benefits. Ideally, you want to keep receiving the benefits until you can go back to work.
Temporary and permanent disabilities
The answer to this question depends on your specific situation and there is usually no definite answer. However, the amount of time you collect your benefits can depend on if you are temporarily or permanently disabled.
Most workers’ compensation claims are initially based on a temporary total disability. This means that your disability is likely to improve, and you should be able to return to work one day.
Your worker’s compensation benefits for a temporary total disability usually end when an independent medical exam concludes that you have reached maximum medical improvement, or your treating physician declares that you can return to work.
Maximum medical improvement
Maximum medical improvement means that your injury or condition has reached the point where it will not improve with any further treatment. If you can perform the same job you did prior to your injury, your benefits will end, and you can go back to work.
You might reach maximum medical improvement but cannot perform the same job you did before and must take a lower-paying job. In these situations, workers’ compensation benefits still end, but you could pursue wage loss benefits to make up for the lost income.
A permanent total disability means that you will never reach a point where you can return to work. You should continue receiving benefits permanently.
However, since most disabilities are temporary total disabilities, you should typically expect to receive your workers’ compensation benefits for the entire time you are off work, with some exceptions.
Additional circumstances that could cause your benefits to end
Your benefits could stop if you have not yet reached maximum medical improvement, but your employer creates work for you within your restrictions.
Other situations that could cause your benefits to end include if you become incarcerated, voluntarily work for any employer while you are receiving benefits or voluntarily quit a job.
You should be careful with these types of situations. The purpose of workers’ compensation benefits is to provide you with payments because you cannot work.
Therefore, you should not go looking for work that you believe you can do even with your injury, with the intent of making some extra money along with your benefits. You should also not start a job and then quit, expecting to start receiving your workers’ compensation benefits again until you reach maximum medical improvement.
When your workers’ compensation benefits end depends heavily on the facts of your situation and injury. It helps to get professional advice on what to expect.]]>On Behalf of Brian Law Officeshttps://www.brianlaw.com/?p=483842023-03-20T15:33:01Z2023-03-22T15:30:09Zrequirements to qualify for SSDI benefits. While there are only two main requirements, learning if you meet each requirement can be complex.
Having enough work credits
The first requirement is that you must have worked for employers who were covered by Social Security and you must have worked for a certain amount of time.
If your prior employers were covered under Social Security, you earned work credits when you were working for them. You can earn up to four credits each year.
The exact number of work credits you need to qualify for benefits changes every year. The number of necessary work credits for 2023 is one credit for every $1,640 in wages you earned. This means you will meet your four work credits when you earn $6,560.
The number of work credits you have is likely going to be higher if you are older because you have probably worked longer and earned more credits. There might be a lower requirement if you are younger, but it depends on your situation.
You typically need 40 work credits to qualify for SSDI benefits and you must have earned 20 of those credits within the past 10 years before your disability began.
Having a qualifying disability
Once you have determined if you have enough work credits, the second requirement is having a qualifying disability.
The Social Security Administration (“SSA”) has a strict definition of what constitutes a disability.
You must be fully disabled. This means that you cannot do any work at all because of your disability, including the same type of work you did in the past.
The SSA defines work as a “substantial gainful activity.” You must show that you cannot perform any substantial gainful activity because of your disability or medical condition.
Therefore, if you can perform some work, such as light duty work, or working from a computer at home, you might not qualify for SSDI.
Your disability or medical condition must also be expected to last for at least one year. If your condition is expected to improve within a year, you might not meet the SSA definition of disabled and, therefore, be ineligible for benefits.
Proving your disability
Proving you meet the definition of disabled can be tricky. It helps to have medical documentation from a doctor describing your disability and stating why you cannot perform any work and how long your disability is expected to last.
You might consider talking with an attorney before applying for SSDI benefits. An attorney can analyze your situation, advise you on your chances of qualifying and potentially help you with filing your petition.]]>On Behalf of Brian Law Officeshttps://www.brianlaw.com/?p=483822023-01-19T19:37:35Z2023-01-20T19:35:13ZFederal Motor Carrier Safety Administration.
Speeding
Speeding of any kind is one of the most common factors in truck accidents. Truckers are often paid by the mile, so the more miles they drive, the greater their paycheck will be. This incentivizes some of them to flaunt speed limits and drive faster than is safe.
Some, but not all, semi-trucks are equipped with features that prevent truckers from driving above a certain speed. Despite this, truckers will drive faster than the speed of traffic or drive too fast for road or weather conditions, leading to crashes.
Distraction/inattention
Distracted driving or simply not paying attention to the road is the second most common reason for truck wrecks. Distracted driving is, of course, dangerous for any driver. However, the danger is amplified when you are driving a large vehicle weighing tens of thousands of pounds.
Truckers can be distracted by the same things as any other driver. They may try to use a cell phone while driving. They often eat while driving to try to save time on the road. Rubbernecking or even daydreaming can take their attention off the road. Any of these activities can easily lead to a truck crash.
Impairment
Impairment is another common factor behind truck crashes. Impairment includes drunk driving, drugged driving and drowsy driving.
Truckers may use illegal drugs as a means of staying awake during long hours on the road. Alcohol can be a vice for any motorist, including truckers. And despite the fact that there are federal regulations limiting how long truckers can operate their vehicles before taking an extended rest break, some truckers will ignore these regulations and drive even if they are fatigued.
Loss of control
Sometimes, a truck crash is caused when the trucker simply loses control of their vehicle. They may swerve to avoid something in their lane or jack-knife on a slick road.
If a trucker loses control of their vehicle because they were driving recklessly, they can easily collide with another vehicle.
Vehicle problems
Truckers must ensure their vehicles are in good working order. This means checking the air pressure and treads on their tires, ensuring their brakes are not worn down and that there are not other issues with the truck that could cause it to unexpectedly break down.
Truckers who do not properly maintain their vehicles risk blocking traffic or causing a collision when their vehicle breaks down.
Negligent care and handling of trucks
All of these issues boil down to the negligent care and handling of semi-trucks. Truckers are responsible for operating their vehicles safely, which takes extra knowledge and care. If they do not do so, they can cause a deadly collision.
If you are unfortunate enough to be struck by a semi-truck while driving, you know just how devastating such collisions are. You likely lost your good health, ability to earn a living and you may suffer from ongoing pain and emotional trauma. All of these are good reasons to determine whether you want to pursue legal action following a truck crash.]]>On Behalf of Brian Law Officeshttps://www.brianlaw.com/?p=483802022-11-28T19:31:06Z2022-11-22T19:22:20Zcan be provided through workers’ compensation is important from the outset.
Understanding workers’ compensation benefits
Injured workers are covered for medical treatment including rehabilitation and prescription medication. They may also receive benefits to help them cope with the loss of income while they are recovering.
Workers can see any doctor they want for the first visit. Except in case of emergency, they will then be encouraged to see physicians certified by the Ohio Bureau of Workers’ Compensation. Workers must pay out of pocket to see a non-certified doctor. To use workers’ compensation benefits, it is important to see an approved doctor.
Temporary disability benefits
The injury itself will be a key factor in what type of benefits the person gets to help with lost wages. If the injury is not severe, the worker will only need temporary benefits. If the worker loses eight or more calendar days on the job, they can receive temporary total benefits.
While getting these benefits, the worker cannot perform any kind of work at all. If they miss 14 consecutive days, the worker will be paid for the first seven.
After returning to work, the temporary total benefits stop. In cases where the injuries are such that the worker cannot return to a normal schedule, they can work shorter days.
For example, a construction worker who suffered a back injury might not be able to do the same type of heavy lifting they did before, so accommodations will need to be made.
The amount the worker receives hinges on their wages when they were injured. It will be limited to the statewide weekly average for the year the worker was hurt.
The initial 12 weeks will warrant 72% of the weekly wage. After that, it reduces to 66.67%. It is also possible to settle the case with a lump sum.
Those seeking a partial settlement might only be paid for medical benefits or compensation benefits.
Caring and experienced representation
Working-class and blue collar workers in Canton and across Ohio are vulnerable to workplace injuries, but accidents can occur regardless of the job. To maximize your workers’ compensation benefits, it is vital to know what is available and what you need to do to get your approved, paid promptly and in paid full.
When disputes arise, it is essential to have help.
Consulting with professionals goes a long way in making sure the case is assessed on its merits and people get what they are entitled to. Having calming guidance throughout the workers’ compensation claim process can ease your fears and be a key part of a successful claim.]]>On Behalf of Brian Law Officeshttps://www.brianlaw.com/?p=483062022-10-03T13:51:19Z2022-09-21T16:06:34ZWhy does it take so long to detect mesothelioma?
Mesothelioma is a slow-growing disease. In fact, the latency period, meaning the time between exposure to asbestos and the diagnosis of mesothelioma, can be as long as 50 years. Even those who catch the condition relatively quickly may not do so until 10 years or so after exposure. For most people, though, it takes decades for the disease to be caught and properly diagnosed.
Medical experts don’t know for sure why mesothelioma takes so long to develop, but it’s likely related to the amount of inflammation caused by asbestos fibers in the lungs’ linings and the rate at which the body responds and grows cancerous cells.
But there may be other contributing factors to the latency period. For example, exposure to a higher amount of asbestos may reduce the latency period, and so, too, may long-term exposure to asbestos. Therefore, those who worked for an asbestos company and those who worked in an environment where asbestos-containing products were frequently used are at a higher risk of having a shorter latency period. Those who performed their job duties in enclosed spaces and in areas with poor ventilation also may have suffered more intense exposure to asbestos, which means that their latency period may be reduced.
Occupations that may affect latency period
Since more intense exposure to asbestos can reduce the mesothelioma latency period, those who worked in certain industries are at an increased risk of more aggressive growth of these cancerous cells. For example, those who worked in shipyards where asbestos was frequently used for its fire-retardant properties, construction workers, plumbers, steel workers, oil and gas refiners, and those who worked with asbestos-containing insulation are at an increased risk of a shorter latency period.
But even those who didn’t work directly with asbestos can end up developing mesothelioma. This is because some people develop mesothelioma after suffering secondhand exposure. This can occur when asbestos fibers are brought home on the clothing of a person who worked in a profession where exposure to asbestos was common. Secondhand exposure is less intense, which means that the latency period can be much longer.
Other factors contributing to the latency period
There may be other factors that contribute to one’s mesothelioma latency period. For example, women tend to have slightly longer latency periods than men, and individuals who were exposed to mesothelioma at a younger age tend to have longer latency periods than those who were exposed at an older age. The specific type of mesothelioma can affect the latency period, too, as some forms of the cancer are much more aggressive than others.
Consider legal action to offset your damages
Mesothelioma is devastating. Securing medical treatment can be expensive, and the disease can lead to a lot of pain and suffering, mental anguish, and the loss of enjoyment of life. In the midst of all of that, you might be worried about how you’re going to take care of your family in the long-term.
One of the best ways to offset these damages is to take legal action. This can be a complicated process, though, so you may want to consider speaking with an experienced legal professional to learn more about your options and how best to pursue the compensation that you deserve.]]>On Behalf of Brian Law Officeshttps://www.brianlaw.com/?p=483032022-10-03T13:51:29Z2022-08-02T19:08:14ZAssessing your potential for a workers’ compensation claim
Generally speaking, you’re able to recover workers’ compensation benefits if you were injured at work or if you have an injury or medical condition that was exacerbated by your job duties. The incident must have been accidental in nature. Injuries that stem from some activities are thus excluded from workers’ compensation coverage. This includes injuries suffered while fighting, violating company policies, being under the influence, or self-inflicting harm.
After you suffer your injury, you should seek prompt medical care and follow your doctor’s recommendations. You also need to report your injury to your employer. Although it may seem easiest to verbally report the injury, it’s best to do so in writing so that you create a record of your reporting. After that, you’ll need to file your workers’ compensation claim with the Ohio Bureau of Workers’ Compensation.
The issues you may face with your claim
So, if you’ve been injured at work, you might qualify for workers’ compensation. But you need to be prepared to address any arguments that might arise from the insurance company as you pursue your claim.
This might include that your injuries were suffered from some sort of intentional action, that your injury was suffered or made worse by something that you did outside the scope of your employment, or that your injuries are not so severe as to prevent you from working.
This highlights the importance of having thorough medical documentation and acting in a way that doesn’t raise suspicions as to the extent of your injury. Also, carefully think through the events that led up to your injury and analyze how you can portray them in a way that doesn’t provide an opening for the insurance company to argue that your own horseplay caused the injuries in question.
Keep timeframes in mind
Workers’ compensation claims are subjected to strict timeframes. If you fail to report your injury or file your workers’ compensation claim within those timeframes, the authorities may deny your claim.
Help is here if you need it
There’s a lot to take into account as navigate your worker’s compensation case. We know that can be intimidating, but you don’t want to make a mistake during any part of the process, as doing so could leave you susceptible to a negative outcome where you’re unable to pay for your medical care and meet your daily needs.
Fortunately, you don’t have to navigate your claim on your own. Attorneys who have proven themselves successful in handling these types of cases stand ready to help guide you through the process so that you can avoid some of the most common pitfalls seen when dealing with these claims. With that kind of support, you can maximize your chances of obtaining the financial resources that you need and deserve.]]>