The Bainbridge Firm, LLC
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May 2014 Archives

How Quickly May My Child Receive Benefits?

It can take three to five months for the state agency to decide if your child is disabled. However, for some medical conditions, Social Security make Supplemental Security Income payments right away and for up to six months while the state agency decides if your child is disabled.

Disabled Workers' Relief Fund (DWRF)

The Disabled Workers' Relief Fund (DWRF) provides an additional amount of compensation for those injured workers that are already receiving permanent total disability (PTD) compensation, if the amount that is being received is below a certain threshold. In a case where an injured worker is also receiving Social Security Disability, DWRF can still be paid but only when the amount of permanent total disability compensation received, plus the amount of Social Security Disbability being received, falls below a particular amount. In short, the DWRF payment raises an injured worker's permanent disability payments to the minimum amount as required by law. 

Can a Criminal Conviction Prevent Me From Receiving Social Security Benefits?

You must inform Social Security right away if you are convicted of a crime. Regular disability benefits or any underpayments that may be due are not paid for the months a person is confined for a crime, but any family members who are eligible for benefits based on that person's work may continue to receive benefits.Monthly benefits or any underpayments that may be due usually are not paid to someone who commits a crime and is confined to an institution by court order and at public expense. This applies if the person has been found:

OSHA cites Ohio manufacturer for serious safety violations

A single worker’s safety-related complaint against an Ohio industrial machinery manufacturer has created a ripple-effect that expanded into an investigation of the company by the Occupational Safety and Health Administration, which in turn led to 13 safety and health violation citations.

Supplemental Security Income for Children with Disabilities

SSI makes monthly payments to people with low income and limited resources who are 65 or older, or blind or disabled. Your child younger than age 18 can qualify if he or she meets Social Security's definition of disability for children, and if his or her income and resources fall within the eligibility limits. 

Who May Receive Social Security Benefits?

The Social Security System pays benefits to people who cannot work because they have a medical condition that is expected to last at least one year or result in death. Federal law requires this very strict definition of disability. While some programs give money to people with partial disability or short-term disability, Social Security does not. Certain family members of disabled workers also can receive money from Social Security. 

Intentional Torts

Ohio Revised Code § 2745.01 defines when an employee's injury is due to the employer committing an intentional tort. In an action brought against an employer by an employee, for damages resulting from an intentional tort committed by the employer during the course of employment, the employer shall not be liable unless the plaintiff proves either of the following:

What does "injury" mean?

The Ohio Revised Code § 4123.01(C) defines injury very broady to include any injury an employee receives "in the course of, and arising out of" their employment. The "course of" and "arising out of" requirement basically means that the injury must exist as a result of the employment. Workers' compensation covers injuries even if a specific incident, or accident, did not occur. This means that an aggravation of a pre-existing condition may also qualify as an "injury"

Can I Still Be Compensated If I Was Injured While Intoxicated?

Unfortunately, intoxication is an exclusionary deviation or departure from the course of employment. Voluntary intoxication which renders an employee incapable of performing the work constitutes a departure from the course of employment. Intoxication which does not incapacitate the employee from performing his or her job duties, however, does not necessarily defeat a claim for compensation. If you are concerned about not receiving workers' compensation benefits because you wereinjured while intoxicated on the job, contact The Bainbridge Firm for help. 

What does "course of employment" mean?

An employee must be within his or her "course of employment" while injured to be eligible for workers' compensation benefits. The "course of employment" component of a compensable claim tests the work-connection in terms of time, place, and activity. As a general rule, an employee acts in the course of employment while performing obligations of the employment agreement. Employees need not have actually been performing their specific job duties in order for their injuries to occur in the course of their employment. Nor must an employee be confined to injuries that occur only during the actual use of work tools during work hours, nor to injuries sustained while a worker was on the employer's premises. Injuries can occur any time, at any location, and to any magnitude, and the injured worker may still have a compensable claim under the workers' compensation system. 

Ohio farming season highlights agricultural workplace safety

Ohio farmers may already be knee deep in the farming season in the hopes of achieving robust crops this year. Many farmers rely on farm hands and other agricultural workers to accomplish all of their harvest goals. Unfortunately, agricultural workers and farmers do face risk of injury and illness on the job. According to a new study, the majority of illnesses and injuries sustained by these employees go unreported. Upwards of 75 percent of such workplace injuries and diseases are never reported by the federal agencies that are in charge of tracking workplace hazards.

Does the Magnitude of My Injury Preclude Me From Coverage?

The Ohio Revised Code does not require that an injury be of any particular magnitude for that injury to be compensable. Any injury sustained by an injured worker while in the course of and arising out of the injured worker's employment, may be compensable under the Ohio Workers' Compensation System. If you have been injured on the job, contact The Bainbridge Firm for assistance in gaining the compensation you deserve. 

Can I Still Receive Benefits If I Am an Alien, Non-Resident, or Minor?

An injured worker may receive benefits even if he or she is an alien, non-resident, or minor. The definition of "employee" under Ohio Revised Code § 4123.01(A)(1)(b) expressly includes aliens. This aids in ensuring there is no distinction between workers on the basis of alienage or citizenship. Even if an alien is subject to deportation, he or she may still be an employee under Ohio law. In addition, the law also extends coverage to all employees performing work in Ohio, regardless of whether or not that worker is a resident of Ohio. This means that if you are a resident of Indiana, but you cross over to Ohio for work with your employer, then you may be covered by the Ohio Workers' Compensation System. 

New mining regulations to limit safety hazards

Many typical work accidents cause very obvious injuries. However, the effects of some hazardous activities only show up years later. This kind of workplace injury may result in disease. A recent rise in cases of black lung disease among miners has become a major source of concern. Also known as coal worker’s pneumoconiosis, the disease develops as a result of breathing in coal dust over a long period. According to industry experts, the ailment has claimed thousands of mine workers’ lives since the 1960s.

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The Bainbridge Firm, LLC

Columbus Office
900 Michigan Avenue
Columbus, OH 43215

Toll Free: 800-762-1612
Phone: 614-545-9990
Fax: 614-224-9300
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Portsmouth, OH 45662

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Ironton, OH 45638

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Marion, OH 43302

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Cambridge, Ohio 43725

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