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July 2014 Archives

Ohio business cited for violation of workplace safety rules

The law requires employers to do their reasonable best to prevent job-related injuries. The government may issue fines against employers who do not comply with this requirement. For example, the Occupational Safety and Health Administration recently cited Lowe’s, a large home improvement chain, for violating workplace safety standards. OSHA cited the company for five repeat violations and one serious violation of safety standards.

How can an attorney help with a workers' compensation claim?

In the days before the establishment of workers' compensation, if an employee suffered an injury or illness in connection with his or her employment, the means of seeking redress was frequently to file a lawsuit against the employer.

The Industrial Commission

The present Industrial Commission is comprised of three members who are appointed by the Governor with the advice and consent of the Senate, and selected from a list of candidates submitted by the Industrial Commission Nominating Council. Employees, employers, and the public each have one representative on the Commission, each of whom must have six or more years of recognized workers' compensation, expertise, and no more than two of whom can be members of the same political party. At least one of the commissioners must be an attorney registered to practice law in Ohio. 

Workers' Compensation is a No-Fault System

Workers' compensation eliminates negligence and fault as bases of loss allocation, and instead distributes the inevitable cost of injures among those parties best able to absorb them - employers as a whole. Questions of fault, blame, wrongdoing, wrongful acts or omissions, dereliction, or neglect are theoretically irrelevant under the compensation system. Whether the worker's employment had the requisite causal connection with the injury constitutes the determinative inquiry.

Workers' Compensation Generally

The General Assembly established the Ohio Workers' Compensation system to address unsatisfactory common law remedies. Workers' compensation creates a new set of mutual rights and duties between employers and employees arising from injuries sustained and diseases contracted in the course of employment in substitution for their common law rights and duties. The Workers' Compensation Act was enacted to reflect the growing public sentiment that employees should receive compensation for work-related injuries and that compensation should be regarded as a charge upon the business in which the employee worked. Workers' compensation therefore attempts to accommodate the correlative rights and duties of employers and employees. 

Teacher traumatized by student fight seeks workers' compensation

Many types of worker injuries can lead to an inability to return to work that may be compensable by workers’ compensation benefits. Most of those workplace injuries are caused by some form of physical trauma after an accident of some kind. But workers’ compensation benefits can also apply to mental and psychological trauma caused by conditions in the workplace.

Workplace accidents are hard to prevent by OSHA

Employees are often forced to trust in the companies who hire them regarding their safety in their work environment. Particular industries that are known for being more dangerous are no exception. When a workplace accident occurs, it is arguably reassuring for the victim to know that at least everything had been done to prevent it from occurring.

Going To and From Your Place of Employment

Even though most forms of employment require the employee to commute from their home to the location of the employment, workers' are not always protected against all the perils of that journey by the workers' compensation system. To aid in determining whether an injury occured within the course and scope of a claimant's employment, the courts have developed a rule known as the "going and coming" rule. Under this rule, an employee injured while traveling to or from a fixed place of employment does not necessarily sustain the injury in the "course of employment."

NFL players, including in Ohio, tackling workers' compensation

Most workers' compensation cases are expected to address injuries and illnesses caused by unusual incidents in the workplace that are usually the exception rather than the rule. But workers in one profession in the middle of a fight for workers' compensation benefits suffer serious injuries on a weekly basis.

Head injury sends Ohio construction worker to the hospital

Construction work can be among the most hazardous of occupations that any individual can choose to engage in, whether the project involves the erection of a massive new commercial office tower or something as simple as a home remodel.

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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 Office
611 Court Street
Portsmouth, OH 45662

Toll Free: 800-762-1612
Phone: 740-353-7548
Fax: 740-353-1984
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Ironton Office
119 North Fifth Street
Ironton, OH 45638

Toll Free: 800-762-1612
Phone: 740-532-9772
Fax: 740-532-3127
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Marion Office
198 East Center Street
Marion, OH 43302

Toll Free: 800-762-1612
Phone: 740-387-6727
Fax: 740-382-5816
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120 Southgate Parkway
Cambridge, Ohio 43725

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Phone: 740-435-3342
Fax: 740-435-3329
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Waverly Office
112 North Market Street
Suite B
Waverly, OH 45690

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Phone: 740-835-8890
Fax: 740-835-8891
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