Why You Need Legal Representation for a Brain Injury

If you or a loved one have experienced a traumatic brain injury (TBI), it is critical that you speak with an experienced personal injury attorney. A TBI is one of the most difficult injuries for someone to deal with as the symptoms usually affect the entire body. If the brain injury has been caused by a serious blow to the head, there may be additional considerations that must be examined. 

When someone experiences a hard blow to the head, the area that is hit as well as the area near the point of impact are also affected. This may cause serious, long term impairments which can be devastating as the functions that are controlled by the area of exact impact are not the only areas or functions affected. 

The type of blow to the head is also an important factor. If injured by a spinning jolt type of injury, widespread damage may occur due to severing or stretching of cellular structures. If injured by multiple points of contact, this may lead to catastrophic brain damage, and a blast type of injury could cause serious injuries across the brain. 

Recovering from a Brain Injury

It is a long road to recovery following a traumatic brain injury. This can lead to very expensive medical costs, loss of wages and changes in lifestyle. You need a personal injury attorney who understands the importance of your physical recovery and your financial recovery. It is important to work with a skilled personal injury lawyer to get all the information right and help you through your recovery while protecting your future. 

Schiff & Associates is recognized as a trusted and experienced personal injury law firm in Ohio with a team of highly skilled attorneys, professionals and investigators. We are experienced in negotiating with insurance companies to get you the maximum settlement possible. We have helped thousands of clients, recovering millions of dollars for personal injury, wrongful death, workers’ compensation, auto accident and other claims. 

Schiff & Associates offers a team of highly skilled attorneys and professionals with experience in litigation for catastrophic injuries and wrongful death claims. We understand that your financial recovery is just as important as your physical recovery. Contact us for experienced legal representation that gets results and the settlement you deserve.

What are Workers Compensation Benefit Laws in Ohio?

If you have been injured on the job in the state of Ohio, you may be wondering what rights you have and how the workers compensation benefit laws affect you. You should first make sure to follow your employer’s procedures for filing an accident report and seek medical attention. Make sure the doctor knows that the injury occurred at work. Your employer is responsible for reporting the injury to the Ohio Bureau of Workers’ Compensation (BWC).

Temporary Total Disability Benefits

If you have been injured on the job or contracted a disease due to your occupation and are completely unable to work, you are entitled to receive temporary total disability benefits. You must be unable to work for at least two weeks as the first week is not included. Your benefit amount is determined by your average earnings prior to the injury or illness. Minimum and maximum amounts are determined by the statewide average weekly wage (SAWW). 

Temporary total disability benefits are paid in two different stages:

• The first 12 weeks – benefit payments are 72% of your wages prior to your injury up to your take-home pay pre-injury or the maximum SAWW, whichever is less.

• After 12 weeks – benefit payments are adjusted to 2/3 of your wages pre-injury, up to the maximum SAWW.

The cap on benefits determined by SAWW are adjusted each January. If you are injured in 2020, the maximum amount is $980 and reduced down to $653.33 if you are receiving Social Security retirement benefits. 

Temporary total disability benefits can last up until you are able to get back to work, until your doctor releases you or states that your condition will not improve or until a maximum time period of 200 weeks. Your employer can make another position available to you if you cannot yet perform your old job to get you back to work sooner. 

Temporary Partial Disability 

There are also benefits for lost wages due to temporary partial disability, if you cannot perform your normal work but you can perform work in some capacity. Temporary partial disability benefits are based upon 2/3 of the difference between your wages earned pre-injury and what you are able to earn now. For example, if your income used to be $1000/week, but now you can only earn $400/week, 2/3 of the difference of $600 is $400 which would be your benefit. 

These benefits are also available for up to 200 weeks, whether your employer placed you on different, light-duty work or you started a new, lower paying job.

Permanent Total Disability Benefits

If you receive temporary total disability benefit payments at 200 weeks and still have permanent limitations, you will be evaluated to determine any permanent limitations. You may be considered totally and permanently disabled if:

• You have a complete loss of the use of both arms, legs, hands, feet, eyes or any combination of two of these body parts

• You cannot hold long lasting employment with your current skills or any that you could reasonably develop

If deemed as permanently and totally disabled, you would continue to receive payments for a lifetime. 

Permanent Partial Disability Benefits

Permanent partial disability occurs if you have been permanently impaired although not totally. This type of disability is calculated in three different ways; by a percentage of overall disability, according to the loss of body parts or limbs or awarded for long term disfigurement. 

Additional rules apply and other benefits may be awarded to injured workers or survivors. It is important to speak with an experienced personal injury or workers’ compensation lawyer with experience in dealing with the BWC. 

Experienced Workers’ Compensation Lawyer in Ohio

Schiff & Associates is an experienced workers’ compensation law firm in Ohio, with vast expertise in dealing with workplace accidents and the Bureau of Workers Compensation. 

Schiff & Associates has over 35 years of experience in providing trusted legal representation in personal injury, auto accidents and workers’ compensation claims. We work with you on a contingency basis so you do not incur any fees unless we make a recovery for you. Contact us for help in navigating the complex workers’ compensation system and for skilled and experienced legal representation.

How to Get Workers Compensation After an Injury

Being injured while on the job can leave long lasting injuries which are devastating to your livelihood and overall health. It can be confusing to try to navigate through the complex workers’ compensation system without someone on your side. Very specific rules and laws apply to workplace accidents and there may be several parties involved depending on your employer, where and how your injury occurred. 

If you have any questions at all about the process or feel that you are being treated unfairly, it is important to speak with an experienced workers’ compensation lawyer. A workers compensation attorney can help you understand your rights and fight for the settlement you deserve. Be sure to seek medical attention and follow all medical advice and follow the procedures that your employer has laid out for workplace accidents and injuries. 

What to Do After a Workplace Accident

If your employer has not communicated procedures to follow after an accident, here are some of the most important things that you should do on your own to protect yourself when injured at work: 

1) Seek medical care – this is critical to begin the basis for your claim and to make sure your medical bills are covered if your condition worsens. 

2) File an accident report - your employer may have a specific form for this, if not make sure that you write down what happened and give a copy to your supervisor. 

3) Tell your coworkers what happened – you may find that your injury is a common occurrence and may be a safety issue that other employees have complained about in the past. 

4) Follow medical advice – be sure to attend all appointments and follow the doctor’s advice and treatment plan. 

5) Keep good records – keep detailed records and copies of all paperwork from each doctor visit, prescription or therapy visit. Save texts and emails with other employees regarding your accident and take notes on each phone call with your employer. 

6) Contact a workers comp lawyer – a workers comp lawyer will help you to understand the laws in your state and will fight for your rights if you are not receiving fair treatment. 

You should know that laws protect whistleblowers against speaking out about unsafe work conditions and you have legal protections if retaliated against for filing a claim. Talk with your personal injury or workers compensation lawyer about how to best protect yourself and your work comp claim as some employers will argue that you were not injured badly enough to require compensation or time off from work. 

While you do not need an attorney to apply for and receive workers’ compensation benefits, an attorney can help to protect your rights and get you the compensation you deserve. 

Schiff and Associates has a successful history of getting our clients the settlement they deserve. We work for you on a contingency basis meaning we do not get paid unless you get compensation. Contact us to learn more about your rights under Ohio’s workers compensation insurance and to speak with a skilled workers comp lawyer.

Do I Need a Lawyer for My Workers Compensation Claim?

Many people are injured on the job and most of the time their employer follows the rules and helps them recover physically and financially. Workers’ compensation insurance helps to pay your medical bills if you are injured at work and will compensate you for lost wages while you cannot work due to a workplace injury. 

In Ohio, for the first 12 weeks workers’ comp insurance will pay 72% of your pre-injury wages up to either your take-home pay or statewide average weekly wage (SAWW), whichever is less. After the first 12 weeks, work comp insurance will pay 2/3 of your pre-injury wages, up to the maximum of SAWW. Contact a workers’ compensation attorney if you have any questions about work comp laws in Ohio, or if you feel you are not being treated fairly or not receiving what you deserve. 

What Should I Do to Help My Workers’ Comp Claim? 

It is important to know the procedures that you should follow when injured at work. What you do next can affect the success of your workers’ comp claim. Some employers have specific rules that must be followed for each workplace accident. Many companies send an injured employee to a specific medical facility where they can be evaluated and given specific instructions which might entail follow-up visits, physical therapy or work restrictions. 

Following all the procedures set forth by your employer will help you to have a successful workers’ compensation claim. Be sure to attend each medical appointment and follow the physician’s instructions. If you feel you are not being treated fairly or not taken seriously for your injuries, you should definitely contact a workers comp lawyer for advice. 

Workers Compensation Lawyer in Ohio

Schiff & Associates is an experienced workers comp law firm in Ohio with knowledge on handling all types of personal injury, auto accident and workplace accident claims from minor injuries to accidental death claims. It can be difficult and confusing to navigate the legal system on your own and many employers do what they can to get out of paying a work comp claim. 

We’ll help you with highly skilled legal representation and guide you through every process such as hearings, motions, court appeals, temporary or total disability, even failure of post-accident drug tests. Do not go it alone when you can have skilled and experienced representation to protect your rights. 

Schiff & Associates has provided skilled legal representation for workers compensation claims for over 35 years. We get you the settlement you deserve on a contingency basis so there are no fees unless you get compensation. Contact us today to learn more about your rights and to speak with an experienced workers compensation lawyer.

Should I Call an Attorney After a Car Accident?

Car accidents can cause serious injuries leading to permanent disabilities or even death and create long-term financial hardships. In most auto accidents, both drivers and occupants do not have time to brace themselves prior to a crash happening. Most people are understandably shaken up with emotion, grief or pain and are unable to process the best way to respond after a car accident. 

The first thing to do when in a car accident is to tend to any immediate medical needs and police officers taking accident reports. Do not ever say that you are sorry or admit fault as this could be misconstrued later. After the initial emergency items are taken care of, you should absolutely call a car accident attorney if you or any passenger in your car are left with any injuries. 

Why You Need a Car Accident Attorney

There is no real prevention for car accidents, they happen unexpectedly and without warning. If you experience the misfortune of an auto accident, you need the right car accident lawyer to obtain the justice and compensation you deserve. The party at fault can be held legally responsible to compensate you for all medical expenses from your injuries, pain and suffering which may include disfigurement, lost wages, property damages and even punitive damages. 

Your auto accident lawyer will help you to know how to respond to the other insurance party and advise you on what you should or should not say as well as exactly what you should do after the accident. Do not speak with the insurance company of the other party without first talking with your own accident attorney. This is very important as even the most innocent statement could be twisted to try to deny your claim. 

Schiff and Associates is an experienced auto accident attorney in Ohio, dedicated to helping you receive the settlement you deserve. We make sure that you know what to say or not say and what to do after your accident to help you receive just compensation. We have provided trusted legal representation since 1982 for car accidents, personal injury cases, workman’s comp claims, wrongful death and more as we recover the maximum settlement for our clients. 

Schiff & Associates is recognized as a law firm that gets our clients the financial recovery they deserve. We have recovered millions of dollars in thousands of car accident cases just like yours. Contact us if you have any questions about what to do next and to let us protect your legal rights after your car accident.