Welcome to the Nager, Romaine & Schneiberg, Co. blog! We look forward to sharing our knowledge with you in our upcoming posts. We are an state wide law practice with officesin Cleveland, OH, Ashtabula, Ohio and Columbus, Ohio. We have a staff of more than 25 paralegals and legal assistants and 12 full time attorneys who focus on the following legal concerns:
We believe that an informed client is an empowered client, so on this blog we will bring you the latest information on popular topics. These will include personal injury, workers’ comp, car accidents, medical malpractice, insurance coverage, mass tort/class actions, nursing home neglect and abuse, and other trending topics.
Several hospitals in Northeast Ohio recently scored very low on safety in a study conducted by Consumer Reports. On a one to 100 scale, the highest score reported was a 72, while the lowest was 39. To arrive at the score, researchers evaluated each hospital on the following six factors:
The findings by Consumer Reports are disappointing, but not necessarily surprising. Unsanitary hospital conditions and errors made by medical personnel are one of the top three causes of death in this country. The report suggests that if serious changes aren't made in the medical industry, it will cost 2.25 million people their lives in the next 10 years. A huge part of this problem is that hospitals are not always forthcoming with the information contained in this report. In fact, only 18 percent of hospitals nationwide participated in the Consumer Reports survey.
Nager, Romaine and Schneiberg Co., L.P.A. is a personal injury law firm that has years of experience in medical malpractice cases. Despite the growing number of claims, medical malpractice remains one of the most difficult areas of personal injury law to prove. The burden of proof is completely on you as the injured patient to show that the doctor, clinic or hospital that treated you acted in a negligent manner. Our attorneys will aggressively pursue this proof and fight for your right to fair compensation in your medical malpractice case.
It has commonly been said that an ounce of prevention is worth a pound of cure, and this adage should be remembered when engaging in any sort of driving. Engineers at Oregon State University have found that many accidents can be prevented at controlled intersections by adhering to a few simple rules.
The Oregon State University study of car accidents focused on intersections controlled by stoplights. According to the researchers, more than 2,000 deaths occur at these intersections annually, and most of them can be attributed to decisions made in what is known as the dilemma zone.
The dilemma zone is defined as the area on the approach to the intersection while the stoplight is yellow. One of the dangerous aspects about deciding to go through an intersection while in the dilemma zone is that the duration of yellow lights is not standardized.
According to surveys, only 50 percent of drivers understand that the average duration of yellow lights is from three to six seconds. In addition, David Hurwitz, Ph.D., one of the professors who conducted the OSU study, states that humans are inherently bad at judging speed and distance, which makes for a deadly combination in the dilemma zone.
In order to avoid accidents at intersections, it helps to pay attention to the other cars around you, but you should never go through an intersection just because the car in front of you does. As a rule of thumb, if one or more cars have already gone through the yellow light ahead of you, then you should stop. However, this rule must be tempered by the situation of the driver directly behind you. If that car does not appear to be slowing, a sudden stop may result in a rear-end collision.
A report recently released by the Ohio Bureau of Workers’ Compensation (BWC) revealed that after pharmacy management initiatives were put into effect, the total number of narcotics prescribed in the state fell by 12 percent, which translates into 1.1 million doses. The pharmacy management regulations were enacted as a measure to reduce the incidence of narcotics addiction, but the regulations may make it more difficult for some injured workers to receive legitimate prescriptions.
Narcotics under fire
Narcotic medications are the strongest painkillers available, and many people rely on them just to get through the day. They are prescribed to a range of patients that include those with cancer, chronic diseases and neuromuscular disorders. They are also an effective short-term treatment for the pain associated with serious injuries.
According to the BWC report, the 12 percent decrease in prescribed narcotic painkillers has saved the state $2.1 million. The pharmacy management regulations also affect prescriptions for skeletal muscle relaxants (SMRs), which are commonly used in conjunction with narcotic pain medications. SMR prescriptions have dropped by 59 percent since the regulations went into effect.
Although the pharmacy management regulations were first implemented in September 2011, the study compares only the prescriptions filled from February 2012 to April 2012 to those filled during the same period in 2011.
The major provisions of the pharmacy management program in Ohio are as follows:
Owning a safe vehicle is a top priority for most parents and other individuals. In fact, more than 65 percent of consumers value safety over quality, price and performance. Each year, the Insurance Institute for Highway Safety (IIHS) completes independent crash tests and analyzes the safety of the year's most popular models. This year, auto manufacturers have introduced a variety of active safety features that could help prevent accidents. New safety features include lane-departure warnings, active headlights, blind-spot monitors, and collision avoidance systems that automatically activate the brakes when a pedestrian or vehicle is in the roadway.
In Ohio and across the nation, automobile accidents are at an all-time low, but there is still a significant risk of being involved in a fatal crash. For individuals between ages 3 and 34, vehicle accidents are the leading cause of death. According to the U.S. Department of Transportation, more than 32,000 people died due to vehicle-related injuries in 2010. This means that one fatal auto accident occurs every 16 seconds. Plus, whiplash and minor injuries occur more frequently. Medical care and economic losses due to lost wages cost the nation more than $99 billion each year.
In 2012, a record-breaking number of vehicles earned the IIHS "Top Safety Pick." This list includes 69 sedans, 38 SUVs, and three pickup trucks. These vehicles were graded on their ability to withstand front-end crashes, side-impact crashes, rollovers and rear-end crashes. Here are a few popular vehicles that made the cut:
While advanced safety features aren't a substitute for attentive driving, they can help reduce the number of fatal crashes or help drivers avoid collisions completely. Dangerous vehicles and inattentive drivers cause debilitating injuries. If you've been involved in an auto accident and didn't recover the compensation you deserve, contact a local Ohio personal injury attorney today.
- See more at: https://nrsinjurylaw.com/blog/the-safest-cars-of-2012/#sthash.AXQ2dpM3.dpuf
Applying for Social Security Disability (SSD) benefits can be a long and frustrating process. There are mountains of paperwork to be completed that can be both tedious and complicated. To make matters worse, approximately two-thirds of SSD benefit applications are turned down after the first submission. If you hope to beat the odds, SSD experts recommend the following tips:
If you have done all of the above and your application still gets denied, it is time to hire a Social Security Disability lawyer. The Cleveland Social Security Disability attorneys at Nager, Romaine and Schneiberg, Co. LPA have the expertise you need to win your appeal. There are several layers of appeals in the SSD system and eventually you will need to appear in court. If you attend your appeal hearing with a lawyer, your chances of winning increase dramatically.
Our attorneys help prove your claim that you are unable to complete any type of work, which is an absolute requirement for disability benefits. When you can't work and feel like you are out of options, let our lawyers help you regain control of your life. Please feel free to schedule a free consultation appointment today.
The types of injuries that can be caused by a car accident are limited only by the number of ways a person can be injured. Every part of your body is subject to injury during a car crash. However, if you look at the statistics compiled from insurance claims, personal injury lawsuits and government agencies, then you will notice that some injuries occur more often than others do. The following are the five most common types of injuries that result from automobile accidents.
Spinal injuries are sometimes referred to as either neck or back injuries, but the neck and back can suffer from sprains and other forms of trauma that have nothing to do with the spine. Spinal injuries are very serious and can occur in even minor collisions. Spinal injuries include ruptured discs, nerve damage, and fractures. The most serious of these injuries may cause chronic pain or paralysis.
Besides spinal injuries, the neck can become injured in other ways. One of the most common neck injuries is known as whiplash. This occurs when the head is violently snapped back and then forward again. Whiplash and neck strains are considered mild injuries, but they can cause temporary disability.
The back can be injured in a car accident in several ways, but the injuries are not always apparent on the scene. Some back injuries may not manifest until several hours or a few days later. After any motor vehicle accident, it is a good idea to be checked out by a doctor or EMT.
Injuries to the face during car accidents are common because the face is totally exposed and easily traumatized. Facial injuries range from minor scrapes or bruises to severe disfigurement.
Car accidents do cause physical injuries as well as psychological injuries. Serious collisions may leave drivers and passengers emotionally distressed and in shock, or they may suffer from long-term conditions such as post-traumatic stress disorder (PSTD).
If you worked in one of the country's atomic weapons programs during the Cold War, you may have developed a serious illness because of it. Even if you didn't work with atomic weapons directly, you may have lost a family member to premature death due to his or her exposure to harmful substances. In June 2001, the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) was created to provide funds to injured workers and their families. Those who may qualify for benefits include employees, contractors and subcontractors at any Department of Energy (DOE) job site or people who worked for an atomic weapons employer. Survivors of deceased employees are also eligible.
Under the second section of EEOICPA, workers who developed cancer as the result of radiation exposure or those with silicosis or beryllium disease can also apply for benefits. If eligible, affected employees would receive a one-time payment of $150,000 in addition to payment of all medical expenses. If you were exposed to uranium on the job and got sick because of it, you may be eligible for an additional $50,000.
There was an amendment made in 2004 to improve benefits and expand eligibility for the program. After the amendment, surviving family members included the employee's spouse, children under age 18 or adult children under age 23 who are full-time students. Mentally and physically handicapped adult children who depended on the deceased employee's income are also eligible for benefits.
Nager, Romaine and Schneiberg Co., LPA is a personal injury law firm located in Cleveland that can help you if you are having trouble collecting your EEOICPA benefits. Even though you are entitled to them by law, you may have been denied due to a paperwork error or another minor problem. You were there when our country needed you, so we think it is only right that you get your benefits without any additional hassle from the government.
As of August 30, drivers in Ohio will be banned from texting or using other electronic devices while driving. It is already illegal in Ohio to use a cell phone while driving without a hands-free device, so the passing of this new legislation should come as no surprise to Ohio residents.
Distracted driving is when the driver is not giving their full attention to the task of driving. Distractions can cause the driver to weave within the lane, drift out of the lane entirely, and not see potentially dangerous conditions that could cause an accident (i.e., pedestrians, stop signs). According to Ohio State Police statistics, there were 31,231 accidents between 2009 and 2011 involving distracted drivers.
Similar to the seatbelt law, Ohio has deemed the distracted driving law a secondary offense for adults. This means that an officer must observe a driver violating other vehicle and traffic laws in order to stop them. However, also like the seatbelt law, some municipalities are making the distracted driving law a primary offense, meaning an officer can stop a driver if the officer observes them texting or using an electronic device. Observation of no other traffic violation is necessary. For drivers under 18, texting and driving is a primary offense throughout Ohio.
A common statement made at accident scenes involving distracted drivers is, “I only took my eyes off the road for a second.” A second is all it takes to change someone’s life forever. This new legislation will afford more rights to victims of distracted drivers in Ohio. Victims will now be able to rely on evidence that the driver was texting or using another electronic device while driving, which lead to the collision. This will force more distracted drivers to be held accountable for their hazardous driving.
The decision to place an older family member in a nursing home is a very emotional one. You may have had every intention to care for your parent or other older relative at home, but he or she has medical needs that are beyond your level of expertise or requires constant monitoring that you are simply unable to provide. Whatever the reason for placing your family member in a nursing home, you deserve the assurance of knowing that he or she is being cared for properly. The following are just five of the more than 30 rights your loved one is entitled to according to the Ohio Nursing Home Residents Bill of Rights:
The Federal Nursing Home Reform Act of 1987 gave nursing home residents even more rights. While the above lists focuses more on how the nursing home resident lives, the 1987 provisions have greater emphasis on minimum training standards for nursing home workers. The law implemented uniform safety standards for all nursing homes in the United States.
Sadly, abuse of the elderly in nursing homes is far too common. The stress of low pay and long work hours causes some workers to hurt the very people they should be protecting. If you suspect that your older family member has been hurt by nursing home staff, contact the law office of Nager, Romaine and Schneiberg Co., LPA. We are a Cleveland, Ohio team of experienced nursing home neglect lawyers who are available for a free consultation now.
Dave Duerson graduated from the University of Notre Dame with a degree in economics. He then became a Pro Bowl safety in the National Football League. After retiring from the NFL, he took several McDonald's franchises and a food business from $24 million to $63 million in revenue in six short years. In 2011, at age 50, he died from a self-inflicted gunshot wound to the chest. He avoided shooting himself in the head so that his brain could be studied for a link between mild TBI and early-onset dementia. That was apparently his reason for taking his life – his brain just wasn’t able to do what it used to do. Boston University researchers subsequently confirmed his suspicions. His brain showed signs of a neurodegenerative disorder linked to concussions. As an NFL player, Duerson was subjected to numerous violent blows to the head. According to a massive study involving older NFL veterans, even a single mild TBI can more than double the risk of early-onset dementia like Alzheimer’s.
Neurons, or nerve cells, are like long spaghetti strands with a cell body on one end. When a head is struck a violent blow, the skull often rotates, with the brain following suit and rotating inside the skull. This rotation can stretch the axons (the spaghetti strands) of your brain’s nerve cells. This damage opens up molecular channels on the surface of the axon that transport sodium and calcium ions, and those ions flow into the interior of the axons themselves – creating a tidal wave of electrical activity. The brain reacts by pumping ions back out as fast as possible, rapidly depleting its store of energy. Exhaustion sets in and can leave a person lethargic and without energy for days. Like a computer, the brain must almost reboot before it can function normally again. Inside the axons, microtubules can break when stretched. Like a broken train track, molecular cargo can pile up rapidly. This cargo contains proteins that when broken down can form amyloid plaques. Sound familiar? They are commonly found as precursors to Alzheimer’s or other forms of degenerative brain disease.
On a more positive note, a new form of medical imaging makes it possible for doctors and scientists to see these changes where previous technologies did not reveal them. Diffusion Tensor Imaging (DTI) tracks the flow of water molecules down the length of the brain’s axons. If these molecules are seen to be moving laterally, an injury to the microtubules may have occurred. Being able to diagnose or gauge the severity of a mild TBI may aid greatly in establishing the course of treatment for individual patients.
People have been getting hit in the head for thousands of years. With contact sports, motor vehicle travel and life in general, this trend will likely continue. With increased awareness, however, great strides in prevention and treatment can take place. More and more schools are crafting practice techniques to reduce the risk of serious head injuries. Perhaps even more important, protocols are being adopted to deal with athletes who do suffer a mild TBI. Baseline tests can be administered at the beginning of a season to serve as a comparison for post-injury mental function. Players not showing a return to their baseline can be required to sit out until they’ve sufficiently healed.
In 2006, Zackery Lystedt went back out on the football field after suffering a concussion earlier in the game. After being struck in the head again, Zackery collapsed with what proved to be a debilitating brain injury. In 2009, his home state of Washington passed the Lystedt Law. This legislation requires annual mandatory training for athletes, parents and coaches. It also requires the immediate removal from sporting events of any athlete suspected of having suffered a concussion, until such time as a medical professional clears them to return. Since Washington took action, 34 additional states have followed suit.
Awareness is the key. Know the signs (review here) and don’t delay seeking medical attention. And while not everyone plays football, almost twice as many emergency room visits result from bicycling accidents. Automobile crashes account for many times more. The brain is an amazing organ. It is both durable and fragile at the same time. It contains the keys to our functioning, our personality and our identity. Guard yours well, and those of your children.
Tools You Can Use
Resources for Athletes, Parents, Coaches
Motor vehicle accidents can happen to anyone. Drunk or distracted drivers are frequently responsible for mayhem on the streets. But when celebrities have collisions, it’s usually front-page news.
While it might be entertaining to hear about celebrities who wreck their cars, it’s no fun to be in an accident. If you’ve been hit and hurt by a famous person or a civilian, contact us. We’ll help you get the compensation you deserve.
- See more at: https://nrsinjurylaw.com/blog/you%e2%80%99re-not-alone-these-famous-celebs-have-found-themselves-in-similar-situations/#sthash.K9WeYo6X.dpuf
Good article from Plain Dealer this past weekend discussing how many companies are forcing clauses into consumer contracts that bar consumers from taking their legitimate claims to court. Instead, these issues are forced into binding arbitration forums where the consumer has no chance. The right to trial by jury is the MOST UNDER APPRECIATED right bestowed by our Constitution. Most people don't appreciate how important this is to an orderly society and Corporate America is systematically eroding this right day by day.
If there's one state where you don't want to engage in workers compensation fraud, it's Ohio. The Ohio Bureau of Workers' Compensation, or BWC, aggressively pursues individuals who engage in this type of fraud. Through its special investigations unit, or SID, the BWC is tasked with deterring, detecting, investigating and prosecuting cases of workers compensation fraud. If you find yourself the focus of such an investigation, it is critical to line up competent legal counsel right away. Without doing so, you will be facing formidable battle completely on your own.
With the wealth of paperwork and documentation required to file a successful workers comp claim, law-abiding individuals run afoul of the system in many different ways. All too often, people are simply misinformed or uninformed about what is acceptable and what isn't. To ensure that you don't overstep the boundaries of Ohio's workers compensation system, you should retain an experienced attorney to assist you with your case. This is the best way to reduce the risk of becoming the focus of a BWC investigation, which could cause serious problems for you — everyday people are frequently convicted of workers compensation fraud in Ohio.
It's easy to become confused and to make serious mistakes. The right lawyer will make sure all of the paperwork is filled out properly and that the information that you provide is factual and relevant. A wealth of information about workers compensation claims in Ohio is available at the Ohio BWC website. Before filing for workers compensation, educate yourself about how the process works. Keep in mind that working while collecting benefits and filing false claims can result in serious penalties. At the same time, it's crucial to protect your rights, and the right attorney can help.
The US Supreme Court is considering a copyright case which may have a far reaching effect on a consumer's right to resell their own property. Today, many consumers resell their property (i.e., cell phones, video games, game systems, cars, text books, etc.) on various internet sites like Ebay & Craig's List. This is especially true of technology gadgets which change frequently and have consumers looking to upgrade their goods by selling their existing gadget and upgrading to the newest model. However, if merchants get their way in the US Supreme Court, that all may change. The case is Kirtsaeng v. John Wiley & Sons. Presently, a consumer can resell any good he/she purchases but merchants in the Kirtsaeng case are lobbying for an exception to this rule for goods manufactured overseas. Of course this would apply to many, if not most, consumer products from electronic devices to automobiles. You can read more in the Washington Times article linked below.
Personal injury is the frequent and unfortunate result of many accidents. Immediate medical treatment of your injuries is imperative. Yet, the ensuring feud between your insurer and the liable party’s insurer does not really aid your recovery – and it’s certainly not getting your medical bills paid. The skilled litigators at Nager, Romaine & Schneiberg Co., LPA make insurance companies take notice of Ohio’s Coordination of Benefits (COB) law, cutting through the squabbling, and getting you peace of mind that coordinated insurance coverage brings.
One of the most disturbing issues when dealing with insurance companies in the aftermath of an injury is the bickering between insurance companies over who is the primary insurer. Despite the parties having paid premiums, the insurers frequently withhold funds for medical care, leaving you open to bill collectors. Our Ohio personal injury attorneys deal directly with medical service providers and insurance companies on your behalf to get you the medical care you need. We additionally make sure the medical bills have been discharged before your lawsuit is concluded.
Ohio law defines COB as follows:
“The order of benefit determination rules govern the order in which each Plan will pay a claim for benefits. The Plan that pays first is called the Primary plan. The Primary plan must pay benefits in accordance with its policy terms without regard to the possibility that another Plan may cover some expenses. The Plan that pays after the Primary plan is the Secondary plan. The Secondary plan may reduce the benefits it pays so that payments from all Plans does not exceed 100% of the total Allowable expense.” Ohio Rev. Code §3901-8-01
In plain language: your primary insurer pays as much as possible according to the terms of the insurance policy. Then, if there are more costs that need to be covered, the secondary insurance company pays the rest, as long as the policy terms permit such a payout.
Depending upon the terms of your policies, you may be required to reimburse your insurers for medical expenses once you recover compensation as part of your Ohio personal injury lawsuit.
An on-the-job injury due to a car accident often goes beyond the standard, but already complex workers comp process. You have to demonstrate that using the motor vehicle of your accident is squarely within the realm of conducting business for your employer before you can establish that your injury is work-related.
Workers’ compensation is a collection of statutes based upon legislation that formulates administrative directives. To meet the workers’ comp statutory standard, you must be engaged in an activity that is consistent with your employer’s business in order for your car accident injury to be considered a workers’ compensation matter. This means your car accident must be in "the course of and arising out of" your employment.
The courts look at these three factors in deciding whether your car accident injury qualifies for workers’ compensation:
Some car accident cases fall squarely within the statutory framework. For example, a highway construction worker in a company truck hauling water to a worksite. Less clear is an employee transporting office mail to the post office in a personal vehicle on the way to lunch.
If you were injured in a work-related car accident that was caused by a driver in a separate vehicle, you may be able to file an Ohio personal injury lawsuit, pursuant to Ohio Revised Codes §2305.10 in addition to your workers’ compensation claim.
The Ohio Bureau of Workers’ Compensation is a statutory sugrogee, which means that benefits paid by workers’ compensation are deducted from any damages award that results from your personal injury case.
Most first-time applicants are turned down for Social Security Disability. The likelihood of your application’s approval increases significantly when you allow our experienced Ohio Social Security Disability attorneys to file your application on your behalf.
If you are covered under Social Security Disability Insurance — meaning you have worked a prescribed amount of time and paid Social Security taxes — you may be eligible for benefits.
To be approved, you must have a medical condition that prevents you from working and medical prognosis states the condition is either likely to persist for a minimum of one-year or end in death. The Social Security Administration (SSA) applies a strict federal standard of disability to applications. The SSA has published a Disability Benefits guide to assist people in understanding if they have a case.
If you filed a disability application and were turned down, our Social Security Disability lawyers guide your case through the appeals process:
Class action lawsuits are legally defined as “a lawsuit that allows a large number of people with a common interest in a matter to sue or be sued as a group.” Basically, when a group of people have suffered the same or similar injuries from the same product, one big lawsuit can be filed against its manufacturer. Class action lawsuits involve complex litigation because they address a large number of complaints at once against a usually well-protected business.
Ohio class action lawsuits are provisioned under Ohio Revised Codes as “private causes of action” at §1345.09 and applied under Rule 23 of the Federal Rules of Civil Procedure.
There are three types of class actions available under Rule 23:
Where separate actions would be adversely impact individual class members, and would “substantially impair or impeded their ability to protect their interests.”
Where the defendant must be compelled to act on grounds respective to the “class as a whole.”
Where the court must determine questions or facts mutual to the class individuals.
Most consumer class actions join multiple smaller claims from a large class of people. While it may be cost-prohibitive to litigate each small claim individually, there is indeed strength in numbers. The smaller common complaints collectively add up, increasing the likelihood of a successful outcome for each smaller claim. This is especially true when the defendant is a large corporation with endless resources.
Our Cleveland personal injury attorneys protect the rights of class members in legal actions, successfully litigating claims lateral to these examples:
The Ohio General Assembly passed legislation (HB 278) that will increase the statutory minimum financial responsibility limits for auto insurance.
The Ohio Association for Justice was the lead advocate for the legislation. Joining OAJ in support was the Ohio Insurance Institute (the property-casualty insurance trade group) and the Ohio State Bar Association.
The current minimums of $12,500 for one person injured in an accident, $25,000 for all persons, and $7,500 for property damage will increase to $25,000/$50,000/$25,000 under the new law. The increase in Ohio's minimum auto insurance coverage is the first since the 1960s and brings Ohio in line with a majority of states. The increase is expected to cost the average consumer an additional $2-$3 in premium per month.
The attorneys at Nager, Romaine & Schneiberg applaud the efforts of those who have championed this cause as the existing state minimum coverage falls far short of covering the damages caused by even minor motor vehicle accidents.
The increase will take effect nine months after the bill becomes law.
Suffering bodily harm or property loss caused by another person’s failure to use reasonable care is, in legal terms, personal injury. In determining liability in a personal injury case, the courts look for evidence of negligent or reckless actions, and whether the injury was a foreseeable result of another party’s actions.
The wrongful death and negligence issues below serve as the basis for many personal injury lawsuits:
Insurance companies often attempt to minimize your losses and coerce you into accepting a token settlement. We stand up to insurance companies for you.
Damages may be recovered for:
It is important to keep in mind that the statutory limitation for filing a personal injury claim begins counting down the day your Ohio personal injury occurs.
Your personal injury lawyer needs some time before the statute expires to be able to investigate your claim and determine if there is a personal injury case worth pursuing. It is best to act quickly and contact an injury attorney as soon as possible for the best chance at winning compensation.
The intent of Ohio’s no-fault workers compensation laws is to eliminate negligence lawsuits filed by injured workers against employers, and limit employer countersuits faulting employees for sustaining injuries, pursuant to Chapters 4121 and 4123 of Ohio Revised Code. This limitation of lawsuits typically means there is less red tape, delay, and battle to get injured workers the money they need to keep their lives on track while they seek treatment and are out of work.
No-fault workers’ compensation isn’t the absence of fault but, rather, a compromise between employers and employees to get workers the medical and temporary total disability benefits they need and deserve. Even after cutting out the litigation and back-and-forth between plaintiff and defendant that come with most personal injury claims, dealing with the Ohio workers’ compensation system is still frustrating for injured workers. That’s where we come in — it’s our job to make sure the compensation and medical attention you are entitled to are forthcoming.
Ohio’s no-fault system additionally has an exclusive remedy element, meaning once workers decide to file for workers comp benefits, they give up any rights to sue employers for negligence.
An estimated 10% of worker injuries also result in a negligence claim against either a third party or the employer due to unique circumstances that caused a workplace hazard:
Nager, Romaine & Schneiberg Co., LPA is fully staffed to handle every legal issue associated with your Ohio workers compensation case.
July 7, 2012
New York, New York – A lawsuit against the M2a Magnum Hip Implant System manufacturer alleges that excessive shedding of Colbalt and Chromium Biomet causes rejection of the device following surgical implant. Removal of the device is considered high-risk surgery.
October 26, 2011
Philadelphia, Pennsylvania – A $2.4 million verdict was awarded to the family of a patient, who died of a drug interaction following total knee arthroplasty, because a psychiatrist failed to monitor the heightened drug interaction between the patient’s regular medications of Clozaril, Anafranil and Ativan, with anesthesia and morphine prescribed in conjunction with the surgery.
August 15, 2012
Washington, D.C. – The FDA has placed a warning label on Actos®, an oral diabetes medication, due to the high incidence of Actos users developing congestive heart failure. The affected patients did not have pre-existing heart conditions. Takeda Pharmaceuticals “has been accused of concealing, or downplaying, the number and the severity of heart problems linked to Actos.”
October 22, 2010
Warren, Ohio – A jury awarded 10-year-old Haley Cobb $13.9 million in a lawsuit alleging her mother’s doctor failed to perform a timely Cesarean-section, depriving Haley of sufficient oxygen and leaving her brain injured with Cerebral Palsy.
February 7, 2011
Lee County, Florida – Kierra Smith, who was born prematurely, suffered profound developmental disabilities when the hospital’s neonatal staff administered nutrition through a central venous line that was 100-times more powerful than nutrition prescribed by Kierra’s doctor. Kierra suffered cardiac arrest, which left her with cerebral palsy and blindness.
Getting hurt is never on anyone’s to-do list. It ruins your day, messes up your plans, takes time out of your life, and it just plain hurts. Our responses to these injuries vary — some people look immediately for the lawsuit and point blame to others, and some immediately blame themselves and do not consider that someone else may have contributed to the injury.
Once you or a loved one is hurt, it is a good idea to consider the circumstances of your injury — a legal claim may be in order.
The three basic areas of consideration in personal injury law are:
If you feel someone else may have been responsible for or contributed to your injury, contact a personal injury attorney. You can speak with someone at Nager, Romaine and Schneiberg Co., L.P.A. for a free consultation by calling 1.855.GOT.HURT (1.855.468.4878) or contact us by filling out our No-Risk Consultation form.
Q: Is my consent required before my lawyer can settle my case?
A: Yes. However, if you entered into a retainer agreement authorizing your attorney to execute a settlement and release on your behalf, you effectively consented to settle the case by proxy.
Q: Can I get a copy of the settlement check?
A: Absolutely. Your rights also extend to receiving a copy of the settlement breakdown prior to the check deposit, and copies of any checks your attorney writes to cover your lawsuit expenditures. The net settlement check you receive, added to the expense checks, should total the gross settlement amount.
Q: My child received settlement money, how can I access those funds?
A: Usually, a parent cannot access their child’s settlement funds. Your child’s money is held in a bank account until he (or she) reaches the age of 18. If the child’s well-being and care are in question, the courts sometimes allow the disbursement of funds to benefit the child.
Q: How is my lawsuit settlement award collected?
A: If the defendant in your personal injury lawsuit had insurance, your attorney notifies the insurance company that a judgment has been entered. The insurer then issues a check covering damages up to the policy limit. If the defendant is uninsured, once judgment is entered with the court, your attorney may have to file a motion to enforce the judgment. Your attorney can advise you on collections measures to take, if necessary.
Q: When can I expect my personal injury award disbursement?
A: Pursuant to §1.15 in the Rules of Professional Conduct for attorneys, gross settlement award funds must be deposited into a “client trust account,” “Interest on Lawyers Trust Accounts (IOLTA),” or a “clearly identifiable fiduciary title.” Once the settlement check has cleared, your attorney then writes checks to pay your lawsuit expenses and issues a check in the amount of the net award to you.
If you have any other questions about your personal injury claim, please contact our Ohio personal injury lawyers for a free initial consultation at (216) 289-4740, toll free at (855) 468-4878 (Got-Hurt) or contact us by filling out our No-Risk Consultation form.
Being injured accident is serious business, especially if you receive a substantial injury. Plus, there’s always the added worry of who is going to pay the mounting medical bills that have accrued as a result of your accident.
Your health insurance company is first in line to cover your medical bills following an accident. Don’t be surprised if they refuse to pay your medical bills, claiming your auto insurer is responsible. Your health insurer is aware of Ohio’s Coordination of Benefits laws (COB) and subrogation laws that require them to work with other insurers, by acting as primary insurers while your personal injury case is pending. Your health insurer is reimbursed later for claims they paid out through a third-party damages award generated by your personal injury lawsuit.
Once your personal injury settlement reaches final disposition, a settlement check is issued to your attorney who writes medical subrogation checks out of the settlement. If you do not have health insurance, your car insurance is second in line to cover your medical bills. In that event, when your settlement funds do arrive from your Ohio personal injury lawsuit, your attorney reimburses your auto insurer, rather than your health insurer.
Letter of Protection
Every now and then it’s necessary for Nager, Romaine & Schneiberg Co., LPA to write a “Letter of Protection” on your behalf. This communication informs your medical care providers that you are being treated for injuries sustained in an accident, that you have a personal injury lawsuit pending, and they will be reimbursed once settlement funds become available.
The Energy Employees Occupational Illness Compensation Program Act (EEOICPA) benefits Department of Energy (DOE) workers, who experienced exposure to radiation and other toxic substances. At Nager, Romaine & Schneiberg Co., LPA, we have handled EEOICPA cases throughout Ohio, and strive to expedite your claim and quickly bring you the benefits you’re entitled to.
Cancer and radiation sickness is a common ailment of energy workers. The Centers for Disease Control and Prevention (CDC) has specified 22 cancers under EEOICPA as making one eligible for compensation. These cancers are:
The Special Exposure Cohort (SEC) program — administered by the National Institute for Occupational Safety and Health (NIOSH) division of the CDC — completes final dose reconstruction on behalf of exposed workers to determine covered worksites. Currently, 3,447 individual Ohio cases have been returned with a completed SEC report.
The Energy Employees Claimant Assistant Project has identified 35 EEOICPA covered facilities in Ohio respective to “Beryllium, AWE (automatic weapons employer), and DOL (Department of Labor)” (verbatim):
If you or a loved one is an energy worker and has suffered on the job illnesses, please contact us today to determine if you are eligible for compensation.
Much has been written about the dangers of contact sports and the effects that physical injuries sustained in our youth can have on our bodies for a lifetime. Most adults do not need to read the medical literature to know about these risks. They need only listen to their creaky knees, sore/stiff shoulders and elbows or chronic back pain. These are the adult manifestations of physical injuries sustained in those glory days. But perhaps the greatest impact for some may be caused by undetectable injuries with great psychological impact from repetitive head trauma that is common place in contact sports. Concussions. "Getting your bell rung" or "knocked silly" on the field of battle is a right of passage in football, hockey, wrestling, and boxing. But concussions can occur in many other sports and activities - skiing, skate boarding, biking, and cheerleading for example.
Recent studies have discovered a condition (chronic traumatic encephalopathy CTE) that is as real as the rush any athlete feels from competing in a sport that he/she loves. Scientists are just discovering the cause(s) and effect(s) of this condition but the initial evidence is compelling and disconcerting. The post mortem study of brain tissue from individuals that competed in contact sports have shown real damage to cell tissue which cannot presently be diagnosed in living tissue and cannot be explained by any other disease process. CTE is suspected to lead to depression and compromised brain function and the scientists who are studying this condition believe that the link to repetitive head trauma is undeniable.
Experts warn that this condition is not limited to collegiate or professional athletes but that evidence of the condition (CTE) has also been found in the brain tissue of teens. One problem thought to lead to CTE is the manner in which injured players are treated - or not treated post injury. Unlike detectable physical injuries (i.e., a fractured bone, a laceration requiring stitches or a torn ligament), brain injuries are diagnosed by subjective standards and not objective testing (i.e., xray, MRI, CT Scan). As a result, athletes are often sent back into competition before their brain has had a chance to heal. It is not known how much this plays into the development of CTE but it is believed to be a factor. We know that an athlete would never be allowed to return to a game after fracturing a bone until the injury was given the appropriate time to mend.
Protocols for head trauma are being reconsidered. Safety equipment and rules are being discussed in an attempt to limit head trauma. In the meantime, head trauma is a part of many sports and cannot be eliminated. The point of this blog article is to bring further awareness to this problem and to urge parents, players and coaches to take these injuries more seriously.
At NR&S we represent hundreds of clients each year who sustain concussions or head trauma in auto accidents and work place injuries. We are staying on top of the science in this area to best represent our client's interests.
If you'd like to learn more about the science of CTE, take a look at this video report or pick up a copy of Rolling Stone (January 31, 2013 edition) which has an excellent article on the subject.
Car accidents often happen suddenly and without warning. You may not even realize that driving is the most dangerous activity you engage in on a daily basis. While there are many traffic rules and regulations to protect drivers and passengers, auto collisions are fairly common, and many of them are caused by driver negligence, recklessness and distraction. In fact, with the advent of cell phones and texting, distracted driving is one of the leading causes of car accidents.
Check out some crash statistics from the Ohio Department of Public Safety for 2011 below and be careful out there.
When a car accident causes you or someone you love injury, you may be able to obtain just compensation for your damages with the help of a skilled attorney. Contact one right away.
Almost everyone will get in at least one car accident in his or her lifetime. However, what you may not realize is that not all car accidents are caused by other drivers. Cars are complicated pieces of machinery, and if a single component fails to work properly, it can endanger the lives of everyone on the road.
Listed below are common automotive defects that can cause injury and death:
When a car accident causes injury to you or someone you love, you have the right to file a lawsuit for compensation. An experienced personal injury attorney can provide skilled advocacy to anyone who suffers harm in a car accident in Ohio.