Toledo Personal Injury Lawyer - injury

Injured on the job in Sandusky? | Sandusky, Ohio workers compensation lawyers

Chuck Boyk — Wed, 04 Mar 2009 14:17:00 GMT

Our Ohio workers' compensation attorney Dale Emch discusses Ohio work injuries in his most recent Toledo Blade column, "Legal Briefs." If you or someone you know has been injured on the job, contact our office today for your FREE copy of The Ohio Work Injury Book. General legal questions to be considered in "Legal Briefs" can be sent to Ohio car accident lawyer Dale Emch at demch@charlesboyk-law.com or to 405 Madison Avenue, Suite 1200, Toledo, Ohio 43604.

Dear Dale: Assume someone has a worker's compensation claim with an allowable diagnosis of lumbar radiculopathy along with a psychiatric diagnosis. Can the worker be declared to have reached maximum medical improvement for the back injury and still keep open the psychiatric claim?

Answer: The quick answer is yes.

The worker's compensation system in Ohio is designed to pay for injured workers' medical bills and replace a portion of their wages if the injury renders them unable to work. Sometimes a worker sustains more than one injury and those injuries can resolve at different times.

You referred to maximum medical improvement, which indicates a familiarity with the worker's compensation system. Those folks speak a language that leaves the uninitiated scratching their heads and wondering what was just said. Maximum medical improvement means that the worker's injury is about as good as it's going to get. That doesn't mean the person has completely recovered, just that the doctors believe the person has healed to the extent possible.

Before workers reach maximum medical improvement, they can receive compensation called temporary total disability. (See, it's more lingo. People who spend a lot of time in the worker's compensation world speak in abbreviations like TTD and MMI.) Temporary total disability pays injured workers a portion of their wages while they're recovering. Once they reach maximum medical improvement, workers who haven't fully recovered may be eligible to receive compensation for any permanent injuries.

So, in your scenario, the worker you're speaking about has a back injury and a psychiatric issue related to the workplace accident. If the worker's back has improved to the extent possible - even if recovery isn't 100 percent - that portion of the claim can be resolved. If the accident led to a permanent back problem, the worker would be eligible for a payout based on the percentage of impairment or, if the injury renders the worker unable to gain sustained employment, the worker could receive compensation to replace his or her wages.

A resolution can be reached on the back injury while keeping the psychiatric claim open. If the workplace accident caused psychiatric problems that render the worker unable to work for a period of time, the person could receive temporary total disability. Or, the worker may be able to work, but needs to have any mental health treatment covered.

The worker's compensation system can be confusing at times, but there are resources that provide good information. The state's Web site can get you started. The address is www.ohiobwc.com.

Originally posted at InjuryBoard by Chuck Boyk

Ohio roller coaster accident lawyers | Teen loses feet in roller coaster accident, settles out of court

Chuck Boyk — Wed, 28 Jan 2009 13:41:34 GMT

Kaitlyn Lasitter, a teenager from Kentucky, received a settlement from a Six Flags Amusement Park after her feet were severed during a thrill ride in June 2007. The ride malfunctioned, causing a cable to snap, swing down, and cut off the 13-year-old's feet.

Her parents later sued the Kentucky amusement park for negligence and failure to properly test, inspect, maintain, and operate the ride. The lawsuit states that if the machine operator had pressed the emergency stop button right away, Kaitlyn probably would have only suffered cuts and scrapes.

Doctors were able to reattach her right foot, but part of her left leg had to amputated. The settlement, which is to be kept confidential, will provide lifetime care for the girl.

Our Ohio amusement park injury attorneys handle cases where people are injured at amusement parks, and they see how serious these injuries can be. Roller coaster injuries, falls from thrill rides, or injuries caused by workers' unsafe practices can all have devastating consequences.

If you or someone you know has been injured while at an amusement park, contact our office today for your free consultation and case evaluation.

Originally posted at InjuryBoard by Chuck Boyk

Ohio dog bite lawyers | Ohio dog bite injuries addressed by Ohio attorney Dale Emch

Chuck Boyk — Mon, 05 Jan 2009 16:24:00 GMT

Ohio dog bite lawyer Dale Emch discusses the flip side to dog bite injuries in his most recent Legal Briefs column. If you have a general legal question you would like to see addressed, including those on Ohio car accident settlements, Ohio work injury payments, or medical malpractice, contact Dale today at demch@charlesboyk-law.com.

I heard that a dog's owner isn't responsible for a dog bite if the person bitten was trespassing. So, if I was throwing the football around with my son in my backyard and the ball went into my neighbor's yard, would my neighbor be responsible if his dog bit me when I crossed into his yard to pick up the football?

Let me give you some of the basics about Ohio dog bite law before I zero in on your question. Under Ohio law, the owner, keeper, or harborer of a dog is liable for any injuries caused by the dog. It's a very strict rule that can have some harsh results. For instance, if my dog, Simon, ran out in front of a car, causing the driver to swerve off the road and hit a tree, I'd be responsible for the driver's injuries. And that would be true even if a friend was walking Simon for me and he got away when I wasn't in town. The law imposes strict duties on dog owners, including those who have dogs as headstrong as Simon.

Given the number of dog-bite cases our law office handles, I understand why the law has developed in this way. I've represented children who have been scarred for life and adults whose dog-bite injuries have caused them to be hospitalized for days. It would be little solace to those people if the owners could escape liability by saying, "Gee, our dog has never bitten anyone before, so we had no idea this would happen." There's no such thing as a free bite in the civil arena under Ohio law.

That said, people owning or keeping dogs do have certain defenses. Under the law, it's a defense if the person who was injured was committing or attempting to commit a criminal trespass, committing or attempting to commit any criminal offense other than a minor misdemeanor, or was teasing, tormenting, or abusing the dog. So, the law includes some common-sense protections for dog owners or keepers in limited circumstances.

The key to your question is whether your neighbor would have a defense because you were considered a trespasser. The Ohio General Assembly amended the law this year to change the defense of trespass to criminal trespass. That could be significant, and I expect the change will be the source of some legal wrangling over the next few years. Prior to the change in the law, a number of courts ruled that the trespass defense was available to dog owners whether the trespass was civil or criminal.

It sounds like a small thing, but it could be crucial in a lot of cases. The distinction lies in the difference between a criminal and civil trespass. Boiled down, someone commits a criminal trespass when they knowingly enter the land or premises of another - without privilege to do so - or remain on the land or premises after receiving notice in some form that they're on someone else's property. While there's more to the criminal code section dealing with trespass, that's the general gist.

For the purposes of a civil trespass, on the other hand, it doesn't matter whether the trespasser knew or received notice he was trespassing.

So, let's look at the distinction using the framework of your question. Let's say you had to jump a fence to get into your neighbor's backyard to retrieve the football. It would be hard to say that you didn't commit a criminal trespass because you knowingly entered your neighbor's property.

Let's look at a different scenario. Let's say you were playing football on someone else's property and you had no idea where the property line was. If you inadvertently crossed the property line and the property owner's dog bit you, I would argue that you hadn't committed a criminal trespass and the dog owner would be liable. Under the old version of the law, it didn't matter whether you knew where the boundary line was for the purposes of a civil trespass. If you were bitten on someone else's property and you had no privilege to be there, you were out of luck, at least for purposes of pursuing your claim under the state statute.

As an aside, the concept of privilege is important here. For instance, a letter carrier has the right to enter your property to deliver mail. So the trespass defense wouldn't apply. Or, in your scenario, if your neighbor had seen the ball go over the fence and waved you over to come get it, you wouldn't be a trespasser.

Originally posted at InjuryBoard by Chuck Boyk

Ohio car accidents on the job can be confusing; learn about Ohio Workers' Compensation

Chuck Boyk — Thu, 11 Dec 2008 20:48:00 GMT

Ohio workers’ compensation attorney Dale Emch addresses the issue of Ohio car accident work injuries in his Toledo Blade column “Legal Briefs.” Attorney Emch answers general legal questions every other Sunday on topics ranging from Ohio dog bites and wrongful death, to medical malpractice and Ohio ATV accidents. Read his column below.

Dear Dale: If one of our employees is injured in a car accident in a company vehicle while on the job, what can we recoup from the person who caused the accident? If our workers' compensation payments increase, can the person who caused the accident be forced to pay the difference?

You've raised a few points about the degree to which someone who causes a traffic accident might be held financially responsible. To provide answers to your specific questions, it might be helpful to have a more general understanding of how much money the victim of an injury accident can recover.

Generally, the victim in a personal injury accident can recover for all of his financial loss. The injured person can recoup losses for medical bills incurred, lost wages, pain and suffering experienced, and the cost of vehicle repair. In some limited situations, such as when the person who caused the accident was intoxicated, punitive damages may be awarded as a way to punish the driver and set an example to others.

The idea is to make the injured person whole for actual expenses incurred and provide compensation for the pain experienced. The person who caused the accident is responsible for the financial damage caused to the extent the injured person can provide evidence of his injuries. Obviously, these expenses can mount quickly, which is why we're all required under Ohio law to carry liability insurance.

The same concept applies to anyone who experienced a loss as the result of another's negligence. So, if you're an employer and your employee is injured in a company vehicle, the person who caused the injury is financially responsible for the damage to your vehicle. Usually, this is the easy part of an accident claim. If it's clear that one person is responsible for causing the accident, that person's insurance company generally will settle the property damage. You may not always think the compensation offered is fair, but usually you'll get it worked out.

Applying these ideas to your situation, you should be able to recoup any losses caused by damage to your company vehicle. The workers' compensation issue is a lot trickier. In Ohio, employers either pay into a state fund or qualify for self-insured status. It's a no-fault system, which means that generally, regardless of whether the employee causes the injury or if it's somehow caused by the employer's conduct, workers' compensation will provide benefits to the injured worker.

It seems that you're concerned that if one of your employees is injured as the result of a third party's negligence, you'll be stuck paying higher premiums. This may not be the case at all. Your premiums may not budge as a result of the claim, especially if the injury was caused by a third party not related to your company.

If your injured worker brings a personal injury claim against the person who caused the accident, workers' compensation has a right to recoup any money it paid for the workers' comp claim. That recovery is based on a formula that includes such things as the amount recovered, the expenses incurred to secure that recovery, and the attorney's fees. You might get credit for the amount the system recovers on the claim, but I don't think you'd be able to sue the third party for any increase in your premiums.

I don't have enough space in the column to provide a lot of details about the impact to your workers' compensation premiums, but if you think your company may be affected by this type of situation, I'd recommend that you contact the Bureau of Workers' Compensation.

Originally posted at InjuryBoard by Chuck Boyk

ATV accidents, Yamaha Rhino accidents under scrutiny by U.S. government – Part IV

Chuck Boyk — Tue, 18 Nov 2008 17:53:00 GMT

Our Toledo, Ohio ATV accident attorneys depend on research performed by our office, along with research performed by government agencies, to provide accurate information to the general public. Statistics on ATV accidents as well as the ATV accidents our office handles are devastating, especially when the ATV accident has jeopardized a child’s health and safety.

That is why we are including the following report by Robin Ingles, which was published in December 2007 in the Washington Post. The report focuses on ATV accidents and the number of wrongful deaths and injuries resulting from them.

Read the following excerpt from Ms. Ingles’ Washington Post article, “Which Toys Are Okay? Don't Ask the Safety Police.”

One of my first projects as a statistician in the Directorate for Epidemiology at CPSC was to generate statistics on injuries and deaths associated with all-terrain vehicles. I read hundreds of police reports and autopsies of children and adults who had died when their ATVs rolled onto them or when they crashed into trees because the vehicles were too big and powerful to control.

Each spring for five years, I sat at my desk behind stacks of fatality reports that rose higher than my head. One year I hung a wall map by my desk and put dots at the location of each death: red for children, yellow for adults. By my third year on the project, West Virginia was obliterated by the tiny dots. Eventually I realized that there were too many deaths to track on a map, and it was too depressing.

In the 1990s, the industry had been bound by strict regulatory agreements with CPSC, but they had expired in 1998. Since then, the deaths and injuries have skyrocketed: In 1999, an estimated 536 people died on ATVs. By 2004 that number had climbed to 767. If current trends continue, the number of ATV deaths will soon exceed 900. In 2005, U.S. emergency rooms treated an estimated 136,700 ATV-related injuries. Last year they treated even more. A quarter to a third of the dead and injured were children.

Industry representatives suggest that the increase in injuries and deaths is the result of higher sales, but CPSC's own statistical research -- what little of it the agency has released -- shows that other factors are at work.

Click here for the full article.

If you or someone you love has been injured in an ATV accident, order your FREE copy of The Ohio Accident Book to learn your rights.

Originally posted at InjuryBoard by Chuck Boyk

ATV accidents, Yamaha Rhino accidents under scrutiny by U.S. government – Part I

Chuck Boyk — Thu, 06 Nov 2008 15:38:47 GMT

The Wall Street Journal recently reported that the U.S. government is investigating all-terrain-like vehicles, or ATVs, after numerous reports of ATV accidents have surfaced.

Our Toledo, Ohio ATV accident lawyers have seen firsthand the types of injuries that ATV accidents can cause, as well as how those personal injuries can affect a family.

In this first segment on ATV accidents, our Toledo, Ohio ATV accident attorneys will address how these accidents happen. Yamaha Rhino accidents, which seem to occur most often, can happen even when a driver is not driving recklessly.

Yamaha Rhinos are tall and have a narrow wheelbase, making it more likely that they will tip over during a turn. Even people who were wearing a helmet and using the factory-installed seatbelt suffered injuries from Yamaha Rhino ATV accidents. The types of injuries that a person can suffer will be discussed in our next blog, “ATV accidents, Yamaha Rhino accidents under scrutiny by U.S. government – Part II.”

Turning quickly, or riding up or down a hill at an angle can cause an ATV to rollover. Until 2008, Yamaha Rhinos were not equipped with doors. If a driver felt the ATV starting to tip, many times they would stick their leg out to prevent a rollover, since there was nothing to keep their legs inside the vehicle. Even seatbelted drivers would have their legs pinned under the 1,100-pound ATV.

If you or someone you know has suffered injuries from an ATV accident, you need information. Order your FREE copy of The Ohio Accident Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and can provide you with a free consultation and case evaluation.

Originally posted at InjuryBoard by Chuck Boyk

Jury Awards Trucking Accident Victim $1.25 million – Part 3

Chuck Boyk — Wed, 15 Oct 2008 10:41:00 GMT

A reinstated case brought a favorable verdict for our client on October 3, 3008. A case handled by our Tole do, Ohio trucking accident attorneys that had initially dismissed in Wood County Court of Common Pleas was reversed early this year, and the reinstated trial took place on September 30, 2008. The verdict? $1.25 million awarded to the plaintiff.

Sean McMahon, a client of our Toledo, Ohio trucking accident attorneys, and an over-the-road trucker, was parked late at night at the Stony Ridge truck stop in Wood County. He left his truck and observed a fight between one truck driver in the parking lot and another truck driver who was within his tractor-trailer. The truck driver behind the wheel, Raymond Blake, lunged his truck forward, and knocked the other trucker to the ground. Our client noticed that downed trucker was in the path of the trailer and managed to push him to safety. Unfortunately, at the same time, the trailer ran over Mr. McMahon’s lower right leg. The trucking accident ultimately caused his leg amputation.

The case was reinstated after it was initially dismissed, which gave our client another chance at obtaining the compensation he was entitled to, after suffering personal injury from the trucking accident.

On September 30, 2008, the jury found that Raymond Blake, the driver behind the wheel of the tractor trailer, caused the injuries that Mr. McMahon sustained. The jury also found that Mr. Blake was acting under the scope of his employment, therefore making Blake’s employer Continental Express also liable for the loss McMahon’s leg along with other injuries.

The jury awarded the trucking accident victim Sean McMahon $1.25 million, to be paid by Continental Express. A judgment against Mr. Blake, requiring him to pay Mr. McMahon $2,790,162 in compensatory damages and $500,000 in punitive damages, was obtained at a previous hearing. This amount has gone unpaid.

If you or someone you know has suffered personal injury from a trucking accident, you need information. Order your FREE copy of The Ohio Accident Book to learn your rights. If you suffered personal injury while working as a truck driver, you can also order a FREE copy of The Ohio Work Injury Book. Contact our office today for a free consultation and case evaluation.

Originally posted at InjuryBoard by Chuck Boyk

Child saved from wrongful death after ingesting toy magnets

Chuck Boyk — Thu, 02 Oct 2008 08:36:00 GMT

A settlement of more than $1 million was recently reached after a four-year-old boy ingested a pair of small magnets made by Rose Art, according to the Jere Beasley Report. The toys stuck together inside the boy’s digestive system, lodging in his pelvis. Surgery performed after two ER visits saved the boy from suffering wrongful death, but his will have digestive problems for the rest of his life, including abdominal pain, constipation, and diarrhea, and will be forced to always adhere to a strict diet.

The plaintiffs argued that even though there was a “choking hazard” warning label on the toy, the packaging did not disclose the severity of ingesting the magnets, or the serious personal injury that their magnetic attraction could cause.

Our Toledo, Ohio personal injury attorneys urge parents to carefully choose the toys their children play with, and supervise them at all times. Make sure the toys are age-appropriate, and cannot be swallowed.

If you or someone you love has suffered personal injury from a defective product, contact our Toledo, Ohio products liability attorneys to learn your rights and for your free consultation and case evaluation.

Originally posted at InjuryBoard by Chuck Boyk

Ohio dog bite attorney gets high review on dog bite website

Chuck Boyk — Wed, 24 Sep 2008 07:56:00 GMT

Toledo, Ohio dog bite attorney Dale Emch and his Toledo op-ed piece on Lucas County Dog Warden Tom Skeldon were mentioned in a dog bite injury website based in Seattle, Washington, with high reviews.

DogsBite.org stated in their August 23, 2008 post:

"Dale Emch is a Toledo-based attorney. He also writes The Blade's Legal Briefs column and previously worked as a reported and editor at The Blade. Emch recently wrote a piece that supports Skeldon. It is exceptional. Emch nails the true gunners after Skeldon too: 'pit-bull fans who make money by fighting or breeding the dogs.'"

If you or someone you know has suffered personal injury from a dog bite, you need information. The Ohio Dog Bite Book, written by Toledo, Ohio dog bite attorneys Chuck Boyk, Dale Emch, and Mike Bruno, focuses on what do immediately after a dog bite, as well as how to handle the insurance companies.

Some of the tips provided in The Ohio Dog Bite Book include: take photos of the injury as soon as possible, notify the local authorities and dog warden, and do not give any information to the insurance company before consulting an attorney.

To order your FREE copy of The Ohio Dog Bite Book, contact our office.

Originally posted at InjuryBoard by Chuck Boyk

Toledo, Ohio car accident attorney on tenant's rights

Chuck Boyk — Thu, 18 Sep 2008 07:52:00 GMT

Toledo, Ohio personal injury attorney Dale Emch discusses a tenant’s rights in his Toledo Blade “Legal Briefs” column. Attorney Emch answers general legal questions on all topics, including those on car accidents, dog bites, and wrongful death.

Dear Dale: My sister has been living with a guy for about three years. She has recently been trying to get him to leave because he has become verbally abusive and sometimes destructive, but he refuses. I would think that being abusive, which her neighbors
Answer: My initial take on this situation is that your sister probably can throw the guy out as long as some provision is made for him to retrieve his belongings.

But your question doesn’t address a few key details, so I’ll try to deal with the “what-ifs” in hopes they’ll be helpful to you or other readers. My main concern about booting the guy out and changing the locks would be if he can be construed to be a tenant who is renting from your sister. If he’s the type of guy who would push the matter on a legal front, it could be a hassle for her to get him out.

In Ohio, a tenant is someone entitled by a rental agreement to use and occupy a residence. A rental agreement can be written or oral. A tenant can be evicted in certain situations, but those evictions have to follow rules spelled out under the law.

For instance, a tenant can be evicted for such things as not paying rent or for holding over past the term of the lease agreement. In that event, the landlord must give the tenant proper notice that he’s being asked to leave and that his eviction could be sought. A complaint would then have to be filed in court and a hearing would be held.

Rental agreements also can be terminated without evictions. For instance, a landlord renting to a tenant on a month-to-month basis without a lease can end the agreement by giving the tenant a month’s notice that he has to move.

So, what does that mean for your sister? It really depends on what their agreement was when he moved in. If they formally agreed that he would pay a set amount of money each month to live there, he’d have an argument that he was a tenant. In that case, to be safe legally, she could give him a 30-day written notice that he must leave.

I’m guessing, though, that they didn’t have a formal agreement. If that’s the case, I don’t think he’d be a tenant under Ohio law, and therefore wouldn’t be entitled to the protections available under the law. He’d be no different than a guest, and his refusal to leave would be a trespass. If that’s the situation, my view is that she can kick the guy out today, change the locks, and make his belongings available to him somehow.

The problem is that in these situations there’s always a rub between the legal and the practical. It’s simply bizarre that your sister has told the guy to get out, but he won’t. He may be the type of guy who is going to make things ugly or messy before she can finally get him out the door, regardless of whether the law is on her side. If he has no rental agreement with her, she should ask him to leave again in front of witnesses, and if he doesn’t, she should call the police.

If he is paying rent and he won’t leave after getting written notice, have your sister contact a lawyer who deals with property-law issues so the process can be done in a legally proper way.

Originally posted at InjuryBoard by Chuck Boyk