Toledo Personal Injury Lawyer - Workplace Injuries

Construction Woker In Critical Condition After Fall

Chrissie Cole — Fri, 28 Aug 2009 11:07:00 GMT

A construction worker is in critical condition after falling from a scaffold onto Interstate 75 Wednesday.

Edmond Gourdon, 42, of Covington, La., was taken by medical helicopter to University Hospital in Cincinnati, after falling from the Kyle Station road bridge on to the highway, Ohio State Highway Patrol officials said.

According to troopers, Gourdon was standing on scaffolding beneath the bridge when he fell, landing in a construction zone.

The U.S. Occupational Safety and Health Administration’s Cincinnati office is investigating the accident, which can take up to six months to complete.

Originally posted at InjuryBoard by Chrissie Cole

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

Personal injury at work not to be taken lightly

Anneke Kurt — Thu, 10 Apr 2008 17:24:21 GMT

Injuries occurring at work should not be taken lightly. Our Toledo, Ohio workers’ compensation attorneys understand that workers’ compensation claims are much different than the negligence that result from situations like car accidents or dog bites. In a negligence case, you can be compensated for your medical bills, damage to your property, and your pain and suffering. In some cases, you can even seek additional money to punish someone for their bad behavior, such as when you’re struck by a drunk driver. If a lawsuit needs to be filed, it’s done through the court system and the case is heard by a judge.

The worker’s compensation system was set up to eliminate many of the claims that could be brought through a negligence case. The Ohio General Assembly designed a system that helps employers minimize the costs they might have to bear through employee personal injuries. The theory is that if employers had to pay for things like pain and suffering, or punitive damages, it would be too expensive to do business. Having to defend the cases in court would cost even more money. Whether or not you believe that’s fair to employees who are hurt on the job, that’s the system we have. Instead of having cases heard by a judge or jury, work comp claims are handled through an administrative hearing officer.

The state requires employers to be self-insured or to pay into a fund that is used to compensate injured workers for things like the wages they lost due to the injury and for their medical bills. It’s a no-fault system, which means that it doesn’t matter whether you were injured because of your own actions or as the result of a co-worker or supervisor’s actions. If you were injured on the job, you’re generally allowed to file a claim and get some type of compensation.

In some situations, if an employer’s actions were so outrageous because they ordered an employee to undertake a very dangerous task without the proper safety conditions or if they failed to correct a known safety hazard, the case can be taken out of the worker’s compensation system. The legislature, though, has made filing these types of lawsuits extremely difficult so not many people would qualify.

Originally posted at InjuryBoard by Anneke Kurt

Toledo, Ohio construction worker struck by car, suffers personal injury

Chuck Boyk — Thu, 29 Nov 2007 01:57:55 GMT

A Toledo construction worker suffered personal injury last Friday after being struck by a passing car, according to the Toledo Blade. The car-pedestrian accident occurred shortly before 11:00am on West Bancroft St., sending 60-year-old Thomas Farster to Toledo Hospital with undisclosed personal injuries.

Our Toledo, Ohio personal injury attorneys see the devastating effects caused by car accidents involving pedestrians, especially those that occur on the job. Our Toledo, Ohio workers compensation attorneys handle cases where workers suffer personal injury, including those that involve automobiles.

Originally posted at InjuryBoard by Chuck Boyk

Toledo, Ohio workers compensation attorney Chuck Boyk interviewed on Channel 13 ABC

Anneke Kurt — Tue, 27 Nov 2007 16:16:04 GMT

Toledo, Ohio workers compensation attorney Chuck Boyk was interviewed earlier this month on Channel 13 ABC in a special report on workers compensation. Workers compensation is paid when a person injured at work files a claim to cover costs such as time lost on the job or medical bills. The special investigation discussed workers compensation fraud, which occurs when an employee injured on the job claims he is too hurt to go back work, but puts in time at another place of employment.

Chuck Boyk, a Toledo, Ohio workers compensation attorney, has handled over 1000 workers compensation cases in the past ten years, representing indisputably injured workers. When asked to comment on hidden camera evidence reflecting workers compensation fraud, Chuck Boyk had this to say, "What they never show you is the 30 to 40 tapes they made following the people where they don't find anything."

Check out Chuck Boyk's November 12, 2007 interview on Channel 13 ABC by clicking here: Toledo, Ohio workers compensation attorney.

Originally posted at InjuryBoard by Anneke Kurt

Construction accidents kill two men in Toledo

Dale Emch — Tue, 10 Jul 2007 14:52:48 GMT

Flags in Toledo were lowered to half-staff today after the deaths of two construction workers at separate job sites.

Both Tommy Zunk and Walter Minarik were killed in tragic construction accidents that involved cranes.

These fatalities show just how dangerous construction work can be. With the construction boom that Toledo is experiencing between the just completed I-280 bridge project and the schools that are being built across the city, safety precautions are crucial.

Mr. Zunk, of Fremont, was killed at Toledo's Bay View Wastewater Treatment Plant when a counterweight fell from a crane, according to the Toledo Blade.

Mr. Minarik, of Perrysburg, also was killed in a crane accident when he became pinned between the crane and counterweights, the Blade reported.

Unfortunately, state law makes it very tough on workers and their families to sue their employers for on-site injuries. Generally, claims must go through the worker's compensation system. To learn more about worker's compensation claims, please see the information on www.charlesboyk-law.com or call 419-241-1395 for a free special report on this area of the law.

For more information on this subject, please refer to our section on Workplace Injuries and Discrimination.

Originally posted at InjuryBoard by Dale Emch

Worker Killed in Construction Accident

Christina Cole — Wed, 17 Jan 2007 01:58:11 GMT

A construction worker was killed on a job site after a backhoe backed over him, said police.

William Joe Williams of Garrison Construction was pronounced dead on arrival at the Peach Regional Medical Center, said Fort Valley police Captain Joe Saxon. Williams was bent over when he was hit by the backhoe that was driven by Eugene Maxwell, said the officer.

No charges are expected against the operator of the backhoe.

Originally posted at InjuryBoard by Christina Cole

Man Dies After Construction Accident

Christina Cole — Thu, 04 Jan 2007 03:32:26 GMT

Yesterday, a man fell to his death after an accident on a New York construction site.

A two-ton beam fell on a front end loading machine the worker was operating, trapping it, said Authorities. The worker tried to use the machine to push the beam off of the building's second story ledge. Instead, it dragged him and the machine along with it. The worker was taken to the hospital where he died.

Originally posted at InjuryBoard by Christina Cole

Worker Falls 2 Stories to his Death in Construction Accident

Christina Cole — Wed, 03 Jan 2007 22:27:31 GMT

A construction worker operating an excavating machine during demolition of a vacant building fell to his death when a concrete beam fell off of a second story ledge, dragging the vehicle with it.

A preliminary city report indicates the worker was using a front-end loader to push a 60ft. concrete beam to the ledge of a Bronx building's second floor when it got stuck. When attempting to dislodge the 2-ton beam, the worker pushed it off the side of the eight story building. But the beam dragged the machine with it, falling approximately 26 feet. The worker, thrown from the machine, was taken to the hospital where he was later pronounced dead.

The city's Department of Buildings stopped work at the site and issued a violation to the contractor for unsafe demolition practices. Common practice would be to cut the beam into pieces before removing it.
Engineers from the buildings department and inspectors from the U.S. Occupational Safety & Health Administration were investigating.

Originally posted at InjuryBoard by Christina Cole