Toledo Personal Injury Law Blog

Much has been written, and rightly so, of the heroism of fire fighters, police officers, and emergency medical personnel following the events of September 11, 2001. In the past two weeks, the bombing of the Boston Marathon and the tragic explosion at a fertilizer plant in West, Texas have reminded us once again of the vital services provided by men and women in these professions. The nature of their occupation requires that they rush to scenes of catastrophes to aid the victims, regardless of the danger to their own safety. A growing body of evidence makes clear, however, that the dangers confronting them go beyond the obvious physical hazards of the jobs they do. Studies of New York City police and firefighters who worked at the site of the World Trade Center have shown significantly elevated rates of acute stress disorder, post-traumatic stress disorder, and depression.

It should surprise no one that first responders have a higher rate of work-related mental health conditions than most other occupational groups. According to the diagnostic criteria adopted by the American Psychiatric Association, PTSD can result from exposure to an extreme traumatic stressor which involves the threat of death or serious physical injury, or by witnessing events which involve the death or serious injury of another. Decades of research into the causes of post-traumatic stress disorder have made it clear that just as combat veterans who were not wounded in action may develop PTSD, civilian workers exposed to the aftermath of terrorist attacks, explosions, or accidents resulting in death or serious bodily injury of another person can develop PTSD, even though they were not physically injured.

According to Article II, Section 35 of the Ohio Constitution, workers' compensation laws exist "for the purpose of providing compensation to workmen and their dependents for death, injuries, or occupational disease, occasioned in the course of such workmen's employment." It cannot be doubted that emergency responders are often exposed by the very nature of their employment to exactly the types of events which have long been known to cause post-traumatic stress disorder. It would seem logical, therefore, that workers' compensation laws should provide protection for the men and women called upon to risk their physical and emotional well-being to aid and protect us in times of great danger. Ohio workers' compensation law, however, does not.

Under the Ohio workers' compensation act, a psychiatric condition is not considered to be an injury, unless it was caused by some physical injury or disease sustained in the course of employment. The Ohio General Assembly has made it the law that psychological conditions are covered if, and only if, the psychological condition arose as a complication of a physical injury sustained in the course of employment. This means that police officers, firefighters, paramedics and other workers who develop PTSD as the result of exposure to extreme psychological trauma in the course of their employment are denied the compensation and medical benefits which the workers' compensation act is supposed to provide to all employees who suffer work-related injuries. For men and women in these occupations, the duties of employment require that they subject themselves to events and conditions known to cause serious and sometimes debilitating psychological harm. It is simply wrong for the law to turn its back on them.

The votes of a legislative majority may have made it the law in Ohio that there can be no psychiatric injury in the absence of a physical injury, but no legislative enactment can ever make this the truth. Fortunately, wrongs caused by acts of the legislature can be righted in the same fashion. If you think that the men and women who risk everything for our protection deserve better than they get under the present law, please contact your state representatives and state senators.

The attorneys of Gallon, Takacs, Boissoneault & Schaffer represent clients in several different types of disability cases; we do not only handle disability cases with the Social Security Administration. So over the next few weeks, I am going to highlight some of those other disability cases that we may be able to help you with - starting with OPERS.

In Ohio, if you are a public employee, instead of paying into Social Security you are paying into PERS (Public Employee Retirement System). In order to qualify for disability benefits you must have at least 60months (5years) of contributing and/or purchased service and a disability or illness (physical or mental) that renders you unable to perform the duties of your last public employment position. Also, this condition must be expected to last for a continuous 12 month period and must relate to an injury/illness that either: occurred before you terminated your contributing service, or was present before you terminated your contributing service but did not manifest itself for up to 2 years after.

In order to process your claim for disability, you must file several forms, including a physician report from your doctor. Once the application is filed, OPERS will schedule a medical review and then your application for disability benefits will go to the OPERS Board for approval. If the Board denies your application for disability benefits you do have the right to appeal and provide additional medical evidence. However, it is important to know that you do not have a large window to appeal your decision. Your appeal must be filed within 30 days from the date of the denial. Once the appeal has been filed, you have 45 days (with another 45 day extension upon request) to file your additional medical evidence - which must include a new physician report from your doctor. The Board will then review your appeal and make their decision on your disability application.

Once approved, the Board will periodically review your case to determine whether you are still disabled. For OPERS members who file for disability after January 7, 2013, after 3 years of receiving a disability benefit they will be re-evaluated under their any occupation standard. Under this standard, the member is disabled only if they can show that they are no longer physically or mentally capable of performing any position that: replaces 75% of the members' final average salary (FAS); that is reasonably found in the member's regional job market; and for which the member is qualified to do based on their education and experience.

Our firm can help you get the benefits you deserve thru OPERS. If you, or someone you know is in need of help, or has questions, please contact us.

I know it hasn't felt very warm lately, but spring is here and soon warmer weather will be upon us. With the arrival of warm weather motorcycle riders will be hitting the open roads, increasing the risk for serious bodily injuries or even death. With that in mind, all motorists need to take extra care, and make sure that they share the road with motorcycle riders.

On the road, a motorcycle rider is in a much more vulnerable position than a passenger in a typical motor vehicle. In fact, according to the Department of Transportation's National Highway Traffic Safety Administration per mile traveled, motorcyclists are almost 40 times more likely to die in a traffic collision.

All motorists need to take care and follow these quick tips...

· Remember, a motorcycle is a vehicle with all of the rights and privileges of any other motor vehicle.

· Always allow a motorcyclist the full lane width-never try to share a lane.

· Perform a visual check for motorcycles by checking mirrors and blind spots before entering or exiting a lane of traffic, and at intersections.

· Always signal your intentions before changing lanes or merging with traffic.

· Don't be fooled by a flashing turn signal on a mo­torcycle - motorcycle signals are often not self-canceling and riders sometimes forget to turn them off. Wait to be sure the motorcycle is going to turn before you proceed.

· Allow more following distance - three or four sec­onds - when behind a motorcycle so the motorcyclist has enough time to maneuver or stop in an emer­gency.

· Never tailgate. In dry conditions, motorcycles can stop more quickly than cars.

· Never drive while distracted.

Motorcyclists need to do their part as well, and increase their safety by...

· Avoiding riding in poor weather conditions;

· Wearing brightly colored protective gear and helmet;

· Using turn signals for every turn or lane change, even if the rider thinks no one will see it;

· Combining hand signals and turn signals to draw more attention to themselves;

· Using reflective tape and stickers to increase conspicuity;

· Positioning themselves in the lane where they will be most visible to other drivers; and

· Never driving while impaired.

With a little extra care and attention all motorists can safely share the road.

Getting medial treatment is an important step in your disability case. Your treatment by your doctor can outline the problems you are having and show an objective basis for your symptoms. Unfortunately, the problem that many people going through the disability process run into is that when they were forced from the workforce due, they also lost their medical insurance - and with it their means to see a doctor.

For residents of Lucas County, Care Net offers a solution. You may qualify for Care Net if you are not eligible for other public or private health insurance, have been a resident of Lucas County for at least 6 months and meet their income requirements. On the application is a list of doctors in the area who accept Care Net insurance and you will select the doctor that you would like to see. In addition to seeing a doctor, you may be able to get help with your prescriptions as well.

If you are having trouble with your disability case or if you have any questions about Social Security, please contact us.