If you are a Veteran of the United States military and you have a service-connected disability, you can qualify for disability benefits from the Department of Veterans Affairs (VA). Usually, in order to qualify the Veteran has to prove that an incident or accident or exposure to a noxious substance occurred while in service, that s/he suffers from a medically diagnosed condition, and that it is "as likely as not" that the medical condition is a consequence of the in-service injury or exposure.
It is almost once a week that I meet with a new client who has suffered a workers compensation injury and is told by the employer that he/she can't file a claim because they did not complete an accident/incident report within 24 hours of the injury. This is a blatant lie! Oftentimes, people will have injuries while doing there jobs (either a specific incident or repetitive trauma injuries) and will not report the injury to the employer. Sometimes, they do not report it immediately because they think it is just a pulled muscle and will get better with rest and unfortunately, it only worsens. Other times, they are unaware that the problem is caused by their job until they seek medical treatment and talk to a physician.
We recently had a similar question come up with one of our clients. The short answer is yes. There are no laws or provisions prohibiting a person from receiving unemployment while they are applying for disability. Applying for, and waiting out, disability can be a long process. More often than not, disability can take up to two years (and sometimes more) from the date of filing to a hearing. As such, unemployment is often the only income available to the injured during that period.
In addition to the battle that is being waged politically in the Ohio House and Senate against red light camera law enforcement in the state of Ohio, the courts are now getting involved. The use of red light cameras as a law enforcement device has been crippled by recent court rulings in Lucas, Butler and Hamilton counties. In Walker vs. the City of Toledo, Court of Appeals No. L-R-1056, the court held that the City of Toledo's red light enforcement law "divests the municipal court" of its ability to enforce the law and violates a motorist's due process rights by leaving him with limited ability to contest traffic citations. Similarly, in a recent Butler county case, the court noted that administrative systems, like the red light traffic enforcement program, make it difficult to challenge red light camera tickets leaving great concerns about due process.
Whew, that winter was rough, hopefully mother nature has had her fill and it will be blue skies and sunshine from here on out. With such a long winter, motorcyclists must sure be getting anxious to hit the open road. However, once on the road, all drivers need to take extra caution. Without a doubt, a motorcyclist is in a much more vulnerable position than his fellow car and truck drivers. 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.
Another terrible snow storm brings another freezing morning of cleaning the ice and snow from the car before getting on the road. We know that it is the safe thing to do, but is it illegal to drive my car in Ohio if I don't?
On February 18, the Ohio Supreme Court issued a decision regarding eligibility for statutory awards for loss of vision and hearing which is deeply flawed and cause for concern on the part of all people who have been, or may be, seriously injured in the course of employment. State, ex rel. Smith v. Industrial Commission, 2014-Ohio-513, involves the claim of George Smith, who is in a persistent vegetative state as the result of permanent brain damage resulting from complications of surgery related to his work-place injury. Medical evaluations found that he did not respond to the spoken word or to visual stimulation. The examining physicians agreed that the damage to his brain left him unable to process visual or auditory signals and that, as a result, he could neither see nor hear. Based on this information, Mr. Smith's attorney argued that because the work-related injury to his brain left him unable to see or hear, he was entitled to statutory compensation for total loss of sight and hearing.
It is the time of the year that our office starts to get calls from our clients who filed for Bankruptcy during the past year. They have either just received a 1099-C or are about to make a trip to their tax preparer. They are concerned about whether the canceled debt is to be included in their gross income for their 2013 income tax return.
Many injured workers' are familiar with the Bureau C-9 form, formally known as the Physician's Request for Medical Services. This is the form medical providers use to request treatment, medical equipment or supplies in a workers' compensation claim. In addition to requests for treatment/services, the form also contains a section for the medical provider to indicate additional conditions that may be related to an industrial injury.
Social Security has recently announced a new program to help disabled Veterans get quicker decisions on their disability applications. This program will help speed up the process for those Veterans with a 100% permanent total disability rating from the VA. Social Security has been quick to say that this will not guarantee a favorable decision on your disability case. But it will help speed up the process. You can still have an attorney assist you with filing the initial application for benefits on your disability claim.