Workers Compensation: Are You Entitled to It?

 

    Accidents can happen at the most inopportune times. Being involved in a workplace accident is one of those times. Something happened at work and now you are injured or sick. What steps do you need to take to see if you are eligible for workers compensation? 

    First, take care of your injury. If you injury or illness requires medical attention, seek it out immediately. Secondly, report the injury to your supervisor, in writing if at all possible. Some states require that notice to the employer should be in writing, while others allow a verbal notice. A few states have a short filing date (referred to the statue of limitations), you need to file sooner rather than later so you do not lose any legal rights to workers compensation benefits. Try to do it within 30 days just to be safe. In lots of cases, an employee will fail to report their injuries because of fear of losing their job. That is why it's super important to find a skilled attorney if you have been denied the proper benefits or if you have just failed to receive adequate compensation.

    In Ohio, the statute of limitations is within 2 years from the date of injury or death; within 2 years from the date of payment of any compensation or wages in lieu of compensation; or within 2 years of authorized medical care.

    Now for the most important part of getting the correct workers compensation: the doctors report. This report will have a big impact on whether or not you receive the benefits you deserve or if you will be left with nothing. Please keep in mind that the doctor paid for by your employer's insurance company is not their for your benefit. Unfortunately, in the desire to get further business with your employer, a doctor may minimize the severity of your injury or try to pin in on a pre-existing condition. 

An attorney can also make sure that physicians other than the employer-approved doctors examine the claimant. This ensures the employee has the medical documentation needed to support their claim for benefits.

Most injured employees will be granted the maximum  benefits from workers compensation insurance when they use an experienced attorney. If you are located in Ohio, this is a result of the lawyer knowing a comprehensive understanding Ohio workers’ compensation system and can navigate their client through the process.

    Don't hesitate and miss out on your workers compensation benefits. Let the experienced attorneys at Badnell & Dick Company help you with your claim. We have the trial experience and proven results to try your case to a jury. Our experienced attorneys and staff  have the resources and know-how to help you obtain the maximum amount of benefits to which you are entitled. Call us at 800-234-9511 when you are in need. .

    

What To Do in the Case of a "Slip and Fall"

Slip and Falls can happen anywhere and anytime.

 Imagine yourself walking around the grocery store. Drifting in-between the aisles looking for items on your shopping list. You come across the frozen food section and as you're browsing the food in the fridge, you slip and fall on an unsuspecting puddle of water leaking from the air conditioner above. This is a prime example of a "slip and fall" case as it was the negligence of the grocery store that caused your accident and they will likely be responsible for the medical expenses and personal injuries you incurred from the incident. 

    To determine if your Slip and Fall should be pursued legally, you should speak to a personal injury attorney as soon as possible. Next, you should report your accident to the property owner or the highest ranking person in order to protect your legal rights and compensation amount. The liability of the Slip and Fall case usually falls squarely on the shoulders of the owner of the property in which the accident occurred. However, you must show that the owner was negligent and that the accident could have been avoided in order to continue with a case. 

    After contacting a personal injury attorney and solidifying the basis of your claim, it's time to help your attorney by collecting as much evidence as possible so that they can build a strong case and get you the financial settlement you deserve. 

   The important pieces of evidence you should always try and collect are: 

• Your clothing and shoes
• Any surveillance footage 
• Pictures of your injuries
• Medical records
• Pictures of the object or dangerous condition that caused your accident
• Witness statements
• Accident report

Be aware of comparative negligence and how it will affect your case. This is a procedure used in personal injury cases to determine what percentage of fault rests with the plaintiff and what percentage rests with the defendant. The amount of damages the plaintiff is rewarded will be reduced by their percentage of fault for the incident. 

    

    Let the experienced attorneys at Badnell & Dick Company take your claim and help you get legal coverage you deserve. We never work with insurance companies. We only represent injured people. While your medical bills add up due to the injury, insurance companies will try and force you to settle quickly, often far less than what your claim is worth. If your personal injury claim cannot be settled, the Badnell & Dick Company personal attorneys have over thirty years combined experience with proven results to try your case to a jury. Come visit our offices in Mansfield, Columbus, Dayton, Lima and Canton to hire one of our qualified and experienced personal injury attorneys 

    

Dog Bites Are Not Minor

Maybe you are walking along the street in your neighborhood, riding your bike, or getting out for that jog. As you are moving, you see that house that you don't really want to pass. You see it. The dog that lives there. The dog sees you and starts giving chase, and before you have a chance to react, you've been bitten. Perhaps the owner saw and reacted, or maybe they did not. Regardless, you are now injured.

A dog’s front teeth will grab and compress your tissue, and their smaller teeth can also tear your skin. The result is an open, jagged wound, so you need to immediately follow these 7 steps to care for the injury. 

1. Wash the wound. Use mild soap, and run warm tap water over it for five to 10 minutes.
2. Slow the bleeding with a clean cloth.
3. Apply over-the counter antibiotic cream if you have it.
4. Wrap the wound in a sterile bandage.
5. Keep the wound bandaged and see your doctor.
6. Change the bandage several times a day once your doctor has examined the wound.
7. Watch for signs of infection, including redness, swelling, increased pain and fever.

The last step is the most important because, according to Cleveland Clinic emergency medicine physician Stephen Sayles III, MD, infection is the biggest danger from a dog bite. No matter what, make sure you see a doctor within eight hours of a dog bite, he says. Waiting longer raises your infection risk. If you have diabetes or are immunocompromised, your infection risk is even greater.

After that, you need to report the dog attack to animal control, identify any possible witnesses, and speak to a personal injury lawyer who has experience with cases that involve dog attacks.

Be sure to document the attack with photographs or a video recording. Take photos early and often with a cell phone or whatever you may have available. This will show the severity of the wound and can help during the case.

In Mansfield, Lima, Dayton and Columbus, the attorneys of Badnell & Dick, LPC stand ready to help you. Our attorneys will handle all telephone calls, correspondence and negotiations with insurance companies on your behalf. We will also find healthcare providers to treat your injuries. There is never a fee to you unless you are awarded a settlement for your case. You are entitled to aggressive representation to protect your rights.

5 Steps to Dealing with a Personal Injury or Injury at Work

If you think you or a loved one has suffered from an injury that was the fault of someone else or caused by unsafe working conditions, there are simple steps to take to get the justice you deserve. If you do a Google search, you will find here is a lot of information about what to do and where to begin. But the attorneys at Badnell & Dick are here to make it a simpler legal process and less confusing for their clients. Our 5 tips can help you win your case.

1. Find a New Doctor. Patients who are dealing with a non-fatal experience should immediately end care with the doctor that their workplace provided. This should be done very quickly. Patients have the right to choose who they get their medical care from and this will allow for a second opinion.

2. Request Your Medical Records. Most of the times before a new doctor will further diagnosis you they will want to read your medical charts to see what has been done, and any outside or previous health factors. You will also need these records for your legal case so be sure you have a copy for yourself, and one for your legal team as well.

3. Keep a Journal. A personal record of your health, and symptoms that have come and gone is an important record. It can track anything that has been caused because of injury or sickness. In this journal you can also add in how the mishap has affected your day to day life. Try to include as many details as possible about how it has interfered with your day-to-day life.

4. Do not make contact with other involved parties. Make it very clear to those around you and your new medical team to not speak to anyone other than your lawyer. You should not warn your the individual or workplace that you are considering a lawsuit, and do not leave any potential signs of the case on social media such as bashing the office or talking about making a case. It is best to talk to your lawyer and let them do the communicating.

5. Choose a good lawyer. You will want to make sure the law firm you work with has experience in winning personal injury and worker's compensation cases. Schedule a consultation to meet with the lawyer you chose and ensure they can handle the extent of your case. Be sure to not leave out any information when talking with them. They will begin prompt investigation so you can focus on healing.

At Badnell & Dick, we work on a contingency fee basis for all Disability, Personal Injury, and Workers’ Compensation cases. As a result, there are no upfront costs for you. Our firm will obtain the necessary records, pay any associated costs, and hire the necessary experts. This means that you only pay after we have successfully resolved your case. Your case and your needs will always be our first priority. We will never settle a case because we need the money. We make all settlement negotiations and trial decisions with your input. This means that you have the final say about how and when your case is resolved.

What To Do When You Are In An Auto Accident

No one expects to have a car crash, but more than 6 million people in the U.S. are involved in crashes every year. From a minor fender bender to a major accident, they can and will happen, so here's what to do when it happens to you.

1. Check the scene for injuries and danger. Safety is your first priority after a crash. Take stock of yourself and any passengers to assess your condition and safety. 

2. Move to safety and/or call 911. If everyone in your car is okay, move out of possible harm's way, to the sidewalk or shoulder of the road. If anyone is injured, call 911, turn off your car, turn on your hazard lights and wait for emergency services to come and help.

3. Call the police. Even if the crash is minor and nobody is hurt, you should call highway patrol or the local police. In some states, you're required by law to file an accident report with local law enforcement. The officer will ask for your license, registration, insurance and other information. In turn, request the responding officer's name, badge number and contact info. Also ask for a final copy of the police accident report for insurance purposes.

4. Exchange information from the other parties involved in the crash. That includes each driver's full name, home address, email address, phone number, driver's license information, insurance company and policy number, and license plate numbers. (You may want to photograph some of this information; see tip number 6.)

Also note the relationship of the driver to the owner of the car (if he is not the owner) and the car's make, model and color. If there are witnesses, get their full names and contact info as well.

Do not sign any documents unless they're for the police or your insurance agent.

5. Keep the conversation constructive. Emotions will be running high, but try to keep your cool. It's not up to you and the other party to figure out who is to blame. Just exchange all the necessary information and allow the insurance companies and their attorneys to sort out the rest.

6. Take photos. Use your cellphone to document the collision. Take pictures of all the vehicles involved in the crash from every angle, showing any damage, as well as where the crash occurred and other relevant evidence at the crash scene, such as road hazards and skid marks. It's also helpful to take photos of the other vehicle's license plate and the driver's license, registration and insurance documents in case you misplace your notes or jotted down something incorrectly.

Some insurance companies have an app you can use to submit photos, rather than wait for an adjuster to come out to assess the damage.

7. Record what happened. Write down everything you remember about the crash, including time of day, weather, road conditions, location, what the other cars were doing and any other pertinent details. If you don't have a pen and paper, dictate it into your phone using your notes tool, or send a voice-to-text memo to yourself. That way you'll be sure to have every detail you might need later for insurance purposes.

8. Contact your insurance company. Call as soon as possible, even from the crash scene, to get the claims process underway.

9. Double-check yourself for injuries. In all the commotion following a collision, it's possible to be injured and not realize it. If you later think you've been hurt, see your doctor right away. Injuries from car crashes typically become part of your automobile insurance claim. And sometimes you might need an attorney to get the compensation you deserve for those injuries.

Let the experienced attorneys at Badnell & Dick Company help you with your claim. We have the trial experience and proven results to try your case to a jury. Our injury attorneys and staff pride themselves on the preparation and hard work required to take your case to a jury verdict. Trials can be long and complicated. Be sure to hire a qualified and experienced personal injury trial attorney. Call us at 800-234-9511.

What To Do If You are Injured at Work

Something has happened at work and now you are injured or you are sick. What do you do? Since this happened at work, are you entitled to workers' compensation? Let us help you through the process. Number one, make sure that you take care of your injury. If your injury or illness requires it, seek medical care immediately.

The next most important thing for employees to know is that any time you are injured on the job, you should report the injury immediately to a supervisor, in writing if possible. Some states require that notice to the employer be made in writing, while others allow a verbal notice. However, to be safe, employees should report all on-the-job injuries to supervisory personnel in writing. Since some states have a short filing deadline (called the statute of limitations), you should file immediately so that you do not lose any legal rights you may have to receive workers' compensation benefits from your employer. In addition, many times the employee will not report their injuries until days or weeks after the incident because they fear to lose their job, so finding an attorney right away may be to your benefit. It is especially important to hire a skilled attorney if the employee has been denied their benefits, or have not received adequate compensation.

In Ohio, the statute of limitations is within 2 years from the date of injury or death; within 2 years from the date of payment of any compensation or wages in lieu of compensation; or within 2 years of authorized medical care.

After you file for workers' compensation, your doctor's report will have a big impact on the benefits you receive. Keep in mind that a doctor paid for by your employer's insurance company is not your friend. The desire to get future business from your employer or the insurance company may motivate a doctor to minimize the seriousness of your injury or to identify it as a pre-existing condition. For example, if you injure your back and the doctor asks you if you have ever had back problems before, it would be unwise to treat the doctor to a 20-year history of every time you suffered a minor pain or ache. Just say "no" unless you have suffered a significant previous injury or chronic condition.

An attorney can also make sure that physicians other than the employer-approved doctors examine the claimant. This ensures the employee has the medical documentation needed to support their claim for benefits.

Injured employees will likely receive their maximum benefits from workers’ compensation insurance when using the skills of an experienced attorney. This is because the lawyer has a comprehensive understanding of the Ohio workers’ compensation system and can navigate their client through the process.

Let the experienced attorneys at Badnell & Dick Company help you with your claim. We have the trial experience and proven results to try your case to a jury. Our injury attorneys and staff pride themselves on the preparation and hard work required to take your case to a jury verdict. Trials can be long and complicated. Be sure to hire a qualified and experienced personal injury trial attorney. Call us at 800-234-9511.

Getting Disability Benefits from Social Security

Social Security pays benefits to people who can’t work because they have a medical condition that’s expected to last at least one year or result in death. Federal law requires this very strict definition of disability. While some programs give money to people with partial disability or short-term disability, Social Security does not. 

In general, to get disability benefits, you must meet two different earnings tests: 

1. A recent work test, based on your age at the time you became disabled; and 

2. A duration of work test to show that you worked long enough under Social Security. 

Certain blind workers have to meet only the duration of work test. 

You should apply for disability benefits as soon as you become disabled. Processing an application for disability benefits can take three to five months. To apply for disability benefits, you’ll need to complete an application for Social Security benefits. You can apply online at www.ssa.gov/applyfordisability.

In addition to the basic application for disability benefits, you’ll also need to fill out other forms. One form collects information about your medical condition and how it affects your ability to work. Other forms give doctors, hospitals, and other health care professionals who have treated you, permission to send Social Security information about your medical condition. 

If your application is approved, the letter will show the amount of your benefit, and when your payments start. If your application isn’t approved, the letter will explain why and tell you how to appeal the determination if you don’t agree with it.

Have you been denied Social Security disability benefits? You should know you are not alone. In fact, most people are denied their Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) when they first apply. After working hard all of your life, and paying into the Social Security system, being unfairly denied your Social Security Disability Benefits is devastating. You are probably angry and confused, and wondering what your next step should be. 

Let the experienced attorneys at Badnell & Dick Company help you with your claim. We have the trial experience and proven results to try your case to a jury. Our injury attorneys and staff pride themselves on the preparation and hard work required to take your case to a jury verdict. Trials can be long and complicated. Be sure to hire a qualified and experienced personal injury trial attorney. Call us at 800-234-9511.

Chapter 7 Bankruptcy

Individuals use Chapter 7 Bankruptcy to get a fresh financial start by getting rid of, or discharging, their debt(s). Generally speaking, unsecured debts can be eliminated in a Chapter 7 bankruptcy case. Unsecured debts such as medical bills, credit cards, judgments from most car accidents, some personal loans, and past payments owed on repossessed vehicles are just some of the debts that can be released with the proper filing of the Chapter 7 paperwork. 

 However, certain debts, like child support; most federal, state and local taxes; student loans; and debts incurred as a result of drunk driving or as a result of intentional or malicious injury cannot be discharged in a Chapter 7 bankruptcy. 

It is important to consult a knowledgeable and experienced attorney like the attorneys at Badnell & Dick Co., LPA to make sure you completely understand which debts will be released, and which debts you will still be responsible for following the filing of a Chapter 7 bankruptcy. Most of our clients get through the Chapter 7 bankruptcy process in four to six months.

Our attorneys know the State and Federal exemption laws, the Federal Bankruptcy Code and the Local Rules of your specific Bankruptcy Court inside and out. They are also knowledgeable in other areas of consumer protection, including foreclosure defense and fair debt collection actions. Our Chapter 7 Bankruptcy clients are also given a fresh financial start which allows them to re-establish and rebuild their credit rating.

Utilizing this knowledge, we enable most of our clients to keep the majority of their assets while discharging their debts. Our Chapter 7 attorneys fight tirelessly to put an end to:

• Harassing telephone calls from collection agencies
• Garnishments on wages and/or bank accounts
• Foreclosures or evictions
• Automobile repossessions

Each individual situation should be looked at carefully by an experienced attorney before someone should file a Chapter 13 Bankruptcy or a Chapter 7 Bankruptcy. Call Badnell & Dick Co., LPA today to discuss your situation and see if now is the right time for you.

Federal law requires the following statement: We are a debt relief agency. We help people file for protection under the bankruptcy code.

Chapter 13 Bankruptcy

Chapter 13 bankruptcy provides financial payment relief for individuals that want to avoid foreclosure or repossession. It offers significant advantages over Chapter 7 liquidation of all assets. Filing under Chapter 13 can halt foreclosure procedures and often time cures delinquent payments on all other debt.

Individual suffering from a heavy burden of debt have the ability to file for bankruptcy. The two most utilized options include reorganization (Chapter 13) or liquidation (Chapter 7). Often times, a skilled bankruptcy attorney can help the debtor determine their unique financial characteristics to choose the best chapter.

An Affordable Repayment Plan

Fortunately, debtors that qualify for filing under Chapter 13 can develop a plan to repay all creditors within a specific time frame of 3 to 5 years. Once bankruptcy has been filed, the creditors must stop harassing the debtor for collection of any outstanding payment until the case is been finalized in bankruptcy court.

Typically, the debtor can keep his or her property, and all creditors usually receive reduced funds over the amount of the debt. This provides the opportunity for the debtor to make affordable payments without the loss of equity in their assets.

Chapter 13 Eligibility
Not everyone is eligible to receive the financial restoration options under Chapter 13 bankruptcy. The debtor will be required to use his or her income for debt repayment to meet monthly obligations approved by the court system. If the debtor’s income is too low or sporadic, they might not meet Chapter 13 eligibility requirements. In addition, if the debt burden is higher than the debtor can afford, they will also lose their eligibility.

The Process

Before Chapter 13 can be filed, the debtor is required to attend credit counseling by a US trustee’s office-approved agency, where they will be charged a fee for the service. In addition, the debtor will pay a filing fee to begin the process. It is always recommended to hire an experienced bankruptcy attorney to help move the paperwork through the process, and serve as a legal representative throughout the case.

At some point, the paperwork filed with the Chapter 13 bankruptcy documents will include a repayment plan detailing how the debtor intends to pay every debt. Out of all of the outstanding debt, the debtor will be required to pay “priority debts.” These often include tax obligations and owed employee wages, along with spousal and child support.

Typically, most Chapter 13 cases end in a discharge, wiping out all remaining debt after the payment plan has been completed. An attorney can help assist in providing legal counsel on how to save the home, vehicle and other debts under this chapter. Each individual situation should be looked at carefully by an experienced attorney before someone should file a Chapter 13 Bankruptcy. Call Badnell & Dick Co., LPA today to discuss your situation and see if now is the right time for you.

Federal law requires the following statement: We are a debt relief agency. We help people file for protection under the bankruptcy code.

Filing for Bankruptcy

Filing for bankruptcy is often a scary situation that leaves you with a lot of questions. Here are a few questions to ask yourself to help you determine whether this is the right decision for you.

How do I know when it is the right time to file for bankruptcy?

Every situation is different, but generally, Bankruptcy is a last resort for people who can no longer pay off debts that have been accruing over the years. Our experienced attorneys will analyze your specific situation and help you decide if the time is right. We will explore all of your options with you, with our main goal being to make sure you do not file bankruptcy at the wrong time. The following are things to consider which may mean that the time to file bankruptcy is right:

Reason One: Making Even Minimum Payments Is Impossible

If making even minimum payments on bills has become impossible, then it is probably time for bankruptcy. This is the right time if budgeting and cutting back on expenses still does not free up enough money to satisfy the demands of creditors. The inability to make minimum payments will mean the amount of debt will continue to increase through late fees and other charges until there is no hope of repayment. Filing for bankruptcy is the best option when this occurs.

Reason Two: Assets Will Be Lost

Another sign that bankruptcy might be the right choice is if assets are certain to be lost at some point in the near future. An asset could be a home or a car. If creditors are threatening repossession or foreclosure despite the best efforts to make payments, then bankruptcy might be able to help. Foreclosures could be delayed until the bankruptcy is complete. Assets like cars might still be lost although there is a chance the debt could be restructured so the vehicle can be kept.

Reason Three: Relying On Credit Cards to Buy Necessities

A sure sign that bankruptcy is probably necessary is if the household has started relying solely on credit cards to buy necessities and pay bills. This is a sign that the amount of household income is not sufficient to sustain everyone in the home. Relying solely on credit cards is the start of a long journey that will end with legal action, loss of assets and potentially homelessness once the credit cards become unusable. Filing for bankruptcy can potentially rescue the family from disaster in this situation.

Reason Four: Income Is Stagnant or Declining

If there is no way to increase the household income or if the income amount is declining despite mounting bills, then bankruptcy might be the only way out. Stagnant or dropping income will start to create a deficit that will widen between what is owed and what is being paid. There is often no way to cope with this situation. Bankruptcy can provide a brief period of calm where everyone in the household can start over and escape from many existing debts.

The list from above does not include every reason why someone might find themselves filing bankruptcy, and each individual situation should be looked at carefully by an experienced attorney before someone should file a Chapter 7 Bankruptcy. Call Badnell & Dick Co., LPA today to discuss your situation and see if now is the right time for you.

Federal law requires the following statement: We are a debt relief agency.  We help people file for protection under the bankruptcy code.