The Do's and Dont's of Workers Compensation

 

 It can be difficult to make the decision to file for workers compensation added with the chance that your job may not have everything set up to be able to handle your injury. You may ask yourself "Is it even worth it to file?" You should rely on a simple rule of thumb when deciding on whether or not to file and that is, if an injury is sustained at your job or within the scope of you working there, including occupational accidents, diseases, trauma, injuries or illnesses caused by exposure to work activities or chemicals, then you need to file. At Badnell and Dick we are dedicated to getting you the cold hard cash you deserve to help cover your costs while you are out of work. So let’s say that you have chosen to file, here is a list of Do's and Don'ts that will help ensure that you get your full compensation. 

Do's

• Be sure to report the accident and ANY injuries sustained to your employer. Give them an in-depth description of what happened and who was there or involved.
• Get a written or verbal testimony by someone who may have witnessed the accident happening. This can help you by acting as evidence just in case the insurance tries to deny your claim.
• Make sure you include ALL your injuries on your report, no matter how minor or major they are. It is better to have everything wrong covered, than find out something happened later due to the issue worsening. 
• Double check to make sure that someone filed the incident report and that they have accurately filled it out. 
• Remember there is a time limit on how long you must file a claim, usually you have 30 to 45 days from when the accident happened to file. 
• If you have persistent pain and need to see a doctor, for the treatment to be covered by the insurance you must not cancel any appointments and follow the doctors’ orders directly. 
• Make sure that you keep a thorough and organized record of everything that happens. That means medical receipts, doctor visits, medication expenses, and any written correspondence between you and the insurance company. 

Don'ts 

• Do not discuss your case with anyone outside the necessary party and do not let anyone talk you out of reporting the incident. 
• Do not be persuaded into signing a release form for any reason, especially because it could potentially release your employer and the insurance carrier from liability. 
• Just like the release form do not sign a medical form for any reason, this could give the insurance company access to your medical records, which they do not have permission to see otherwise. 
• If you are medically unstable, do not think about settling your case based off of this. You want to make sure that not only your physical state is well but your mental state also before settling on an amount of compensation.
• and most importantly, do not settle your case before talking with your attorney and going through all your options. 

These tips are just a few pointers to getting the most out of what you deserve from filing for workers compensation. If you or someone you know is looking to file, get ahold of Badnell and Dick, (800)-234-9511, or visit us online. We will work hard to win you the money you deserve. 

Why Are Disability Claims Denied?

     

    Each year, millions of people apply for Social Security Disability benefits (SSDI) each year. Out of those millions who apply, only 30% are approved a the initial level of the claim process. That's a whopping 70% of applicants who are denied. 

    The reasons for a denial of Social Security Disability benefits vary from case to case but there are a few common reasons that a claim will be for sure declined. If you are applying for SSDI it is important for you to understand why you might be denied and the steps to prevent that from happening.

    One of the more common reasons a claim gets denied is due to the lack of hard medical evidence to support the claim. You will need to prove that you are unable to work due to a disabling condition. For the claim to succeed, you need the proper medical records that show your disability has effected your ability to perform your work tasks. 

    The medical records are the most valuable thing in determining the success of your claim for benefits. Because of this, be sure to talk about how an injury is interfering with your ability to work with your physician. 

    Contrary to popular belief, you should always appeal a denied disability claim before filing for a new one. In some cases, a claim will be denied if the person reviewing your case sees that you applied for SSDI benefits before and were denied. Therefore it's a much safer bet to go through the appeals process. At Badnell & Dick Co., we have qualified and experienced personal attorneys that can help walk you through the steps.

    Income is an another important aspect, but it doesn't apply to SSDI's, instead it's used for Supplemental Security Income (SSI). If you are working part-time and making more than $940 a month, you are likely not eligible for SSDI and could get denied. The Social Security Administration will only approve Social Security Disability claims for people who are unable to work due to their disability. 

    The entire process of applying for Social Security disability benefits is overwhelming, from keeping track of deadlines to making sure that your application is complete and accurate. Attorney David M. Dick from Badnell & Dick Co., has dealt with all types of childhood and adult disability claims for over a decade. So, when results matter, call us at 1-800-234-9511 to speak with one of our attorneys so that we can handle your claim the best way we know how! 

Chapter 7 vs Chapter 13 Bankruptcy: What's the Difference?

     When you are  filing for bankruptcy, there are two main forms that you may consider filing. These are Chapter 7 & 13 bankruptcy which are the most common forms used by most consumers. Depending on the personal circumstances and financial situations involved, each chapter can present distinct benefits and advantages for it's consumers. It is also very important to note that several factors are considered when determining the eligibility for bankruptcy along with which chapter you may qualify for. An experienced lawyer at Badnell & Dick Co., LPA can help you during this stage of bankruptcy and explain which chapter is most appropriate for you. 

The Main Differences 

    Both of these chapters are inherently different but the qualifying criteria is the most basic factor that sets them apart. To put it simply, debtors must pass a "means test", which takes into consideration their income in relation to the states median income in order to be eligible for Chapter 7. To file under Chapter 13, an individual must have unsecured debts such as credit card bills/medical expenses below $336,900 while their secured debts must be below $1,010,650. These include mortgages and car loans. 

    Another difference between the chapters is their primary uses. For example, Chapter 7 is a liquidation of assets that is commonly used when a consumer has little property or they have little funds after paying for the basic necessities month after month. On the other hand, Chapter 13 is an adjustment of debts for a consumer with a regular income, rather than a full liquidation. Chapter 13 is commonly sued when a consumer has a regular income but cannot keep a consistent payment of their debts. 

    In addition, Chapter 7 allows consumers to get rid of their more unsecured debt as opposed to Chapter 13 which does not get rid of debt and forces the consumer to make payment plans to pay them off. In terms of credit score, Chapter 7 bankruptcy stays on a score for 10 years while Chapter 13 only stays for 7.

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

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.