Ohio Workers Compensation Settlements

Ohio Workers Compensation Settlements

Should I try to settle my existing Ohio Workers Compensation Claim?

Ohio's system of workers compensation provides several benefits for injured employees.  Many employees have old claims, for which they have not received benefits for several years.  Additionally, at some point your right to receive benefits under the system will expire. But did you know that you may be able to reach a settlement on that claim for a one time payment?

The Ohio Bureau of Workers Compensation is currently attempting to settle many existing compensation claims.  Certain law firms which focus on this area of the law will even offer a no fee initial consultation to review the opportunities which may be available regarding your claim.

Why would the Ohio BWC and Industrial Commission want to resolve these old claims?

Whether or not you have received any payments on your claim for several years, it still remains on the books of the Bureau of Workers Compensation.  Therefore the state would like to settle these claims in order to reduce the amount of money that they need to keep in reserve to possibly pay on these claims in the future.

Fast Track Settlements

The Ohio BWC has recently instituted a "fast-track" settlement program in order to get some of these older claims off the books.  Under the fast-track process, claims which meet certain conditions are eligible to be settled more quickly than in the past.  In addition, only certain law firms are authorized to handle these types of settlements.

If you are one of the many Ohio workers who has an old claim, it would definitely be to your benefit to contact an attorney to review your claim.  A competent lawyer may well able to generate you some much needed income on what you believe is a stale claim.

Ohio Worker's Compensation - A Description of the Appeal Process

Ohio Worker's Compensation - A Description of the Appeal Process

The Ohio Bureau of Worker's Compensation (BWC) in concert with the Ohio Industrial Commission is responsible for administering Ohio's Worker's Compensation System.

For all injured workers employed by a state funded employer, the Bureau of Worker's Compensation will make the initial determination on whether an injury is compensable. At this point either the employer or employee can appeal the decision to the Ohio Industrial Commission (IC), which will set up a hearing in front of a District Hearing Officer or DHO. The DHO will issues his or her order within 7 days. If either the employee or employer is not satisfied with the order, they can begin the appeal process as described below.

The Ohio Revised Code and Worker's Compensation regulations guarantee all employers and injured employees have the right to appeal the order of the DHO. If either the employee or employer is not satisfied with the decision, they may appeal to a Staff Hearing Officer. This appeal must be timely filed, and the party has fourteen days to do so. All that is necessary is to file an appeal form with the Industrial Commission within the fourteen day appeal period. The form can be filed in person, by fax, or online.

Staff Hearing Officer

A hearing before a Staff Hearing Officer will be scheduled within 45 days from the filing of an appeal of the District Hearing Officer decision. A Staff Hearing will proceed exactly as the District Hearing did. Each side will get an opportunity to present their case, and the Staff Hearing Officer (SHO) will ask any questions which he or she feels necessary to reach a decision.

As with a District Hearing, the SHO will issue an order or Record of Proceedings within seven days. The Industrial Commission will then notify all parties in writing of the SHO decision. Once again, any party that is not satisfied may appeal the SHO order, but must do so within fourteen days.

The Commission

The final level of appeal is directly to the Industrial Commission. If a party files a timely appeal the Commission will decide whether or not to hear the case. As a practical matter the Commission rarely agrees to hear these appeals. On the other hand, if the Commission does, it proceeds as do the District & Staff hearings. They are heard within 45 days of an appeal, and a decision is rendered within seven days of the hearing.

Common Pleas Court

As a final resort, either party may appeal the matter to a County Common Pleas Court. The side wishing to appeal must file such an appeal no more than sixty days after exhausting all other administrative appeals.

Ohio Divorce Law

Ohio Divorce Law - Divorce in Ohio is controlled by O.R.C (Ohio Revised Code) 3105. Under Ohio Law, a divorce legally terminates a marriage. This accomplished when one of the spouses files a Complaint for Divorce. The complaint lists the specific reasons for the need to divorce. The other spouse is required by law to respond to the complaint. many times the issues can be resolved through negotiation. If the issues can not be settled to the satisfaction of all parties, the divorce will proceed to a jury trial in front of a Judge and / or Magistrate.

Ohio Grounds for Divorce

Ohio Revised Code (O.R.C.) 3105.01 defines the causes or "grounds" for divorce in Ohio. It reads as follows:

The court of common pleas may grant divorces for the following causes:

(A) Either party had a husband or wife living at the time of the marriage from which the divorce is sought;

(B) Willful absence of the adverse party for one year;

(C) Adultery;

(D) Extreme cruelty;

(E) Fraudulent contract;

(F) Any gross neglect of duty;

(G) Habitual drunkenness;

(H) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;

(I) Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party;

(J) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;

(K) Incompatibility, unless denied by either party.

A plea of res judicata or of recrimination with respect to any provision of this section does not bar either party from obtaining a divorce on this ground.

EPA Mandates Cleanup of Contaminated Site in Ohio

EPA Mandates Cleanup of Contaminated Site in Ohio

In recent months, several asbestos cleanups have been announced across the United States. The most recent cleanup mandated by the Environmental Protection Agency (EPA) will take place in Elyra, Ohio, where a structure fire leveled a building possibly contaminated with asbestos. The site was formerly the home of General Industries covering approximately two city blocks. The fires consumed the building almost entirely, leaving a shell of debris, ashes, and scorched materials, materials the EPA says could be contaminated with asbestos. Such materials include bricks, floor tiles, roofing, and any insulation not consumed; all could potentially be contaminated with asbestos particulate matter. Contaminated materials increase the chances of asbestos exposure to any one coming in contact with the debris or to anyone in the immediate area, as it is possible that asbestos material can become airborne.

According to one report, the owner of building site has made several statements claiming that there is no contamination present in the building materials nor in the resulting debris. This evidence stands in stark contrast to the EPA's own findings, when asbestos evidence was discovered less than two weeks after the fire. To this end, the EPA wants to be certain that there is no contamination of building materials and has elected to take site samples on their own. The owner of the site has repeatedly indicated his interest in cleaning the site, but nothing has been done as of yet. Thus, the EPA has decided to move forward with cleaning the site and taking samples of the materials. EPA contractors have been on site with protective gear, including hazard suits and respirators, collecting additional burned materials and samples. No visible asbestos emissions have been reported at this time.

The EPA stepping in to clean potentially contaminated industrial sites is nothing new. Two high-profile cleanups have been recently announced in several states including Montana and Kentucky. EPA teams in charge of cleaning up Libby, Montana, worked diligently to remove much of the vermiculite dust contaminated with asbestos that covered the town. After years of nearby mining endeavors, much of the area had been completely covered the contaminated particulate matter, causing hundreds of asbestos-related illnesses, including mesothelioma cancer and asbestosis. In Kentucky, a site cleanup was ordered after a former electroplating facility was demolished and found to have contained asbestos-contaminated materials. The site was deemed an environmental emergency clean-up site as there was essentially unrestricted access to this tainted site.

Exposure to asbestos can lead to serious health concerns such as respiratory problems, asbestosis, and mesothelioma cancer. Any of these conditions could result in a serious and debilitating condition, sincerely changing the quality of life for an individual. Many times, those exposed to harmful chemicals look into developing a mesothelioma lawsuit to potentially recoup some of their losses.

Ohio Asbestos Lawyers

Ohio Asbestos Lawyers - Most people get affected if they are exposed to asbestos at their place of work or in their environment. The inhalation of asbestos fiber results in several kinds of cancer including mesothelioma. It may also lead to lung diseases. Many companies, in spite of knowing the hazardous effects of asbestos, do not take any action to protect their employees, from this deadly substance. Generally, it takes years for asbestos related illnesses to come to the surface. Most of the time, the person does not even realize that, the diseases have occurred due to high asbestos exposure. Asbestos law has recently been introduced to control the use of this dangerous mineral. Ohio exercises strict regulations to combat the sinister effects of asbestos. If a person or their family is suffering from any asbestos-related disease, he can contact a proficient Ohio asbestos lawyer to file a lawsuit.

Mesothelioma is one of the most fatal kind of cancers, and the average lifespan of a victim after diagnosis is barely 2 years. Ohio asbestos lawyers strive to provide justice, to such victims or families of such victims who are undergoing such traumatic experiences. According to Ohio asbestos law, the victim must be diagnosed with an asbestos-related disease to file a lawsuit.

The victim of asbestos-related disease can obtain free consultation from the many reputed lawyers, who are experts in Ohio asbestos law. These lawyers study and analyze the case of a victim, so that they can build a strong case to extract maximum compensation. Victims must be fully aware of all the aspects of asbestos laws prevailing in Ohio, to file for asbestos claims in this state. Typically, asbestos claims refer to claims for damages, losses, injury or medical expenses incurred for the treatment of the victim.

The victims of asbestos-related disease may not find a good Ohio asbestos lawyer very easily. Not many lawyers have expertise and experience in Mesothelioma-related lawsuits. The victims may have to conduct some research to find a good lawyer. Internet is a good source for obtaining a list of reputed Ohio asbestos lawyers.