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A Victory for Tipped Workers: Ohio Court Rules on Landmark Wage Case

For many tipped workers in Ohio—servers, bartenders, and restaurant employees—tips are the foundation of their income. But when employers fail to follow wage laws correctly, those workers can lose thousands of dollars in unpaid wages without even realizing it. A recent federal court decision underscores just how serious these violations can be. In a landmark ruling, a class of tipped restaurant workers represented by Barkan Meizlish DeRose Cox, LLP secured approximately $295,000 in unpaid wages and damages after a federal judge found multiple Buffalo Wild Wings franchise operators violated both federal and Ohio wage laws. (link to pdf document of the ruling) The court determined that employees were not properly notified about tip credit usage and were required to perform significant non-tipped duties while being paid a reduced wage rate. If you believe your employer may be violating wage laws, you can speak directly with an attorney at Barkan Meizlish DeRose Cox, LLP by calling 740-204-2125 or reach the firm through the official contact page. You can also learn more about broader workplace protections and wage related issues on the firm’s Employment Law practice page and the FLSA/Wage & Hour practice page, which cover s employee rights and wage protections. more What Is a Tip Credit? A tip credit allows employers to pay tipped employees less than minimum wage, assuming tips make up the difference. However, under the Fair Labor Standards Act (FLSA), employers must: Provide clear written notice they are going to use your tips before they use them Allow employees to keep all earned tips Ensure tipped work is the primary duty, not food prep, dishwashing, or janitorial work Avoid excessive non-tipped “side work” If these rules are violated, employers may lose the right to apply the tip credit and owe full back wages, including your tips and minimum wages. If you are unsure whether your employer followed these rules, call 740-204-2125 or use the contact page to speak with a legal professional. You can learn more about tip credits here: Tip Credit. Federal Court Rules in Favor of Ohio Tipped Workers In June 2026, a federal judge in the Southern District of Ohio ruled in favor of 54 restaurant employees in a wage-and-hour class action case. Case Highlights: Filed: August 31, 2021 Trial: February 2026 (bench trial) Defendants: Buffalo Wild Wings franchise operators Outcome: ~$295,000 in wages and damages Court Findings: The court found that the employers: Failed to properly notify employees of tip credit rules Required excessive non-tipped side work Paid reduced wages unlawfully Violated FLSA and Ohio wage laws If you believe you may have experienced similar issues, contact Barkan Meizlish DeRose Cox, LLP at 740-204-2125 or visit the contact page. What Counts as Illegal Side Work? Definition: “Side work” refers to non-tipped duties assigned to employees who are being paid under a tip credit system. Common examples include: Dishwashing Bathroom cleaning Food prep Stocking supplies Closing duties unrelated to service When side work becomes excessive, employers may lose the legal ability to pay tipped wages. Ohio Workers’ Compensation Lawyer Insight While workers’ compensation claims address workplace injuries, wage and hour violations are brought to protect against wage theft. Many workers are unaware they may have overlapping legal rights depending on their job conditions and injuries. To learn more about related protections, visit the firm’s Workers’ Compensation page. Common Wage Violations for Tipped Workers Ohio restaurant employees frequently report: No written tip credit notice Unpaid overtime hours Excessive non-tipped duties Tip pooling violations Wage deductions without consent Working “off-the-clock” If any of these apply to you, call 740-204-2125 or reach out through the contact page for guidance. Evidence Needed for a Wage Claim Strong claims typically include: Pay stubs Work schedules Tip records Text messages or manager instructions Coworker statements Employee handbooks What Compensation Can Workers Recover? In successful wage cases, employees may recover: Unpaid minimum wages Overtime back pay Liquidated damages (federal law) Treble damages (Ohio law in some cases) Attorney fees and court costs Step-by-Step: What to Do If You Suspect Wage Theft Track your hours and duties Save payroll records Document non-tipped work Compare wages to Ohio minimum wage laws Avoid quitting before understanding your rights Contact an attorney immediately Call 740-204-2125 or submit details through the contact page to get started. Real-World Example A bartender works full-time but spends nearly half of each shift performing cleaning and stocking duties. The employer never provides written tip credit notice. In this case, the worker may be entitled to: Full minimum wage for all hours worked Back pay Additional statutory damages Why Employers Lose These Cases Courts often rule against employers when: Tip credit notice is missing Workers perform excessive side work Payroll records are incomplete Employers fail to comply with wage laws Managers override legal pay structures Why Trust Barkan Meizlish DeRose Cox, LLP? Barkan Meizlish DeRose Cox, LLP has represented Ohio workers since 1957, focusing on wage-and-hour litigation, employment law, and workplace rights. The firm is known for: Decades of courtroom experience Successful wage recovery cases Class action litigation experience Strong advocacy for Ohio workers Speak with the firm directly at 740-204-2125 or visit the contact page to schedule a consultation. Learn more about the firm’s broader employee rights work on the official homepage. When to Contact a Wage and Hour Attorney You should seek legal help if: You are paid below minimum wage You perform unpaid side work Your employer fails to explain tip credit rules You are denied overtime pay You suspect wage theft FREQUENTLY ASKED QUESTIONS Can tipped employees sue for unpaid wages in Ohio? Yes. Employees can bring claims under federal and Ohio wage laws if they were not properly paid. What is a tip credit violation? It occurs when employers improperly reduce wages without following legal requirements. Can servers be required to do side work? Yes, but only within limits. Excessive side work may invalidate the tip credit. What damages can I recover? Workers may recover unpaid wages, overtime, and additional statutory damages. How long do wage claims take? Cases may take months or longer depending on complexity. Do I need proof? Yes. Pay records and schedules are very helpful. What is the FLSA? The Fair Labor Standards Act governs minimum wage and overtime rules. Can I join a class action? Yes, if multiple employees are affected by the same employer.

When Picking Up Extra Shifts Doesn't Cost You Overtime Protection — But Watch the Fine Print

Bob DeRose, Esq. – The Paycheck Warrior – bderose@barkanmeizlish.com On May 28, 2026, the U.S. Department of Labor's Wage and Hour Division issued Opinion Letter FLSA2026-5, addressing a question that comes up more often than you might think: Can someone who is classified as an exempt employee also pick up hourly shifts in a different, non-exempt role — and what happens to their overtime rights when they do? The short version, from the DOL's perspective: an exempt employee can take on occasional hourly work in a secondary, non-exempt role without losing their exempt status — as long as the employer is genuinely meeting every requirement of the exemption to begin with. And here is the part employees need to hear clearly: this letter does not change the rules. It applies them. The basic tenets of the white-collar exemptions are exactly where they were the day before this letter issued. Let me walk through what this letter actually says, and just as importantly, what it doesn't. more The Facts the DOL Was Given The opinion arose from an academic medical center that operates a non-profit acute care hospital. The hospital employs "Staff Nurses," whom it treats as non-exempt and pays hourly with overtime, and "Nursing Professional Development Specialists," whom it treats as exempt and pays a salary of roughly $4,000 per bi-weekly pay period (about $2,000 per week). The Specialists sometimes pick up Staff Nurse shifts on weekends — typically one, occasionally two, 12-hour shifts — on top of roughly 40 hours of Specialist work Monday through Friday. The hospital pays them an hourly rate for those extra shifts, derived from the Specialist's salary divided by 40. The employer asked the DOL: does this arrangement break the exemption or trigger overtime? What the DOL Concluded The Division concluded that, on these facts, the extra hourly work does not destroy the exemption and does not, by itself, create overtime obligations. The reasoning rests on two pillars that every employee should commit to memory, because they are the exemption: One: Primary duty. To be exempt under Section 13(a)(1), an employee's primary duty must still be the performance of exempt work. The DOL pointed out that the Specialist spends the substantial majority of working time — roughly 40 hours a week — in the exempt Specialist role, and that a weekend shift or two as a Staff Nurse is a supplement, not a substitution. The regulations say that spending more than 50% of time on exempt work generally satisfies the primary duty test, though it is a qualitative analysis, not a stopwatch. Two: Salary basis and level. The employee must be paid a genuine, predetermined salary at or above the regulatory minimum ($684 per week), and that salary cannot fluctuate based on the quantity or quality of work. The Specialist's roughly $2,000-per-week salary cleared the threshold, and the DOL found that adding extra hourly pay on top of a guaranteed salary is expressly permitted under 29 C.F.R. § 541.604(a), which allows additional compensation "on any basis" without defeating the exemption. So the headline answer is yes — but the conditions buried inside that "yes" are where the real fight always lives. Why This Letter Changes Nothing About the Core Rules Here is the message I most want employees to take away. FLSA2026-5 is an application of existing law, not a new rule. The DOL itself frames it that way, leaning on regulations that have existed for decades and prior opinion letters going back to 2005. An employer who waves this letter around as a license to reclassify workers or cut overtime is overreading it. The letter is loaded with conditions, and those conditions are the whole ballgame: It assumes the Specialist genuinely meets all the duties, salary-level, and salary-basis requirements in the first place. The DOL stated plainly that it was assuming these were satisfied based on the employer's representations. That assumption is doing enormous work. The DOL expressly warned in a footnote that if, over time, the employee's real primary duty turns out to be the non-exempt work, the employer "could not properly claim the exemption" in any workweek — and overtime would then be owed on the combined hours of both jobs. Footnote 7 is the part employers tend not to quote. The letter is also explicitly built on the employer's "full and fair description" of the facts. The DOL closed by noting that any other factual background "might require a conclusion different from the one expressed herein." In other words, the opinion is only as good as the facts it was handed. And in my experience representing employees, the facts an employer presents to the DOL and the facts on the ground are frequently two very different things. Where the Real Disputes Will Be — And What to Watch This is the part of the analysis where I'm offering my own read as an advocate for employees rather than reciting the letter. I'll flag these as open considerations, not settled conclusions, because the letter does not resolve them: The label is not the job. An employer can title someone a "Specialist" and pay a salary, but if the day-to-day reality is that the person is doing non-exempt frontline work most of the time, the title and the salary won't save the exemption. The duties test is about what you actually do, not what your job description says. The letter assumes a clean Specialist role with real autonomy, discretion, and educational responsibility. Many real-world "exempt" jobs are nowhere near that clean. Watch the creep. The DOL blessed one or occasionally two 12-hour shifts a week — about 23%, occasionally 38%, of total hours. The letter does not tell us where the line is. If an employer steadily increases the hourly shifts until the non-exempt work becomes the bulk of the week, the primary-duty analysis can flip. The footnote 7 warning is precisely about this scenario. There is no bright-line percentage in the letter, and employees should not assume one exists. The salary must be real, not reverse-engineered. The letter notes the hourly rate was derived from the salary, and the DOL found no need to apply the "reasonable relationship" test of § 541.604(b) because the underlying compensation wasn't computed on an hourly, daily, or shift basis. That's a meaningful distinction. If an employer's "salary" is functionally just an hourly rate dressed up — where pay actually rises and falls with hours — that's a different case, and § 541.604(b) could come into play. The letter does not bless arrangements where the salary is a fiction. Reliance has limits. The letter is an official interpretation that an employer can rely on under the Portal-to-Portal Act — but reliance protects an employer only to the extent its real facts match the facts in the letter. An employer that relies on FLSA2026-5 while running a materially different operation is not protected by it. The Bottom Line for Employees If you're salaried, genuinely doing exempt work as your main job, and you pick up the occasional hourly shift in another role for extra pay, this letter says — consistent with long-standing law — that those extra shifts alone don't strip you of exempt status or automatically entitle you to overtime. But flip that around, because this is where employees get hurt: if your "exempt" title doesn't match your real duties, if the secondary hourly work is creeping toward the majority of your time, or if your "salary" is really just an hourly wage in a costume, then this opinion letter does nothing to legitimize your classification. The exemption either fits your real working life, or it doesn't, and FLSA2026-5 did not lower that bar one inch. If you think you've been misclassified — or your employer has started pointing to this new letter to justify how it pays you — that's worth a closer look at your actual duties, hours, and pay structure.

What To Do After a Trucking Accident in Columbus, OH

After a trucking accident, it is normal to feel overwhelmed, shaken, or unsure of what to do next. Large truck crashes often involve serious injuries, commercial insurance companies, trucking company representatives, and evidence that can disappear quickly. Taking the right steps early can help protect your health, your claim, and your ability to pursue compensation. If you were hurt in a truck crash in Columbus, OH, call Barkan Meizlish DeRose Cox, LLP at 740-204-2125 or visit our contact us page to speak with our team. You can also learn more about how we handle these cases on our trucking accidents page. more Essential First Steps After a Trucking Accident in Columbus, OH Get to Safety and Call 911 Your first priority after a trucking accident is safety. Move out of traffic if you can do so without causing more harm. If your vehicle is drivable, move it to a safe location and turn on your hazard lights. Call 911 immediately, especially if anyone appears injured or if the crash involves a commercial truck. Even if you feel fine, get medical care as soon as possible. Truck accident injuries such as concussions, whiplash, back injuries, internal injuries, and soft tissue damage may not show symptoms right away. A medical evaluation also creates important documentation that may help connect your injuries to the crash. After you receive medical attention, call 740-204-2125 or reach out through our contact us page so Barkan Meizlish DeRose Cox, LLP can explain your next steps. Talk to the Police and Request a Report Law enforcement should come to the scene and create an official accident report. Cooperate with the officers and answer their questions honestly, but avoid guessing about what happened or admitting fault. Stick to the facts you know. Before you leave the scene, ask for the police report number. Once the report becomes available, request a copy and keep it with your records. This report may become an important part of your claim, especially when dealing with trucking companies and insurance carriers. If you are unsure how to get the report or what to do with it, contact our Columbus truck accident team at 740-204-2125 or use our contact us page. Gather Evidence at the Scene If you are physically able, collect as much evidence as you can while waiting for help. Use your phone to take photos and videos of: Vehicle damage The truck and trailer License plates Company names or DOT numbers on the truck Skid marks or debris Traffic signals and road conditions Visible injuries Weather and lighting conditions The overall crash scene You should also exchange basic information with the truck driver, including their name, license information, insurance details, employer, and trucking company information. If witnesses saw the crash, ask for their names and contact information. Commercial trucking accident claims can involve driver logs, maintenance records, inspection reports, black box data, and company safety records. These details are not always easy to obtain without legal help. Our trucking accidents page explains more about these cases and why early action matters. Avoid Speaking With the Trucking Company’s Insurance Carrier Alone After a truck accident, you may hear from an insurance adjuster quickly. Be careful. The trucking company’s insurer may ask for a recorded statement, push you to settle early, or look for ways to shift blame. You do not have to handle those conversations alone. Before speaking in detail with an insurance company, call Barkan Meizlish DeRose Cox, LLP at 740-204-2125 or submit a message through our contact us page. A lawyer can step in to protect your rights, preserve key evidence, and deal directly with the insurance companies on your behalf. Call a Columbus Trucking Accident Attorney Trucking accident cases are often more complex than regular car accident claims. A crash may involve the truck driver, trucking company, maintenance provider, cargo loading company, parts manufacturer, or multiple insurance policies. An attorney who handles commercial vehicle accidents can investigate the cause of the crash and pursue the compensation you deserve. At Barkan Meizlish DeRose Cox, LLP, we have stood beside injured Ohioans for more than 65 years and bring more than 166 years of combined experience to the people we represent. We understand how trucking companies and insurers work to limit responsibility, and we know how to build strong claims for injured clients. If you or someone you love was hurt in a trucking accident in Columbus, OH, call 740-204-2125 today or visit our contact us page. You can also review our trucking accidents page to learn more about how we help truck crash victims. You do not have to face this process alone. Contact Barkan Meizlish DeRose Cox, LLP today. We also have an office in Pittsburgh, PA, and we only take a fee if we win for you. Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship.

What Are the Benefits of Hiring a Law Firm With Multiple Practice Areas?

When you're facing any legal matter, the right representation makes all the difference. A Columbus, OH lawyer at a firm with lawyers in multiple practice areas is the perfect choice in these situations. A firm that has lawyers working in multiple areas can provide coordinated help that addresses all aspects of your situation. more All Your Legal Needs in One Place The first benefit is that you're dealing with one team that already knows your full story from the start. Instead of having to explain the same details over and over to attorneys at separate firms, you're working with people who share information internally and move your case forward together. This setup is especially useful when your situation touches on more than one area of law at once. For example, if a workplace incident leaves you unable to work for the long term, you might need help on how to get your immediate worker's comp benefits and future income replacement, but you might also be dealing with an employment rights issue. Handling Interconnected Claims A single event can trigger claims in multiple areas. One accident at work, for instance, can be a workers' compensation matter, also include a personal injury claim against a third party, and involve an employment dispute while further requiring you to make a claim for Social Security disability. A firm equipped to address all these overlapping matters can evaluate every possible avenue for help at the same time while keeping your whole claim moving in each important direction. You avoid the delays that come from waiting on referrals or having to meet with a new attorney and learn their processes. Your team can also make connections early and build a unified approach to your case that strengthens your overall position. Expert Collaboration Research from Harvard Law School's Center on the Legal Profession confirms that clients served by teams with experience that spans multiple practice areas tend to stay with the firm longer and receive more sophisticated service. When lawyers from different specialties work together on your behalf, the firm develops a deeper understanding of your needs and priorities and becomes invested in the whole relationship, not just one isolated matter. If new issues arise, the same group is already up to speed and ready to help without starting from zero. Efficiency and Resource Access Larger teams at multi-practice firms usually have more support staff, better research tools, and tried-and-true case-management systems in place to handle complex files. If you were to compare this to working with multiple individual lawyers, what you'd notice is your questions get faster responses, and deadlines and paperwork issues are handled more smoothly. Talk to a Columbus, OH Lawyer at a Multi-Practice Firm If you are dealing with an injury, a wage dispute, or anything else, reach out to Barkan Meizlish DeRose Cox, LLP in Columbus, OH or Pittsburgh, PA, today. Our singular focus is on representing people like you: workers and individuals harmed by negligence or unfair treatment, and we've been helping the people of Ohio and Pennsylvania since 1957.

Is Your Employer Discriminating Against You Under Ohio Employment Law?

If you think your Columbus, OH employer is discriminating against you in violation of Ohio employment law, you do have recourse. It's important to talk with an attorney as soon as you can, though. You'll need experienced legal advice about whether the behavior has crossed a line and what legal steps you should take to deal with it. more Signs of Discrimination Under Ohio law, discrimination happens when an employer treats you differently because of certain personal characteristics that have nothing to do with your job performance. Common obvious signs include: Being passed over for a promotion while less-qualified colleagues move ahead Unequal enforcement of rules Comments or jokes that target your background, religion, or family status, especially if they come from a superior Pay disparities without any explanation tied to seniority or output More Subtle Discrimination Sometimes the issue is less obvious and a bit harder to track down, and if you're not sure, talk to a lawyer about it. You might, for example, find yourself receiving fewer training opportunities than other employees, or you might be excluded from meetings that affect your role. If your workload suddenly increases or if you're now getting all the undesirable work and hours, that deserves some attention, too. Protected Classes Under Ohio Law Ohio law forbids employers to make decisions based on race, color, religion, sex, military status, national origin, disability, age, or ancestry. "Sex" includes both pregnancy and all related conditions, and "age" protection kicks in once a person turns forty. "Disability" covers both physical and mental impairments, though there is a caveat here: your employer must adapt to your disability, but only so long as you can perform the essential functions of the job with or without reasonable accommodation. Federal Law Federal laws like Title VII of the Civil Rights Act of 1964 protect the same core categories as our state law, and they have been interpreted by the courts to also include both sexual orientation and gender identity under the umbrella of sex discrimination. In practice, Ohio workers can often choose to file under either state or federal rules or both. Next Steps in Your Columbus, OH Case Save Everything First, save everything: emails, performance evaluations, pay stubs, and notes from any meetings. Notes that you keep at the time things happen will carry more weight than notes you make later trying to remember what happened. Take It To Your Employment Law Attorney Your attorney can review your evidence and will help you decide what to do next. Most of the time, you'll first make an internal complaint, and your lawyer can help you draft this so it's clear and professional. The next formal step is filing a charge with the Ohio Civil Rights Commission or the federal Equal Employment Opportunity Commission. Having experienced legal representation can help you organize your evidence and respond to requests for information, and this process can lead to a settlement, a right-to-sue letter (which lets you move on to bring a lawsuit), or, in some cases, the agency pursuing the matter on your behalf. Visit Barkan Meizlish DeRose Cox, LLP in Columbus today or call us for a free consultation at 740-204-2125. We also represent clients in Pittsburgh, PA.

When Should You Consider Filing a Medical Malpractice Lawsuit?

You have the right to file a medical malpractice lawsuit if you have suffered harm as a result of a healthcare provider's negligence. Normally, this has to be a deviation from the accepted standard of care, and this deviation has to directly cause you an injury or materially contribute to it. Malpractice is one of the harder types of personal injury to successfully claim, and it's always wise to work with an experienced Columbus, OH attorney. more When to Consider a Medical Malpractice Lawsuit in Columbus, OH Signs of Potential Negligence It might be time to consider a lawsuit, or at least talk to a lawyer, if you notice your doctor consistently failing to recognize or respond to symptoms, so your treatment is delayed or you're getting incorrect treatment. If a healthcare provider is ignoring test results or is not ordering the right diagnostics before coming up with the treatment, this is also a problem.Bear in mind that just because you're getting worse under a particular healthcare provider's treatment does not in itself mean there has been malpractice. It's possible that the condition you have simply has a downward trajectory, or it's taking more time to recover from than you might like. Additionally, a doctor may just not be very intuitive but still not be committing any malpractice. Common Malpractice Scenarios Diagnosis-Related Errors In this scenario, a healthcare provider doesn't properly diagnose a condition, misdiagnoses it, or takes so long to come to a diagnosis that an illness progresses unchecked. Surgery Negligence Malpractice also happens when there are delays in performing necessary surgery, improper surgical techniques are used on a patient, or outright errors are made during the procedure. Examples include operating on the wrong site, leaving instruments inside the patient, or failing to manage postoperative complications adequately. Treatment Error This is the largest category of claims and happens when healthcare providers fail to treat conditions appropriately, use improper treatment methods, or delay providing care. This could include something like taking an infection seriously or mismanaging a chronic condition like diabetes. Medication Issues Prescribing the wrong medication, prescribing the right medicine but the wrong dosage, or failing to account for drug interactions or allergies that should have been known can all be malpractice. Obstetrics and Birth When healthcare providers don't follow the standard of care during high-stakes breech births, delay necessary cesarean sections, or fail to monitor fetal distress, the mother or the infant (or both) can suffer serious injuries. Assessing Causation and Talking With a Malpractice Lawyer There has to be a clear link between the provider's negligent actions and the resulting harm you've suffered, such as a physical injury, emotional distress, or financial losses from additional treatments. This can be tricky to prove, so if you suspect that minimal standards of care have not been met, your first step should be to talk with an experienced attorney. Call Barkan Meizlish DeRose Cox, LLP in Columbus, OH at 740-204-2125 now to set up a free consultation. You can reach our Pittsburgh office at 412-330-1821.

How Do You Know if You Qualify for Social Security Disability Benefits?

Many people in Columbus, OH struggle with conditions that make working difficult or even impossible, and a Social Security disability claim can provide monthly payments to cover living expenses. The Social Security Administration (SSA) runs two main programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), and both can potentially help. more The Basic Definition of Disability The SSA uses a strict definition of disability. Your condition must prevent you from doing substantial gainful activity (SGA), which means earning more than a certain amount per month through work. In 2026, the SGA limit for non-blind individuals is $1,690 per month. If you earn above that level, you generally do not qualify, regardless of your health issues. For the blind, the limit is $2,830, and these amounts change with the national average wage index regularly. Credits SSDI pays benefits based on your work history and Social Security taxes paid. To qualify, you need at least 40 credits, and these come from earnings you've made over the years. You can get up to four credits per year, and in 2026, you earn one credit for every $1,890 in wages or self-employment income. Younger workers require fewer credits, but the exact number depends on your age at the onset of your disability, and you must also meet the medical definition of disability. The SSA reviews medical records, doctor statements, and test results carefully. Income and Resources Limits SSI provides payments to people with limited income and resources, regardless of their work history, and it covers adults who are disabled, blind, or age 65 or older, as well as certain children. For adults, the medical rules are the same as with SSDI, and the income limits are also very inflexible. For 2026, your countable income can't be more than about $2,019 per month from work for individuals, though the exact figure is ultimately adjusted based on other factors, like your living arrangements. They'll also look at your personal resources, such as a savings account or any property you have other than your home and one vehicle. Those resources can't be more than $2,000 for a single person or $3,000 for a couple. How Your Claim Is Evaluated The SSA follows a five-step process to decide eligibility. They'll ask the following questions: Are you working and earning above the SGA limit? If yes, the claim stops. Is your impairment severe enough? It must significantly limit basic work functions and must have lasted or be expected to last 12 months (unless it is expected to result in death) Does your condition meet or equal the impairment listing in the SSA's Blue Book? This book lists impairments by body system with specific medical criteria, and if you don't meet the criteria, you don't qualify. Can you work any job that you previously had? The SSA considers jobs you held in the last 15 years to ascertain what your skills might be. Can you adjust to other work? They'll look at your age, education, skills, and residual functional capacity. Talk to a Lawyer in Columbus, OH If you are dealing with a disabling condition, we can help you in assessing your case and getting through the application process effectively. Contact Barkan Meizlish DeRose Cox, LLP now for more help.

What’s the Difference Between Workers’ Compensation and a Personal Injury Claim?

If you've been injured on the job, you might be wondering whether you should bring a workers' compensation claim or a personal injury claim. It all depends on the details of your accident and who's responsible, and a Columbus, OH Workers' Compensation Lawyer can give you more insight based on the details of your situation. more What's the Difference Between Workers' Compensation and a Personal Injury Claim? When an employer has workers' comp, workers' comp provides reimbursement for medical bills and a significant percentage of salary if the injured worker is unable to work for a time. Workers' comp will also provide certain other benefits for very serious injuries, such as when an employee has to be retrained for a different job or, in rare cases, can't return to any type of work ever again. Employees are eligible for workers' comp no matter who is responsible for their injury. Even if they are responsible for the accident that caused their injury, workers' comp benefits still apply. The trade-off is that employees cannot bring a personal injury claim against their employer in the event of an accident. What Makes Personal Injury Different? A personal injury claim can be brought in most cases where you get injured outside of work, such as in a car accident or after a slip and fall on property. In a personal injury claim, you can claim for more than just what you get in workers' comp. Not only can you claim reimbursement for your medical bills, but you can claim for the full value of your lost wages as well as for intangible benefits, such as pain and suffering. Can You Ever Bring a Personal Injury Claim After a Work Injury? Most of the time, no. If you were injured at work, but by a third party, such as by a customer or an independent contractor, then you may be able to bring a lawsuit against them. If your injury was due to equipment malfunction, and that equipment was being properly maintained and used in the right way, you may be able to bring a claim against the manufacturer of the equipment. But other than that, personal injury claims aren't really a valid option. What Other Options Are There? VSSR If you were injured because your employer has not been upholding state safety standards, you can file a Violation of Specific Safety Requirements. The state may then fine your employer, and you may get some compensation. Intentional Tort If you can show that your employer deliberately injured you or that your employer was aware of a problem and knew with "substantial certainty" that it would cause injury, you may be able to bring a claim. It's very difficult to prove this, however. Talk to a Columbus, OH Lawyer Right Away If you've been injured on the job, it can be extremely complicated to get the compensation you're owed. Talk to us right away at Barkan Meizlish DeRose Cox, LLP in Columbus, OH so we can advise you on the best course of action for your case.

How Can a Wage & Hour Lawyer Help Fight Unpaid Overtime Claims?

If your Columbus, OH employer isn't following the law and you're experiencing wage & hour issues with overtime pay, talk to a lawyer as soon as possible. Unpaid overtime doesn't go away, and with the right claim, you can recover what you're owed. more How Can a Columbus, OH Wage & Hour Lawyer Help You With Wage & Hour Issues? If you're an employee who is eligible for overtime, then you must be paid time and a half whenever you work more than 40 hours in a week. If that hasn't been happening, you have the right to bring a claim against your employer, and you should do so as soon as possible. It's never a good idea to wait and allow too much unpaid overtime to accrue. Your chances of getting paid everything you're owed are greater the sooner you start. 1. Explaining the Law and Your Rights The first way your lawyer will help you is by making sure you're fully aware of all the laws and all the remedies and rights you have. Employers can be quite tricky about finding ways to cheat you out of overtime. You might think of overtime pay as just simple time and a half in relation to your regular hourly wage, but anything that would normally also be included in your wages, such as commissions, bonuses, or incentives, must also be included in overtime pay. 2. Fighting Misclassification Attempts Your employer may be trying to avoid paying you overtime by misclassifying you as either an independent contractor or someone else who is not eligible for overtime. Your classification is based on your responsibilities at work and how you are paid. Executives, administrative professionals, those holding certain computer-related jobs, and outside salespeople are generally exempt from overtime pay, as are independent contractors. Your lawyer will review your situation to tell you whether you are truly exempt or not. 3. Bringing a Claim We will thoroughly investigate your claim to see whether you've been paid overtime properly, whether anything has been improperly deducted from your pay, and whether all your pay has been properly calculated in any overtime you did receive. We can bring a claim to help you get compensation for your unpaid wages, any damages that are owed you under the law, and your legal fees. We can also advise you whether it would be wise to collaborate with coworkers to bring a collective action if several people in your company have been cheated of what they're owed under the law. If you are not being paid as you should be, contact us today at Barkan Meizlish DeRose Cox, LLP in, Columbus, OH to get the help you need. We've been fighting for the workers of Ohio since 1957 and have brought claims successfully throughout Ohio, Pennsylvania, and Kentucky. Our nationally respected law firm has helped tens of thousands of people over the decades, and we're ready to help you next. Call our Columbus office today at 740-204-2125 to get started.

If you were partly at fault in a Columbus, OH car accident, you may still recover compensation. Learn how contributory fault works in Ohio and why a car wreck attorney can help protect your settlement.

Can You Still Recover Compensation if You Were Partly at Fault in a Vehicle Accident?

If you've been in a vehicle accident, you're entitled to receive compensation for your losses from whoever is at fault for the accident. However, many accidents are not straightforward, and multiple parties may share some responsibility. Talk to a Columbus, OH car wreck attorney as soon as you can to find out what to expect in your specific case, but as long as you are not more at fault or equally at fault, you can recover compensation. more Can You Still Recover Compensation if You Were Partly at Fault in a Columbus, OH Vehicle Accident? Many states have something called contributory fault or contributory negligence. In our state it is known as contributory fault, and this law states that if you are 49% or less at fault for an accident, you can still claim compensation. That percentage is very important. In some states, contributory negligence is set at 51%, meaning that you can still collect damages even if you are equally at fault with the other party. But here in Ohio, you must be less at fault to collect damages.In most situations, your total damages will be reduced by the same percentage as your fault. If you had $43,000 in medical bills and property damage after an accident, for example, and are considered 20% at fault for the accident, you would only be able to recover 80% of your damages. This means you would only be able to get $34,400. Why an Attorney Is So Important There are several critical reasons it's so important to work with an car accident attorney but especially if you are partly at fault: 1. To Protect You From Blame As you can imagine, insurance companies love to push as much blame off the person they cover as possible. Even if they can only move the needle a couple of percentage points, that can mean thousands of dollars they don't have to pay, depending on the situation. One of the most important jobs your lawyer will do for you is to protect you from unfair blame. Your lawyer will carefully investigate the accident and aggressively negotiate based on your true level of blame. 2. Properly Calculate Your Damages It's important to properly calculate all your losses and damages in any personal injury case, but if your final settlement is going to be reduced by a certain percentage because of fault, it becomes even more essential that nothing be left out. It's easy to forget things, but a lawyer who has done this many times before knows all the right questions to ask, stones to turn over, and avenues to pursue to maximize your settlement, even after your fault is calculated.For help with your claim, reach out to us now at Barkan Meizlish DeRose Cox, LLP in Columbus, OH 43219 at 740-204-2125 and set up a free consultation. We've been winning for clients in the Columbus area since our founding in 1957, and we're dedicated to protecting your rights.

What Should You Do Immediately After a Serious Personal Injury Accident in Columbus, OH?

If you’ve been in a serious personal injury accident here in Columbus, OH, the steps you take immediately afterward can make all the difference. Acting quickly will protect your rights and improve your chances of receiving the compensation you deserve. Personal injury accidents are overwhelming, but you don’t have to go through them alone. For immediate help, call Barkan Meizlish DeRose Cox, LLP at 740-204-2125 or contact us today to speak with an experienced injury attorney. more Get Medical Help Immediately Your health is the first priority. Call 911 if you cannot get to the hospital on your own. If your injuries are an emergency, don’t delay getting medical care to gather evidence or talk to the police. If your injuries are less serious, you may be able to stay at the scene and talk to the police. You should also take pictures and gather witness statements. However, regardless of the severity of your injuries, you should always see a doctor as soon as possible. The sooner you receive medical attention, the better for both your health and your case. A timely medical record will clearly link your injuries to the accident and help solidify your claim. Make Sure the Right People Know In a car accident, always call the police to file an accident report. Why is this so important? An official record provides vital documentation that will be crucial when you file for compensation later. It will also contain key information about witnesses and, in many cases, an initial determination of fault. Gather Evidence If You Can If you’re not seriously injured, take photos of the scene, your injuries, and any other relevant details. You can also look for nearby cameras that might have captured the incident and get the contact details of any witnesses. This evidence will be vital for your case. Do not necessarily rely on the police or others to gather this information because it often does not happen. However, if your injuries are too severe to gather evidence yourself, don’t worry. Call Barkan Meizlish DeRose Cox, LLP at 740-204-2125, and we’ll handle the investigation on your behalf. Contact an Injury Attorney Quickly Reaching out to an experienced personal injury attorney is crucial as soon as you’re able. You need someone who knows Ohio’s laws and understands the local courts. A good attorney will have experience negotiating with insurance companies and the ability to represent you in court if necessary. Most personal injury cases are settled out of court through negotiations, but in the event that your case goes to trial, you want a lawyer who is prepared to fight for you. For expert legal help, contact us today or call us at 740-204-2125 for a free consultation. You can also visit our Serious Injury Personal Injury Practice Area for more information on how we can help with your case. Contact Barkan Meizlish DeRose Cox, LLP Today! Taking quick, informed action after a serious personal injury accident can significantly impact the outcome of your case. Barkan Meizlish DeRose Cox, LLP is here to guide you through every step. For immediate legal support and peace of mind, contact us or call 740-204-2125 today.

Can You Still Recover Compensation if You Were Partly at Fault in a Vehicle Accident?

If you've been in a vehicle accident, you're entitled to receive compensation for your losses from whoever is at fault for the accident. But many accidents are not straightforward, and multiple parties may share some responsibility. Talk to a Columbus, OH car wreck attorney as soon as you can to find out what to expect in your specific case, but as long as you are not more at fault or equally at fault, you can recover compensation. more Can You Still Recover Compensation if You Were Partly at Fault in a Columbus, OH Vehicle Accident? Many states have something called contributory fault or contributory negligence. In our state it is known as contributory fault, and this law states that if you are 49% or less at fault for an accident, you can still claim compensation. That percentage is very important. In some states, contributory negligence is set at 51%, meaning that you can still collect damages even if you are equally at fault with the other party. But here in Ohio, you must be less at fault to collect damages. In most situations, your total damages will be reduced by the same percentage as your fault. If you had $43,000 in medical bills and property damage after an accident, for example, and are considered 20% at fault for the accident, you would only be able to recover 80% of your damages. This means you would only be able to get $34,400. Why an Attorney Is So Important There are several critical reasons it's so important to work with an attorney in any accident, but especially if you are partly at fault: 1. To Protect You From Blame As you can imagine, insurance companies love to push as much blame off the person they cover as possible. Even if they can only move the needle a couple of percentage points, that can mean thousands of dollars they don't have to pay, depending on the situation. One of the most important jobs your lawyer will do for you is to protect you from unfair blame. Your lawyer will carefully investigate the accident and aggressively negotiate based on your true level of blame. 2. Properly Calculate Your Damages It's important to properly calculate all your losses and damages in any personal injury case, but if your final settlement is going to be reduced by a certain percentage because of fault, it becomes even more essential that nothing be left out. It's easy to forget things, but a lawyer who has done this many times before knows all the right questions to ask, stones to turn over, and avenues to pursue to maximize your settlement, even after your fault is calculated. For help with your claim, reach out to us now at Barkan Meizlish DeRose Cox, LLP in Columbus, OH 43219 at 740-204-2125 and set up a free consultation. We've been winning for clients in the Columbus area since our founding in 1957, and we're dedicated to protecting your rights.

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