When Can Families Pursue a Wrongful Death Claim After a Fatal Accident in Columbus?

A car accident can change your life in just a few seconds. One moment you are driving to work, running errands, or spending time with family. The next, you may be dealing with injuries, medical bills, vehicle damage, lost income, and questions about what happens next. If you were injured in an accident caused by someone else, you may be wondering: What should I do after a car accident in Ohio? Should I talk to the insurance company? Do I need an Ohio personal injury lawyer? How can I recover compensation for my injuries? Taking the right steps after an accident can help protect your health, your legal rights, and your ability to pursue compensation. At Barkan Meizlish DeRose Cox, LLP, our attorneys help injured Ohio residents understand their options after serious accidents. If you or a loved one has been injured, contact our team today by calling 740-204-2125 or completing our contact form. What To Do After a Car Accident in Ohio The moments after an accident can feel overwhelming. You may be injured, confused, and unsure about what steps to take. Following these important steps can help protect your personal injury claim. 1. Check for Injuries and Call 911 Your first priority after an accident should always be safety. Check yourself and others involved for injuries. If anyone is hurt, call 911 immediately so emergency responders can provide medical care and law enforcement can document the accident. Some injuries may not appear immediately after a crash. Common delayed accident injuries include: Neck and back injuries Whiplash Concussions Soft tissue injuries Internal injuries Even if you think your injuries are minor, seeking medical attention can help protect your health and create important medical documentation. 2. Report the Accident to Police A police report can become important evidence after an Ohio car accident. When speaking with law enforcement: Provide accurate information Explain any injuries you have experienced Avoid guessing about fault Do not admit responsibility at the accident scene The police report may include important details about the crash, including statements from drivers and witnesses, road conditions, and observations from officers. 3. Gather Evidence From the Accident Scene If you are physically able, collect as much information as possible. Evidence that may help your Ohio accident claim includes: Photos of vehicle damage Pictures of injuries Road conditions Traffic signs and signals Weather conditions Contact information from witnesses Insurance information from other drivers The evidence collected immediately after an accident can become critical when determining who was responsible. 4. Get Medical Treatment as Soon as Possible One of the most important things you can do after an accident is seek medical care. Some accident victims delay treatment because they believe their injuries will improve. However, waiting too long can make it more difficult to connect your injuries to the crash. Medical records can help document: Your diagnosis Your treatment plan Medical expenses Physical limitations The impact the accident has had on your daily life Following your doctor's recommendations is also important for your recovery. 5. Notify Your Insurance Company Carefully After an accident, you will likely need to notify your insurance company. Depending on the circumstances and available policies, uninsured/underinsured motorist coverage through your own insurance policy may provide another potential source of recovery. However, you should be cautious when discussing your injuries and the details of the accident with any insurance carrier. Insurance companies may ask questions about: How the accident happened Whether you were injured Your medical treatment Your ability to work Before providing detailed statements or accepting a settlement offer from the at-fault insurance carrier or your own, consider speaking with an Ohio personal injury lawyer. Insurance companies often focus on resolving claims quickly. However, an early settlement may not account for future medical treatment, lost income, or the full impact of your injuries. 6. Contact an Ohio Personal Injury Lawyer Many accident victims ask: "Do I need a lawyer after a car accident in Ohio?" The answer depends on your situation. Speaking with an attorney may be helpful if: You suffered injuries Your medical bills are increasing You missed work because of the accident The insurance company denied your claim The other driver disputes fault Your injuries may affect your future A personal injury lawyer can help investigate the accident, communicate with insurance companies, collect evidence, and explain your legal options. Barkan Meizlish DeRose Cox, LLP represents individuals injured in vehicle accidents and serious injury cases throughout Ohio. Learn more about our vehicle accident attorneys and our serious injury and personal injury services. What Mistakes Should You Avoid After an Ohio Accident? Many accident victims unintentionally damage their claims by making mistakes early in the process. Do Not Admit Fault Avoid statements such as: "I should have been paying more attention." "I'm sorry, this was my fault." Even casual statements can potentially be misunderstood. Do Not Post About Your Accident on Social Media Insurance companies may review social media activity when evaluating claims. Avoid posting: Accident details Photos of injuries Updates about your recovery Do Not Accept a Settlement Without Understanding Your Rights Insurance companies may offer quick settlements shortly after an accident. Before accepting an offer, understand whether it covers: Current medical bills Future treatment Lost wages Pain and suffering Long-term effects of your injuries What Compensation Can You Recover After an Accident in Ohio? If another person caused your accident, you may be entitled to compensation for damages such as: Medical expenses Future medical treatment Lost wages Reduced earning ability Property damage Physical pain Emotional suffering Permanent injuries Every accident is different. The value of your claim depends on the specific facts, including the severity of your injuries and how the accident affected your life. Why Choose Barkan Meizlish DeRose Cox, LLP After an Accident? After an accident, you need a legal team that understands how stressful the process can be. Barkan Meizlish DeRose Cox, LLP helps injured individuals by: Investigating accident claims Reviewing evidence Communicating with insurance companies Explaining legal options Helping clients pursue compensation The firm has represented personal injury clients for decades and focuses on helping injured individuals protect their rights. If you were injured in an Ohio accident, call 740-204-2125 or complete the Barkan Meizlish DeRose Cox, LLP contact form today. Frequently Asked Questions About Accidents in Ohio What should I do immediately after a car accident in Ohio? After a car accident in Ohio, call 911 if needed, seek medical attention, document the accident scene, exchange information with other drivers, and report the crash. You should also consider speaking with a personal injury lawyer before accepting an insurance settlement. How long do I have to file a personal injury claim in Ohio? Ohio law limits the amount of time you have to file certain personal injury claims. The deadline depends on the circumstances of your case, but generally in Ohio the limitations period for an action for bodily injury is two years from the date of the accident/collision. Contacting an attorney early can help protect your rights. Should I talk to the other driver's insurance company after an accident? You may need to communicate with insurance companies after an accident, but you should be careful when discussing your injuries or accepting settlement offers. A lawyer can help you understand your options before making important decisions. What happens if the other driver caused my accident in Ohio? If another driver caused your accident, you may be able to pursue compensation for your injuries, medical expenses, lost wages, and other damages. A personal injury attorney can help determine your available options. How much is my Ohio car accident claim worth? The value of a car accident claim depends on factors such as injury severity, medical expenses, lost income, insurance coverage, and how the accident impacts your life. Do I need an attorney after a minor car accident in Ohio? Not every minor accident requires legal representation. However, if you have injuries, medical bills, disputes about fault, or concerns about an insurance settlement, speaking with an attorney can help you understand your rights. How much does a personal injury lawyer near me cost in Ohio? Many personal injury attorneys, including Barkan Meizlish DeRose Cox, LLP, handle cases on a contingency fee basis, meaning clients generally do not pay attorney fees unless compensation is recovered. Contact Barkan Meizlish DeRose Cox, LLP After an Ohio Accident If you were injured in a car crash or another type of accident at no fault of your own, you do not have to navigate the insurance process alone. The attorneys at Barkan Meizlish DeRose Cox, LLP can help you understand your rights and determine the next steps. Call 740-204-2125 today or visit our Contact Us page to schedule a consultation. Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice and should not be construed as legal advice. Every case is different, and the information provided may not apply to your particular facts or circumstances. If you have questions about a potential legal matter, contact Barkan Meizlish DeRose Cox, LLP for an individualized review of your situation.

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. 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.

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. 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.