For some years now in Ohio, lawmakers have been working on a bill that would allow first responders to apply for workers’ compensation if they receive a PTSD diagnosis. The current legislature in Ohio states that in order to receive compensation for PTSD, a physical injury must also be present. This has historically prevented individuals, like first responders, who witness a traumatic event from receiving benefits despite having their lives impact and work inhibited. Several factors have caused push back on the bill for the last nine years. The anticipated increase in workers’ compensation costs by expanding the eligibility criteria has drawn skepticism, as well as fear of a snowball effect following the expanded guideline.

That all being said, this expansion would allow for many workers affected by PTSD to apply for potentially life-saving benefits. The bill passed in the House on February 12^th, 2020 and is scheduled for consideration in the Senate.

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Wrongfully Terminated in Ohio? Here Are the Steps to Take

Getting fired hurts. Losing your job creates financial problems and makes you doubt yourself. The pain is even worse if you believe you suffered a wrongful termination.

In Ohio, employers have broad discretion to fire workers for any reason or no reason at all, so long as the reason is not discriminatory. Valid reasons to let an employee go range from poor performance, policy and safety violations, economic considerations, to shifts in priorities that require different skills.

What employers cannot do, however, is fire you in retaliation for exercising your rights to receive fair pay or to work free from discrimination and abuse, or for specifically discriminatory reasons. When that happens, you may have grounds for filing a wrongful termination lawsuit and receiving monetary damages in Ohio. Although, it is important to note, you must have significant proof of the retaliation or discrimination.

Succeeding with a wrongful termination claim is not easy but taking the correct steps when you lose your job will set you on the proper path. Here are five things to do if you suspect your employer fired you illegally.

Do Not Lose Your Cool

No matter how good it feels at the moment, cursing out your boss and threatening to sue will not serve you well in the long run. We understand that remaining calm may be a struggle, especially if you have suffered harassment and other forms of unfair treatment leading up to the final notice of your firing. But you will want to resist any urge to create a scene.

If you file a wrongful termination lawsuit in Ohio, your former employer can cite threatening behavior or damage to equipment as valid reasons for ending your time with the company. Do not give them an excuse that a court could accept.

Ask for an Official Termination Notice

You have the right to know why you are being fired. Also, a company facing a wrongful termination claim must explain why it took what the court will call the adverse employment action.

Getting the stated reason for your termination in writing allows you and your Ohio employment law attorney to build a case for why that reason does not make sense. It may also turn out that the company gives a different reason during the trial then it did when it wrote your termination letter. Calling attention to the shifting explanation can work in your favor.

Save Emails and Texts Related to Your Firing

If you see your wrongful termination coming, forward harassing emails and texts to your personal accounts, keep notes of when and how conversations that you feel are inappropriate occur. Make sure to save performance reviews And other information that reflects well on you as an employee.

Additionally, take notes on threatening or abusive conversations, and keep track of demotions or reassignments that strike you as unfair or done to convince you to quit. All this information can be used to support your wrongful termination claim.

Learn What Justifies a Wrongful Termination Lawsuit in Ohio

Employers cannot fire an employee if the principal reason for doing so is one or more the following:

• Discrimination based on the employee’s race, national origin, sex, religion, genetic profile, or age if older than 40
• Discrimination based on the employee’s known or suspected disability
• Requests from the employee for the accommodation of a disability
• Use of available Family and Medical Leave Act leave by the employee
• Military service by the employee
• Pregnancy or childbirth for the employee
• Retaliation against the employee for reporting or participating in the investigation of discrimination or retaliation
• Reporting safety problems
• Reporting violations of laws and regulations
• Engaging in union or labor organizing activities

Speak With an Ohio Wrongful Termination Lawyer

If you recognize your situation in the list above, it is time to meet with a Columbus wrongful termination attorney and discuss your legal options. Do not wait long. Several different employee rights laws can be cited in wrongful termination lawsuits, and each has a short statute of limitations.

At Barkan Meizlish DeRose Cox, LLP, we offer free, confidential, no-pressure consultations to victims of wrongful termination throughout Ohio. Call us at (614) 221-4221 to learn if we can help you. You can also schedule an appointment online.

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The World and Your Private Images are at Your Fingertips…and Everyone Else’s

In today’s technology focused society, almost everyone carries a weapon in their pocket —their smart phones. The exchange of a phone number, formally the key to communication, is virtually and literally no longer necessary. Social media apps like Snapchat, Instagram, and Facebook, connect individuals across the globe without any formal information exchange. This makes sharing, posting, and interacting as simple as one touch on a screen. While there are certainly many ways that social media benefits people globally- bringing them together, making activism easier, and bridging oceans and languages- comes an equal number of potential harmful behaviors.

What is Doxing?

With the simple tap of a screen, a smartphone can go from a communication device into a weapon. The dissemination of personal information- social security numbers, addresses, phone numbers, passwords, employer, work location- without an individual’s consent is called ‘doxing‘.

Doxing has become an increasingly common online victimization tactic. Doxing is commonly used against individuals with online presences, such as influencers or politicians, but is not limited to public figures. It has become increasingly commonplace to meet people who have been the victims of doxing either by vindictive exes or simply a person with an intent to harm or complicate someone’s life. Victims of doxing are, unfortunately, often the targets of an additionally hateful crime that ruins lives: revenge porn.

What is Revenge Porn?

While pornography itself is not a new concept, the mass distribution of pornography via digital platforms is constantly evolving. Camera phones have made taking sexually explicit images increasingly easy and common among all ages, genders, and backgrounds. Sending and receiving these images is as normalized for many young people who have grown up with access to this technology, much like the prior generations’ ability to pass a note in the hallway. Many of these exchanges are consensual when they begin. There is an often unspoken agreement that these images are only meant for the original recipient. Once the relationship sours, the potential for revenge porn increases.

Revenge Porn or Non-consensual Pornography is a broad categorization of criminal and non-consensual distribution of sexually explicit content. The term was popularized in the early part of the last decade, when activists such as activist Charlotte Laws and attorney Carrie Goldberg  began using their public platforms to educate the public on these types of crime.

As of today, 45 states, D.C., and one U.S. territory have revenge porn laws. The passing of such laws has been a concerted effort among activists. This an amazing first step for victims of revenge porn. However, it is only the start. Many of these statutes are intentionally vague due to fear of conflict with the First Amendment. Cases are often not actively pursued by law enforcement without direct advocacy. The fight to protect victims of revenge and non-consensual pornography is ongoing. It will continue to be fought until the proper protections are put in place for victims.

What Can I Do if I Am the Victim of Revenge Porn? Are There Protections for Me?

In Ohio, R.C. § 2917.211, Non-consensual dissemination of private images, makes it illegal for someone to distribute images of another person when:

1. The person in the image is 18 or older;
2. The person in the image can be identified, either from the image itself or the context in which the image was disseminated;
3. The person is nude or engaged in a sexual act;
4. The image is disseminated without the person’s consent;
5. and with intent to harm.

Thus, R.C. § 2917.211 makes sending illicit, sexual imagery of a person over the age of 18 with harmful intent a misdemeanor, with varying penalties depending on whether the violator is a repeat offender.

Also, in Ohio R.C. § 2307.66 gives victims of  non-consensual dissemination of private images a civil cause of action, meaning the right to sue the individual for damages. The damages include any of the following:

• An injunction or temporary restraining order prohibiting further dissemination of the image;
• Compensatory and punitive damages;
• That the offender pays the victim’s reasonable attorneys’ fees; and/or
• That the offender covers the court costs incurred by the victim in bringing the civil action.

An important inclusion in this statute is  “the victim shall be presumed to have suffered harm as a result of the non-consensual dissemination.” This means the damage caused by any violation of R.C. § 2917.211 is automatically assumed if it is upheld as a violation in court. This allows victims the opportunity to seek damages without “proof” of the harm caused by the dissemination of the illicit images.

Who Can I Ask for Help?

Speaking with an attorney can help you determine what your rights are. It can also help you understand any exceptions that may disqualify you from pursuing any potential damages claim. Laws such as these help victims of doxing and revenge porn fight for justice. These types of crimes have become a worldwide phenomenon and creating protections to fight for victims is crucial.  To speak with an attorney about your situation, call Barkan Meizlish DeRose Cox, LLP at (800)-274-5297 or send us an email at info@barkanmeizlish.com.

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My Employer Didn’t Pay Me Correctly but I Can’t Afford an Attorney, Now What?

Have you ever worked somewhere that didn’t pay you on time, or didn’t pay your wages properly? If yes, you probably talked about it with a friend or family member who suggested you pursue legal action. Your response may have been that you couldn’t afford a FLSA attorney, you didn’t have the time to pursue it, or that the time and cost it would take wouldn’t be worth it since it wasn’t THAT big of a deal. If you’ve ever been the victim of wage theft, you may have found yourself in this difficult position. The big question facing most victims of wage theft is- is pursuing this legally worth the money that I lost?

You are not alone in this experience. Fortunately, this does not have to be your reality and there are attorneys that will help you with no cost out of pocket to you!

Under the federal law, 29 U.S.C.sec216(b), recovery of attorney’s fee is a required aspect of a Fair Labor Standards Act (FLSA) violation claim. In simpler terms, this means when a successful FLSA claim is filed, the Court can make it the employer’s responsibility to pay for the cost of your attorney’s services. This is incredibly important for victims of wage theft and other violations of the FLSA to be aware of, as it can be the deciding factor for many who are on the fence about pursuing legal action.

What Does This Mean for Me?

As the victim of wage theft, these rules and guidelines help ensure that even the most seemingly harmless cases (emphasis on ‘seemingly’) are taken seriously by the American legal system. Often, the monetary value of a wage theft complaint is less than the potential cost of legal assistance for resolving the issue. This shifting of the attorney fees from the employee to the employer in wage theft cases is meant to eliminate the issue that may deter employees from pursuing legal action. With the federal minimum wage set at $7.25, many hourly employees are not capable of retaining legal counsel, and the fee shifting structure of the law eliminates that concern. The FLSA allows employees an opportunity to fight against an employer who has done them wrong, no matter how small the amount of wages stolen. However, it is also important to note that the statute necessities that a plaintiff receive a judgement in their favor, rather than the employers favor, for the fee-shifting to be upheld by a court.

Okay, I Want to Take My Claim to Court

Hopefully, this information has given you some peace of mind and let you know the most important part of all of this: you deserve to be treated fairly by your employer. Your next step is to contact an attorney and discuss your case. The Paycheck Warriors at Barkan Meizlish DeRose Cox, LLP are here to help. Send us an email at info@barkanmeizlish.com or give us a call at (800)-274-5297 for more information.

Posted in Labor & Employment, Wage & Hour/Overtime Violations | No Comments »

Modified Mentalities:

If you were on YouTube in the early half of the last decade, you may remember Neil Harbisson’s incredible Ted Talk “I listen to color.” For those who do not recall, Harbisson discusses his cranial implant and its associated external antenna. The implant processes color and turns them into sound waves within his skull. Having lived his whole live colorblind, Harbisson went from seeing grey scale to processing color in a way only made possible by technology.

All of this is to say that there has been an active venture to technologically modify humans for some time. It should come as no surprise that employers have tried to utilize this fascinating trend to appeal to a hip and young pool of prospective employees, and potentially exert control over them in an unprecedented way in years to come.

Blurring Boundaries:

An article published on February 3^rd, 2020 by marketwatch.com outlined the proposed legislature in the state of Indiana that would ban employers from requiring their employees to receive mandatory microchip implants. While it seems like actual cases of employers expecting their employees to receive these small, sub-dermal implants, it is an important discussion to be having in 2020. In the discussion surrounding the benefits of micro-chipping employees on a voluntary (for now) basis, there seems to be a reoccurring focus on productivity—simplify your employee’s life, improve their work ethic. It is impossible to overlook the statistics that show the contrary.

In a world where your employer is quite literally under your skin, how can employees take time for themselves or remove the potential stress of feeling on-the-clock 24/7? A recent op-ed featured in Bloomberg focused on the “always on” mentality many workers feel they cannot switch off, leading to burn out and lowered productivity. The answer to employee burnout and dissatisfaction, then, seems to be a focus on intentional away time from work rather than an increased presence in employee’s day-to-day life.

Expectations Vs. Reality:

The federal minimum wage has remained $7.25 since 2009, and yet employers continue expect more and more of their workers. In the current gig economy, many workers are left scraping together what they can from freelance or independent contracting work, desperately waiting for a full-time opportunity to take the burden of gig work off their shoulders. While many states have taken preventative action and outlawed mandatory microchip implants for employees, many people are still left questioning just how far an employer may be willing to go for their companies’ best interest. These sorts of changes will continue to challenge the current state of labor and employment law, and we must constantly be adapting to prepare ourselves for these upcoming challenges.

 

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If you have any concerns about your employers’ treatment of their employees, give us a call today at 800-274-5297.

Mara Siegel is the Marketing Director at Barkan Meizlish DeRose Wentz McInerney Peifer, LLP.

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You cannot file a workers’ compensation claim in Ohio when you request benefits solely because you developed post-traumatic stress disorder. Even if the PTSD can be linked explicitly to something that occurred in the workplace, the mental condition cannot be cited as the only reason you believe you should receive health care coverage and replacement wages for time spent out of work.

We highlighted “cannot,” “solely” and “only” because a claim for workers’ comp benefits can include a request for coverage of PTSD treatments. More on that below. The main thing to understand is that workers’ comp benefits do not get awarded strictly for mental health problems like PTSD, stress, and anxiety.

It is also important to know that severe cases of PTSD and other mental health problems can support a claim for long-term disability benefits through a program like Social Security. The key qualifier there is that the symptoms must keep people off the job for more than a year.

Still, current Ohio workers’ compensation laws limit short-term disability claims to one of the following:

• Physical injuries incurred while engaged in work-related activities
• Occupational illnesses related to exposures to substance on the job, or
• Deaths in workplace accidents.

Mentioning PTSD in a Workers’ Comp Claim

Ohio workers can extend their claim for coverage of an injury or illness by presenting evidence that they developed PTSD as a result of being hurt or sick and unable to do their job. When a qualified psychiatrist, psychologist or other health care provider diagnoses PTSD as developing because a person suffered a work-related injury or illness, treatment and therapy for the mental health condition may be provided along with treatment for the physical condition.

It also worth mentioning that the people who write Ohio’s workers’ comp laws recognize that PTSD is serious and common. In 2019, members of the state House of Representative passed a bill that would have allowed public safety employees like police and firefighters to claim workers’ comp benefits for just PTSD. That proposal did not survive in the state Senate, but it will be brought up again.

Attorneys with Barkan Meizlish DeRose Cox, LLP, are available to help with all types of workers’ compensation claims in Ohio. We offer free, no-pressure consultations, and we take appointments online. To speak with a workers’ compensation lawyer directly, call us at (614) 221-4221.

Posted in Workers’ Compensation | No Comments »

During the 2019 fiscal year, the federal agency that enforces overtime rules recorded just over 11,000 violations and collected more than $186 million in unpaid wages for nearly 215,300 workers. Ohio employers were as likely as companies and agencies everywhere else to deny overtime to employees who had earned it.

Employee rights attorneys with Barkan Meizlish DeRose Cox, LLP, welcome opportunities to help fellow Ohio residents hold every employer that refuses to pay overtime accountable. Here are four steps workers can take on their own to make that happen.

Determine Your Eligibility to Earn Overtime

Rules set by the U.S. government under a law called the Fair Labor Standards Act, or FLSA, say who must be paid overtime. Discussing all those rules in detail would create more confusion than clarity. At a practical level, you need to answer the following questions to know if you should be receiving overtime pay.

• Did you work more than 40 hours during a 7-day workweek? This is the minimum requirement for overtime eligibility.
• Do you earn less than $455 per week? Earning more than that allows your employer to automatically exempt you from earning overtime. This salary threshold rises to $684 per week in 2020.
• Do you supervise coworkers? Employers can exempt managers from overtime eligibility regardless of what a manager earns each week.
• Do you hold a job with a position title or job description that includes the word “executive,” “administrative,” “professional,” “computer,” or “outside sales”? Complicated duties tests exist for workers in several types of jobs. Your employer is allowed to make you exempt from overtime depending on your duties.

Keep a Record of the Hours You Work Each Week

The FLSA requires your employer to keep accurate records of the time you spend working and how much you get paid. Companies and agencies that refuse to pay overtime often fail to do that. Sometimes, the problem is just sloppiness, but many employers actually falsify wage and hour records.

If you believe you are being denied overtime pay, you can build your case by keeping your own records. Federal and state investigators, as well as a lawyer you hire to pursue an unpaid overtime claim, can force your employer to hand over its records. Comparing your notes with what the employer reported can reveal FLSA violations.

Ask Coworkers if They Are Being Paid for All the Hours They Work

Employers that refuse to pay overtime to you may be cheating other workers. You have the right to discuss this with your coworkers, and gathering evidence of a pattern of FLSA violations can strengthen your claim for unpaid overtime. A judge may also allow you and your coworkers to sue as a group, which ensures justice for as many people as possible.

Consult With an Employment Lawyer Who Handles Overtime Cases

You can and should bring your concerns about unpaid overtime directly to managers and supervisors. Meeting with an experienced employee rights attorney before doing so will ensure that you have solid evidence and also help protect you from retaliation. Laws exist to make firing or harassing an employee for complaining about illegal pay practices, but employers break those laws all the time. At Barkan Meizlish DeRose Cox, LLP, we only advise and represent workers. The Paycheck Warriors at Barkan Meizlish DeRose Cox, LLP, will work with you throughout your case and help assure the best possible outcome. Let us know how we can assist you with securing unpaid overtime by calling our Columbus offices at (614) 221-4221 to schedule a free and confidential consultation. We take cases all across Ohio, and we book appointments online.

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Harassment in the workplace takes many forms. Although sexual harassment has stayed in the headlines recently, thanks to the #MeToo movement, bullying and assaults against workers based on their race, religion, age, disability and other characteristics are equally  serious and illegal.

Workplace harassment laws match the federal laws to protect employees’ rights. These laws, under both state and federal,  give harassed and/or bullied workers powerful tools to hold employers accountable for failing to protect them.

The first step toward invoking protection under a law like the Civil Rights Act of 1964 or the Americans With Disability Act (“ADA”) is to recognize what constitute legally actionable harassment. So, to quote the Equal Employment Opportunity Commission (“EEOC”), “Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

Workplace harassment becomes unlawful where:

• Enduring the offensive conduct becomes a condition of continued employment, or
• The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.”

To take this definition apart a little bit and put it into practical terms, an employee cannot claim to be suffering from harassment when they invite or willingly participate in potentially uncomfortable conduct. The actions must be uninvited and unappreciated to provide the basis for a harassment complaint and lawsuit.

It is also important to note that neither a single request for a date nor a playful remark constitute harassment. The problem must come up repeatedly, be serious enough to warrant a call to the police, or cause the victim to quit or seriously consider quitting.

Report Harassment to HR or a Trusted Supervisor First

Under workplace harassment laws, a victim of harassment can consult with an employee rights attorney at any time. Doing this before filing a formal complaint can be helpful for understanding the process for pursuing a complaint and considering the possible results of taking action. A lawyer who has helped other harassment victims will also have advice on how to write a complaint and which types of evidence will support a claim.

Whether a lawyer is consulted or not, the first place to go with a harassment complaint is human resources or a supervisor. Employers are required to have processes for receiving and investigating complaints. Agencies like the EEOC and courts that handle workplace handle workplace harassment cases want to see that those processes were followed.

When a complaint filed with the employer fails to resolve the problem, a workplace harassment victim can then file a complaint with the agency that administers the applicable employee rights law. This is usually the EEOC, but a lawyer who represents harassment victims will know which agency to contact.

The agency will investigate the complaint and take one of three actions:

• Ask the employer to find a solution that protects the harassment victim,
• Issue a letter authorizing the victim to file a lawsuit against the employer, or
• File a lawsuit against the employer on behalf of the victim.

An Employer Cannot Retaliate Against an Employee Who Reports Harassment

No matter what else happens, an employee who files a complaint about workplace harassment cannot legally be fired, demoted or harassed for doing so. To quote the EEOC one more time: “Antidiscrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.”

Contact our Workplace Harassment Attorney

Still, too many employers retaliate against workers despite knowing they can face legal consequences. It is not uncommon for a harassment victim to file a lawsuit that lists separate claims for harassment and retaliation. An employee rights attorney with Barkan Meizlish DeRose Cox, LLP, can provide advice on all types of potential workplace harassment and retaliation cases. To schedule a free and confidential consultation, call us at (614) 221-4221 or complete this contact form.

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According to the Ohio Bureau of Workers’ Compensation, “Ohio law requires employers with one or more employees to obtain workers’ compensation coverage or be granted the privilege of self-insurance for liabilities associated with work-related accidents or occupational diseases.”

“Employers” include private companies, schools, healthcare facilities, state and local government agencies, and employment agencies. Individuals who are self-employed can also carry a workers’ comp policy on just themselves. This can make sense for people who do general contracting like carpentry or plumbing, as well as people who spend a lot of time driving to meet clients and customers. The risk for suffering an injury that keeps a self-employed person from working should drive the decision to carry workers’ compensation coverage.

Most employers purchase coverage through the Ohio State Insurance Fund, but some can qualify to be self-insured. A self-insured employer must prove each year that it can provide the same level of coverage for injured or ill employees that the workers’ comp plan offered by the state does.

Employers pay the premiums for Ohio workers’ compensation coverage, and an individual who suffers a work-related injury or who develops an occupational illness can apply for the following benefits:

• Payment of medical and therapy bills related to the coverable injury or illness
• Replacement of wages at up to two-thirds of their regular pay for the time spent off the job recovering
• Lump-sum payments for specified injuries such as an amputation, loss of an eye or permanent hearing loss
• Financial support for retraining or wage supplements for taking a lower-paying job after becoming able to work again

Coverage is available on a no-fault basis, meaning the injured or ill employee does not need to show that their employer or some other party was negligent in any way. Coverage is also available for any medically documented injury or illness that is work-related. Employers and the Bureau of Workers’ Compensation can challenge whether an injury or illness is work-related. Also, coverage can be denied if evidence exists to show that the condition was self-inflicted or incurred while the employee was intoxicated.

Most people who qualify to receive workers’ compensation benefits in Ohio will have their medical bills paid and their lost wages replaced. Consulting with a knowledgeable and experienced Columbus workers’ comp attorney will make it clear whether applying for additional types of coverage is justified.

A final thing to know about Ohio workers’ compensation coverage is that it can provide compensation and coverage for long and short-term injuries. However, certain long-term disability issues are best covered by another program like Social Security, a pension plan or a private insurance policy. You should contact an Ohio workers’ compensation attorney to discuss which is better for you. Attorneys with Barkan Meizlish DeRose Cox, LLP, are available to answer all your questions regarding workers’ compensation insurance in Ohio, You can call our Columbus offices at (614) 221-4221 or schedule a free consultation online.

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The laws of Ohio allow a personal injury victim to seek multiple forms of compensation from the person or organization that injured them. The rules for seeking monetary damages apply to all types of personal injury cases, such as

• Car and truck accidents
• Motorcycle and scooter accidents
• Pedestrian and bike crashes
• Bus and train wrecks
• Slips and falls
• Medical malpractice
• Dog bites and animal attacks
• Electric shocks
• Drownings
• Dangerous and defective products
• Assaults, which are also called intentional torts

People who have grounds for filing personal injury lawsuits can seek compensatory damages for economic losses and noneconomic damages. Depending on the circumstances, a victim may also be able to seek punitive damages.

Usually, a person hurt on the job can only recover for their injuries through the Ohio workers’ compensation system. However, if the injuries were caused by a third-party, the injured party may also have a negligence claim against that third-party. Consulting with an attorney who has experience handling workers’ comp claims and personal injury lawsuit will clarify whether pursing both legal options makes sense.

Explaining Compensatory Damages

Economic damages, which are also called compensatory damages, reflect the direct cost of recovering from an injury inflicted by another party’s negligence or recklessness. Items that Ohio law treats as economic damages include, but are not limited to, the following:

• Past and future medical bills for emergency care, surgeries, prescription medications, and therapy;
• Loss of wages and future earning from time missed at work and a persistent disability;
• Out-of-pocket expenses for goods and services related to recovering from the injury; and
• Travel and relocation expenses related to seeking health care or making changes to where and how one lives.

Ohio does not impose a cap on economic damage settlements or jury awards.

Noneconomic damages, which are also called general damages for a personal injury, reflect the toll that an injury takes in terms of:

• Physical pain and suffering,
• Mental anguish and emotional distress, and
• Loss of companionship

Except in cases involving catastrophic injuries, Ohio law imposes a cap on noneconomic damages to an individual that is the greater of $250,000 or three times the total of the economic damages. By statute—section 2315.18 of the Ohio Revised Code, specifically—a catastrophic injury is one that leaves the victim suffering a “permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system” or which “permanently prevents the injured person from being able to independently care for self and perform life-sustaining activities.”

Explaining Punitive Damages

Punitive damages are noncriminal monetary penalties assessed against the person or organization that inflicted an injury. They are also called exemplary damages because they are meant to serve as an example of the price to be paid for acting without regard to others’ health, safety, and well-being.

Although punitive damages are not awarded in every case, when they are they are subject to caps as well. In Ohio, punitive damages are capped at twice the value of compensatory damages. If the defendant is an individual or a small employer, however, that cap is limited to 10% of their net worth, up to a maximum of $350,000.

What About Attorneys’ Fees?

Generally, a personal injury lawyer will take a percentage of the final settlement or court award as payment for services. If no recovery is made, there is no attorney fee. Attorneys with Barkan Meizlish DeRose Cox, LLP, advise and represent plaintiffs in all types of personal injury cases throughout Ohio. We offer free consultations to potential clients, and we work hard to maximize recoveries of specific and general damages for personal injury victims. Call us at (614) 221-4221 or schedule an appointment online to learn what we can do for you.

Posted in Personal Injury | No Comments »