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Personal Injury FAQ

What must a plaintiff prove to recover for an assault or battery?

If a dog bites a person, is the owner liable for doctor's bills?

What does a person have to prove to win a slander or libel claim?

Does the average member of the public have any privacy rights?

Can a person recover damages for injuries sustained on someone else's property?

Is an owner of property liable for using deadly force to defend their property?

What remedies does a railroad worker, who is injured while working, have?

What is a slip and fall action?

Who pays workers' compensation benefits?

Who pays workers' compensation benefits?

In most states, employers are required to purchase insurance for their employees from a workers' compensation insurance company (also called an insurance carrier). In some states, however, very small companies (with fewer than three or four employees) are not required to carry workers' compensation insurance. In some states, larger employers who are clearly financially stable are allowed to act as their own workers' compensation insurance companies (also called self-insuring).

When a worker is injured, his or her claim is filed with the insurance company -- or self-insuring employer -- who pays medical and disability benefits according to a state-approved formula.

Are all on-the-job injuries covered by workers' compensation?

Workers' compensation covers most, but not all, on-the-job injuries. The workers' compensation system is designed to provide benefits to injured workers, even if an injury is caused by the employer's or employee's carelessness. But there are some limits. Generally, injuries that happen because an employee is intoxicated or using illegal drugs are not covered by workers' compensation. Coverage may also be denied in situations involving:

  • self-inflicted injuries (including those caused by a person who starts a fight)
  • injuries suffered while a worker was committing a serious crime
  • injuries suffered while an employee was not on the job, and
  • injuries suffered when an employee's conduct violated company policy.

Does workers' compensation cover only injuries, or does it also cover long-term problems and illnesses?

Your injury need not be caused by an accident -- such as a fall from a ladder -- to be covered by workers' compensation. Many workers, for example, receive compensation for repetitive stress injuries, including carpal tunnel syndrome and back problems, that are caused by overuse or misuse over a long period of time. You may also be compensated for some illnesses and diseases that are the gradual result of work conditions -- for example, heart conditions, lung disease and stress-related digestive problems.

Are You Covered by Workers' Compensation?

Most workers are eligible for workers' compensation coverage, but every state excludes some workers. Exclusions often include:

  • business owners
  • independent contractors
  • casual workers
  • domestic employees in private homes
  • farm workers
  • maritime workers
  • railroad employees, and
  • unpaid volunteers.

Check the workers' compensation law of your state to see whether these exclusions affect you.

Federal government employees are also excluded from state workers' compensation coverage, but they receive workers' compensation benefits under a separate federal law.

In addition, about one-third of the states do not require workers' compensation coverage of employers having fewer than a designated number of employees -- three to five, depending on the state. So, if you work for one of these employers, you may be excluded from the state program.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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Do I Have A Case?
  • $1,300,000 Settlement. Class Action settlement against hospital for suddenly closing its doors without properly compensating employees. Successful recovery of wages, fringe benefits, health insurance premiums and reimbursement for covered medical services.
  • $22,000,000 Settlement. Local counsel in a Class action settlement against a manufacturing company for personal injuries and property damage sustained by surrounding neighborhood residents due to plant explosion, and air and ground pollution.
  • 9,300,000 Settlement. Young woman admitted to Ohio State University Hospital with Guillain Barre Syndrome (GBS). She developed breathing problems due to the condition. The resident physician failed to act upon an alarming blood gas study and instead went to lunch. The young college student suffered a respiratory attack resulting in brain damage. She is in a permanent vegetative or minimally conscious state requiting round the clock care
  • 8,600,000 Jury Trial Middle aged woman presented to her ophthalmologist with Pseudo Tumor Cerebri a condition in which there is a build up of cerebral spinal fluid pressure in the brain. If untreated with a shunt it can cause damage to the optic nerve and blindness. The doctor elected to treat with drugs and the patient lost most of her vision
  • 3,200,000 Jury Verdict. Woman admitted to the Mt Carmel hospital for a hysterectomy. She developed an undiagnosed blood clot in her arm. The failure to timely diagnosis and treat the condition resulted in amputation of her arm.
  • 2,325,000 Trial Four month old baby developed a fever. The pediatrician obtain blood work but failed to recognized that the white blood cell count showed signs of an infection. As a result the spinal meningitis was untreated and the young boy suffered amputation of his feet and finger tips from the untreated bacterial infection that resulted in lack of blood flow.
  • 2,325,000 Trial Four month old baby developed a fever. The pediatrician obtain blood work but failed to recognized that the white blood cell count showed signs of an infection. As a result the spinal meningitis was untreated and the young boy suffered amputation of his feet and finger tips from the untreated bacterial infection that resulted in lack of blood flow.
  • 2,000,000 Settlement Driver of a truck hit a guardrail with caused his truck to collide with a bridge pier. The driver lost his leg in the accident. The suit was against the auto manufacturer and the Ohio Turnpike Commission
  • 2,000,000 Settlement Driver of a truck hit a guardrail with caused his truck to collide with a bridge pier. The driver lost his leg in the accident. The suit was against the auto manufacturer and the Ohio Turnpike Commission
  • 1,800,000 Jury Trial Sixty five year old grandmother was killed when a young uninsured driver crossed left of center colliding with the plaintiffs car.
  • 1,800,000 Settlement High school senior was hit by a Conrail train in Hilliard. The track had lights but no gates. The crossing had site restrictions making it difficult to see a train.
  • $1,000,000 Jury Trial. Product liability handgun case tried to jury. As the jury completed its deliberation, the case settled for a confidential amount. Young man sustained a severed sciatic nerve. The gun discharged after the clip was removed and while clearing the chamber. The firearm was defective in its design and warnings.
  • $1,000,000 plus in Settlements. The partners have collectively settled over 800 client cases involving exposure and resulting injuries from asbestos. Attorney Abraham argued before the Ohio Supreme Court seeking a change in the law so that it would be more favorable toward victims of asbestos exposure related injuries. Attorney Abraham has also settled additional individual asbestos cases involving cancer and other lung diseases.  
  • $950,000 Settlement. Premises liability case against seller of house, gas company, and plumbing repair company where gas leak resulted in house fire killing mother and two young children. Policy limits were limited and disputed liability.
  • $950,000 Settlement. Middle aged lady attending meeting at hospital slipped and fell while exiting restroom. Two days later she developed blood clot in her leg that resulted in her death. Liability disputed.
  • $750,000 Settlement. Young girl nearly drowned in a pond resulting in learning disability. A premises liability allegation of failure to provide adequate life guards and design of premises was defective. Disputed liability. 
  • 700,000 Trial Thirty year old man ran into the rear of a water truck that had failed to use turn signals. The plaintiff broke both legs in the automobile accident.
  • $650,000 Settlement. Elderly lady sustained broken ankle with some permanency of limitation in movement when her vehicle was struck head on by oncoming vehicle.
  • 600,000 Settlement Woman's face caught on fire during a surgery. The oxygen was ignited with a spark form electric cautery.
  • $500,000 Jury Verdict. Low speed rear-end collision truck accident. Plaintiff suffered injury to spine and doctors testified he needed disc fusion. $5000.00 in medical bills considered by the jury. Proximate cause disputed.
  • $500,000 - client suffered herniated discs and annular tears after rear end vehicular collision by a dump truck
  • $450,000 Settlement. Product liability case involving an elderly man who suffered from diabetes and had an ankle replacement. While recovering, one of the metal crutches he was using collapsed due to a defective adjustment pin causing him to fall and re-injure the ankle with permanent partial loss of use.
  • $360,000 Settlement. Handicapped lady was personally assaulted in her apartment that lacked adequate security. Permanent psychological injures.
  • $295,000 - clients (family of four) suffered neck and back injuries, closed head injuries, hip and pelvic fractures as a result of a head on vehicular collision
  • 250,000 Jury Verdict Young woman injured her thumb in a auto accident. The thumb injury interfered with her career as a hair dresser.
  • $250,000 Settlement. Product liability muzzleloader gun case where the nipple that holds the firing cap exploded from the rear of the riffle when fired causing loss of vision in shooters eye. Disputed liability.
  • $225,000 Settlement. Trip and fall down basement stairs of rented property. Middle aged lady sustained injury to her elbow when she fell down the stairs due to a lose step. Liability disputed. 
  • $200,000 - client broke both wrists during recreational ballroom dancing when negligently pushed by other dancers resulting in fall
  • $155,000 Settlement. Patron of hotel was climbing exterior steps to his room when he fell due to height variations in steps. He sustained a leg injury that substantially healed. Liability disputed.
  • $60,000 Settlement. Product liability crossbow case where the limb of the crossbow delaminated during firing causing injury to shooters eye. Disputed liability.
Verdicts & Settlements
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