LEGAL MATTERS BLOG

Take a Second Look at Your Old Workers’ Comp Claim

2009-05-27T16:46:00.004-04:00

An experienced attorney may be able to get you additional compensation

by Atty. Shawn Scharf
Green Haines Sgambati
www.greenhaines.com

Most people pursue Ohio Workers’ Compensation claims without the benefit of legal representation.

In some cases, this can be a costly mistake. The injured worker accepts the compensation offered by the state and walks away, not realizing that there may be additional compensation available to him or her.

The State of Ohio is barred by law from bringing these forms of additional compensation to the attention of the individual submitting a Workers’ Compensation claim — the applicant must ask about them. But he or she is usually unaware of this option.

An attorney experienced in Workers’ Compensation claims knows all the right questions to ask. And the good news is, these questions can be asked even in the case of a previous claim.

If you filed a Workers’ Compensation claim within the past few years, you may have additional funds available to you through the state’s Permanent Partial Disability program.

An experienced Workers’ Compensation attorney from Green Haines Sgambati can review your case and determine whether these additional funds can be pursued on your behalf.

The Attorneys For Hard-Working People
Green, Haines Sgambati
1.800. 362.0204
green-haines.com

If You Can't Get Family or Medical Leave From Work, We May Be Able to Help

2009-05-27T16:18:00.012-04:00

Recent Changes in Regulations May Work in Your Favor

by Atty. Ira Mirkin
Green Haines Sgambati
www.GreenHaines.com

If you need to take a leave of absence from your job for family, medical or military reasons, certain rights are conferred upon you by the Family and Medical Leave Act (FMLA).

Basically, an employee who meets the criteria set out in this act is entitled to up to 12 weeks leave from his or her job without fear of termination or other reprisals. A new set of amendments to this law took effect in January of 2008, and the U.S. Department of Labor recently issued regulations that clarified these amendments.

The new regulations cover several key areas, including:

the impact of “light duty” work on an employee’s FMLA leave.
clarification of the criteria that must be met to claim a “serious health condition.”
modification to regulations governing how an employee must notify his or her employer on the need for Family or Medical Leave.
changes to the Medical Certification Process by which an employer can seek information about an employee who seeks leave.
clarification of the effect a break in service may have on the requirement that an employee work at least 12 months before being eligible for FMLA leave.

Green Haines Sgambati has attorneys who specialize in Family and Medical Leave Act law. If your employer does not follow the letter of the law and attempts to deny you leave you are entitled to, we may be able to force him or her to follow the law, and to recover damages for failure to do so.

IS YOUR WILL UP-TO-DATE?

2009-04-03T13:42:00.001-04:00

by Atty. Patrick Cunning
Green Haines Sgambati
www.GreenHaines.com
It’s a sad fact that families with the very best of intentions sometimes, for a variety of reasons, neglect the crucial task of keeping their wills up-to-date — or worse, they don’t have a will at all.
Let’s face it, it’s an area that most of us don’t like to deal with. Confronting your own mortality is never pleasant, and if there are sensitivities within the family, it’s often easier to just put it off for another week, month, year or years.
Of course, doing this only adds to the considerable burdens, both emotional and practical, survivors face when a family is hit by an unexpected death.
A properly drawn will is vital to ensure that your property will be distributed among your survivors as you would want it to be. In your will, you choose an executor for your estate, and also nominate a guardian to care for your minor children if you have any.
Not only is having a will crucial, it’s important to keep it current. For example, when your children are young, you may wish for another adult member of your family to serve as executor. But as your children themselves become adults, it may be more desirable to have one of them fulfill this role.
In addition, probate laws change over time, and you may want to alter certain provisions of your will to reflect those changes, as well as changes within your own family that may cause you to feel differently than you did when the will was first drafted.
Probate law is complex, and there are steps you can take to protect your assets, and ensure your heirs are provided for in as timely and generous a fashion as possible.
The law firm of Green Haines Sgambati has several experienced probate attorneys on staff. One of them would be glad to meet with you to discuss your particular situation and help develop a sensible estate plan.

Emergency Room Mistakes

2009-03-17T09:18:00.001-04:00

by Atty. Richard Abrams
Green Haines Sgambati
www.greenhaines.com

Doctors, nurses and medical staff take pride in the standard of care in our hospitals. But the failure to exercise a degree of reasonable care in Emergency Rooms happens more often than you might think.

The attorneys of Green Haines Sgambati understand that rapid and specific treatment is essential for a patient in a hospital Emergency Room.

But inappropriate action ruins thousands of lives every year, and in some cases, results in death. The high volume of patients (often in critical condition) and chronic staff shortages create an environment in the hospital ER that is ripe for errors.

A recent study of more than 30,000 randomly selected hospital records found that hospital Emergency Departments have a higher proportion of adverse events due to negligence than any other area of the hospital. Most common were diagnostic errors or mishaps in treatment, largely due to part-time, inexperienced physicians and staff.

In the ER, time is of the essence; rapid and specific treatment is essential to a patient’s recovery. Depending on the condition, an Emergency Room physician may be required to refer the patient immediately to a specialist. Some conditions that result in long-term pain, disability or death could have been prevented by prompt and competent action by the ER staff and doctors.

The most common type of Emergency Room errors include:

• Failure to fully evaluate or treat a patient's condition
• Late or wrong diagnosis
• Faulty laboratory tests
• Contaminated blood transfusions
• Prescribing wrong medication
• Failure to monitor a patient

If you received the wrong diagnosis or were injured due to the negligence of Emergency Room doctors, nurses or staff — you may have a medical malpractice claim. You could be eligible to receive compensation for the damages caused to your family.

The attorneys Green Haines Sgambati are experienced and successful medical malpractice litigators. For a free consultation call today.

CONTACT ATTY. ABRAMS
CALL 1.800.362.0204
Green Haines Sgambati
www.greenhaines.com

Are You Being Paid All You Are Due?

2009-03-17T09:16:00.000-04:00

by Atty. Richard Bush
Green Haines Sgambati
www.greenhaines.com

In this troubled economy, data suggests that wage and hour violations in the workplace are on the rise. Compliance surveys over the past decade have exposed rampant abuse of wage and hour laws by employers.

Common violations include:

• improperly classifying employees as exempt from overtime (salaried employees are not always exempt)
• improperly classifying employees as independent contractors
• failure to pay the minimum wage (currently $7.30 per hour in Ohio)
• “off the clock” work and “unauthorized” overtime
• failing to include non-discretionary bonuses in calculating overtime
• improper wage deductions
• failure to pay on time

These violations hurt working people struggling to make ends meet, and also adversely affect law-abiding employers through unfair competition.

How serious is the problem? One Department of Labor survey of 136 nursing homes revealed more than half were violating the wage laws. Violations are common in restaurant, retail, technical services, construction, and many other industries.

Employees who suffer such violations have the right to pursue remedies under Federal and/or State law. The U.S. Department of Labor reports that back wage recoveries increased by 67% from 2001-2007.

In some cases, employees who prove violations may recover up to double damages in overtime claims and up to triple damages in minimum wage claims, plus attorney fees. Further, the law strictly prohibits retaliation against employees who file wage and hour complaints.

The attorneys of Green Haines Sgambati have represented hundreds of employees who have been unfairly victimized. If you believe you have suffered a minimum wage or overtime violation, call us for a free initial consultation.

CONTACT ATTY. BUSH
CALL 1.800.362.0204
Green Haines Sgambati
www.greenhaines.com

Worried About Losing Your Pension?

2009-03-17T08:50:00.000-04:00

by Atty. Ronald Slipski
Green Haines Sgambati
www.greenhaines.com

You’ve been a faithful, dedicated employee. Now it’s time to retire — and you have every right to expect the pension benefits promised you.

But over the course of your employment or period of retirement, your company merged or filed for bankruptcy, or there may have been a personnel change. All of a sudden, your benefits stop coming — or never come at all.

Green Haines Sgambati has an outstanding track record in litigating even the most challenging and technical cases such as these. Our lawyers help clients obtain all of the benefits to which they’re entitled. Typical issues include:

• Pension denial claims
• Benefit entitlement issues arising from the sale of a business
• Retiree medical plan claims
• ERISA preemption
• Pension plan termination and partial termination disagreements
• Withdrawal liability conflicts under the Multiemployer Pension Plan Amendments Act
• Pension miscalculation claims
• Executive compensation cases
• Severance plan disputes
• COBRA, life insurance, and other welfare benefit plan contests
• HMO and other managed care cases
• Spousal election benefits

Our success is grounded in our intimate knowledge of the Employee Retirement Income Security Act (ERISA), the legislation that covers retirement, disability, healthcare, welfare and other benefits.

Our lawyers’ practical understanding of the interaction between ERISA, the Internal Revenue Code, and other state and federal statutes governing employee benefit plans is critical to effective litigation — and effective counsel on preventing lawsuits.

A pension plan termination or denial of benefits can come as a shock. At Green Haines Sgambati we help clients deal with these and other unexpected events. We can help you assert your pension plan rights and obtain the benefits to which you’re entitled. Call us today for a free consultation.

CONTACT ATTY. SLIPSKI
CALL 1.800.362.0204
Green Haines Sgambati
www.greenhaines.com

Injured On the Job? Who Pays the Medical Bills?

2009-03-17T08:46:00.000-04:00

by Attorney Ronald Slipski
Green Haines Sgambati
www.greenhaines.com

According to the Ohio Department of Labor, approximately 80,000 are injured on the job each year in Ohio. Ohio's Workers Compensation laws entitle you to receive medical expenses and lost wages when you suffer a work-related injury.

To receive Workers Compensation benefits, you must inform your employer:

a) that you were injured while working
b) the exact date of the injury
c) the location of injury

What Injuries are covered by the Workers Compensation Act? In simplest terms, if your work causes you an injury, irritates an existing medical or physical condition or causes an illness, the law entitles you to Workers Compensation.

A physical or medical condition that already exists (e.g., a heart condition, diabetes or even a high school sports injury) does not affect your eligibility for benefits. For example, a man who has a problem with his right knee because of a football injury is eligible for Workers Compensation if the job makes his knee problem worse.

Employers who deny you Workers Compensation because of a existing condition do not know the law or are not telling you the truth.

Don't try to handle your Workers Comp claim yourself. Let our team of experienced attorneys help you collect medical expenses, lost wages and determine future compensation.

CONTACT ATTY. SLIPSKI
CALL 1.800.362.0204
Green Haines Sgambati
www.greenhaines.com

Accident With an Uninsured/Underinsured Motorist?

2009-03-17T08:19:00.000-04:00

by Attorney Richard Abrams
Green Haines Sgambati
www.greenhaines.com

If you’re involved in an accident with someone who carries only minimal auto insurance — or no insurance at all — you may feel it will be impossible for you to recover the expenses you face.

But in fact, your own auto insurance policy may contain provisions covering an accident with uninsured motorists (those who have no insurance at all), and underinsured motorists (those who carry only the bare minimum of insurance required — which is often inadequate to cover the damages you’ve suffered).

Policies with these provisions may cover:

• Medical bills resulting from injuries you’ve suffered
• Lost wages because you’ve been unable to return to work
• Loss of future earning capacity due to your injuries

Check your auto insurance policy to determine if it contains these provisions. This is coverage you've paid for as part of your insurance premium. If you're in an accident involving this kind of motorist, you have the benefits you’ve paid for coming to you.

Unfortunately, your insurance company may not always be willing to give you what you deserve and have paid for. They may try to reduce your claim, or deny it altogether.

Uninsured and underinsured motorist claims can be complex. An experienced injury attorney will make sure your insurance carrier treats you fairly and lives up to the full provisions of your policy.

If you’ve been involved in an accident in which an uninsured or underinsured motorist is at fault, don’t settle for anything less than what you deserve. Contact the attorneys of Green Haines Sgambati for a free consultation.

CONTACT ATTY. ABRAMS
CALL 1.800.362.0204
Green Haines Sgambati
www.greenhaines.com