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Workers’ Compensation: In-House Machines and Product Liability

written on June 20, 2011 by Ross Brittain and Schonberg

Workers' Compensation

For employers who build their own machines, should there be concern over a product liability lawsuit if an employee is hurt using the machine? For example, let’s say the employer is a shoe manufacturer and develops a unique machine to help with the soling of shoes. The machine is built in-house by the employer and used in the production of their product. The machine malfunctions and injures an employee. The employee, in addition to a workers’ compensation claim, also brings a product liability action against the employer. Is the product liability lawsuit a viable action? The simple answer is “no.”

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More Frequently Asked Questions Regarding Workers’ Compensation Claims and Hearings

written on June 15, 2011 by Ross Brittain and Schonberg

Workers' Compensation

When is an injured worker entitled to temporary total disability compensation?

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Workers’ Compensation: Temporary Total Disability: Always Total, Seldom Temporary

written on June 06, 2011 by Ross Brittain and Schonberg

Workers' Compensation

When Ohio’s Legislature designed the workers’ compensation system, its goal was to protect injured workers in a manner which was expedient and fair to both workers and their employers. Prior to the codification of the law, a workplace injury could lead to a personal injury lawsuit and a potential large recovery by the injured worker. However, at the same time, employers were able to defend against such lawsuits by asserting the common law defenses of contributory negligence and assumption of the risk. A bargain was struck whereby injured workers gave up their right to pursue lawsuits (with the exception of an intentional tort) and employers gave up common law defenses, in exchange for the Industrial Commission hearing process and a set schedule of benefits. The goal of the Legislature was to provide a system for the recognition of legitimate injuries, provide benefits to those injured while they recuperated, pay appropriate medical expenses, and return the worker to employment at the earliest possible time.

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Workers’ Compensation: Righting a Wrong: The Employer’s Use of Mandamus Proceedings

written on May 25, 2011 by Ross Brittain and Schonberg

Workers' Compensation

At times, the receipt of a refusal order from the Industrial Commission of Ohio (an order denying a third-level hearing) may result in a discussion with our office as to whether or not further appeal may be taken to an adverse decision.

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Workers’ Compensation: The Industrial Commission of Ohio Discontinues the Regular Use of Video Hearings

written on May 23, 2011 by Ross Brittain and Schonberg

Workers' Compensation

If you recall, my article in the last newsletter was entitled “The Industrial Commission of Ohio Initiates Video Hearings.” I emphatically told you that video hearings were “here to stay.” As you can see, my prediction was a bit off, as the title of this article will tell you. Keep in mind that I also picked the Browns to win the Super Bowl in 2008, so that should tell you a little something about my prognosticating skills.

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Workers' Compensation - Beware of Employee Misclassification When Using Independent Contractors

written on February 22, 2011 by Ross Brittain and Schonberg

Workers' Compensation

Although many employers may currently be experiencing an uptick in their businesses, the uncertainty surrounding the direction of our country’s economy remains. On top of the already-recognized economic uncertainty, a new incentive to stay “downsized” is the passage of health care reform. The ever-increasing cost of health care has always been a major consideration for employers; however, it is heightened by new penalties to be imposed when employees opt out of company-sponsored programs or when employers fail to provide affordable health insurance to employees. These penalties may run as high as $3,000 per employee.

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Employee or Independent Contractor?

written on February 22, 2011 by Ross Brittain and Schonberg

Workers' Compensation

Consider this scenario: Acme Builders is constructing a beautiful home for new Browns quarterback Brady Quinn. Acme contracts with former Browns quarterback (and first round draft pick) Tim Couch, out of work and quite bored, to hang drywall at the worksite. Tim verbally agrees with Acme that he is an independent contractor and therefore acknowledges that Acme will not provide him with workers’ compensation coverage. A few days into the job, Tim sustains a serious workplace injury. Although Tim’s injury itself is not surprising, Tim’s actions post-injury are surprising. Despite his verbal agreement with Acme, Tim decides to file a workers’ compensation claim. Acme contests the same under the assumption that Tim (as an independent contractor and not an employee of Acme) is simply not entitled to workers’ compensation benefits through Acme.

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Keys To Minimizing Lost Productivity

written on August 10, 2009 by COSEWorkersCompensation contributor

Workers' Compensation

Information About the 2009 BWC Capping Program for Disqualified Employers

written on August 10, 2009 by COSEWorkersCompensation contributor

Workers' Compensation

New Medicare Reporting Requirements for the 15K Program

written on August 10, 2009 by COSEWorkersCompensation contributor

Workers' Compensation

Regular Employee vs Sub Contractor is there really a difference

written on April 29, 2009 by COSEWorkersCompensation contributor

Workers' Compensation

Workers Comp New Injury Cheat Sheet

written on April 27, 2009 by COSEWorkersCompensation contributor

Workers' Compensation

The Independent Medical Exam IME Who When and Why

written on April 20, 2009 by COSEWorkersCompensation contributor

Workers' Compensation

Transitional Work is GOOD Business

written on April 13, 2009 by COSEWorkersCompensation contributor

Workers' Compensation

The New BWC Deductible Program

written on April 08, 2009 by COSEWorkersCompensation contributor

Workers' Compensation

Workers Comp eNewsletter Welcome from Steve Millard

written on April 07, 2009 by COSEWorkersCompensation contributor

Workers' Compensation

Workers Comp Terms and Definitions

written on April 03, 2009 by COSEWorkersCompensation contributor

Workers' Compensation

Workers Compensation Administrative Update Whats Up With Group Rating

written on April 02, 2009 by COSEWorkersCompensation contributor

Workers' Compensation

The Workers Comp Hearing Process

written on April 02, 2009 by COSEWorkersCompensation contributor

Workers' Compensation

Ive Fallen and I Cant Get Up What To Do When an Injury Occurs in Your Workplace

written on April 02, 2009 by COSEWorkersCompensation contributor

Workers' Compensation

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