If you have been involved in a car accident, it is important to take immediate action. First and foremost, ensure your safety and the safety of others involved. Contact emergency services if necessary and seek medical attention for any injuries.

Once you have addressed the immediate concerns, it is crucial to gather information about the accident. Take photos of the scene, collect contact information from witnesses, and obtain a copy of the police report. This documentation will be valuable when filing an insurance claim or pursuing legal action.

If you believe that the accident was caused by someone else's negligence, you may consider consulting with a personal injury attorney. They can assess your case, provide legal advice, and represent your interests if you decide to pursue a legal claim. It is crucial to consult with an attorney early on to understand your rights and options.

Remember, personal injury cases can be complex, and it is important to prioritize your well-being. Focus on recovering from your injuries and seeking the necessary medical treatment. Lean on your support system, whether it's friends, family, or professionals, to help you through this challenging time.

In conclusion, personal injuries resulting from car accidents can have a significant impact on your life. It is essential to take prompt action, gather information, notify your insurance company, and consider seeking legal advice from the personal injury legal experts at McKenzie & Snyder. Remember to prioritize your physical and emotional well-being throughout the process.

Misconception #1: Personal Injury Lawsuits Are Often Frivolous

The Myth: Many believe that personal injury lawsuits are frequently exaggerated, with victims seeking compensation for minor or non-existent injuries. The term "frivolous lawsuit" is often thrown around, painting a picture of a legal system clogged with unnecessary claims.

The Reality: The majority of personal injury claims are genuine, with victims suffering real, sometimes life-altering injuries. The legal system has checks and balances to weed out insubstantial claims. Personal injury attorneys play a crucial role in ensuring that only valid cases proceed, advocating for those truly wronged.

Misconception #2: Personal Injury Attorneys Encourage Lawsuits for Their Gain

The Myth: Some think that personal injury attorneys push victims to pursue lawsuits, even when unnecessary, to increase their earnings.

The Reality: Ethical personal injury attorneys prioritize their clients' best interests. They evaluate the merits of a case before proceeding and often advise clients on alternative resolutions if a lawsuit isn't the best course of action.

Misconception #3: Anyone Can Navigate a Personal Injury Claim Alone

The Myth: With the abundance of online resources, some believe they can handle their personal injury claims without legal representation, thinking it's a straightforward process.

The Reality: Personal injury law is intricate, especially in Ohio. Factors like proving negligence, understanding Ohio's comparative fault rules, and navigating insurance company tactics require expertise. An attorney's guidance can be invaluable in securing fair compensation.

The Value of Personal Injury Attorneys in Ohio

For Ohioans who've suffered due to another's negligence—be it in a car wreck, a workplace incident, a slip at a restaurant, or any setting where they weren't at fault—the role of a personal injury attorney is paramount.

1. Expertise in Ohio Law: Personal injury attorneys are well-versed in Ohio's specific regulations, ensuring that clients' rights are protected and pursued correctly.

2. Negotiation Skills: Dealing with insurance companies can be daunting. Attorneys have the experience and skills to negotiate effectively, ensuring victims receive the compensation they deserve.

3. Holistic Support: Beyond legal representation, attorneys often have networks of medical professionals, therapists, and other experts to support a victim's recovery journey.

4. Peace of Mind: Having an expert handle the legal aspects allows victims to focus on healing, knowing that their case is in capable hands.

In conclusion, while myths about personal injury attorneys persist, the reality is clear: they are essential advocates for victims, ensuring justice is served and providing invaluable support during challenging times.

The Hidden Wounds of Personal Injuries

Accidents can leave scars that are not visible to the naked eye. Whether it's a car crash on the busy roads of Ohio or a slip and fall at a local store, the emotional aftermath can be just as debilitating as the physical injuries:

1. Trauma and Post-Traumatic Stress Disorder (PTSD): Flashbacks, nightmares, and severe anxiety can plague victims long after the accident. Some individuals may avoid driving or even stepping out of their homes, fearful of another incident.

2. Depression: Feelings of helplessness, hopelessness, and a lack of interest in daily activities can set in, especially if the recovery process is slow and painful.

3. Anxiety and Panic Attacks: Beyond the generalized anxiety of the incident, victims might experience intense bouts of fear, palpitations, and even dizziness.

4. Guilt and Self-Blame: Especially in accidents where others were hurt or if the victim believes they could've done something differently, guilt can be an overwhelming emotion.

The Road to Emotional Recovery

While the journey might be challenging, it's essential to remember that emotional healing is possible. Here's how therapy and counseling can play a pivotal role:

1. Professional Guidance: Therapists and counselors are trained to help victims process their emotions, provide coping strategies, and offer a safe space to discuss fears and concerns.

2. Cognitive Behavioral Therapy (CBT): This form of therapy can be particularly effective for accident victims. It helps individuals recognize negative thought patterns and provides tools to challenge and change them.

3. Group Therapy: Sharing experiences with others who've been through similar trauma can provide a sense of community and understanding.

4. Medication: In some cases, doctors might prescribe medication to help manage symptoms of depression, anxiety, or PTSD.

McKenzie & Snyder LLP: Your Advocates in Trying Times

At McKenzie & Snyder LLP, located in the heart of Hamilton, Ohio, we recognize that personal injury cases are about more than just physical wounds. They're about helping our clients from Butler County and throughout Ohio navigate the complex emotional terrain that follows an accident. Our commitment goes beyond legal representation; we strive to ensure our clients have access to the resources and care they need for a holistic recovery.

If you or a loved one is grappling with the emotional aftermath of an accident, remember: you're not alone. Reach out, seek help, and know that there are professionals, both in the medical and legal fields, ready to assist and support you every step of the way.

Always consult with the attorneys at McKenzie & Snyder LLP for actual legal guidance. We provide a free case evaluation and you pay nothing if we do not win you a settlement. Call us or use the form to contact the law firm of McKenzie & Snyder LLP.

You're cruising, feeling like a rock star. Then, BAM! Life throws a curveball, and your car is involved in a car accident or stolen. Ouch, right?

Here's the kicker: your regular car insurance might not cover you fully.

When your car meets disaster, your standard insurance usually steps in. But it pays you the current market value, not what you paid for it. Cars tend to depreciate fast.

Gap Insurance

Cue Gap Coverage Insurance, it bridges the financial gap between your car's value and what you owe on it, like your loan or lease. That's why it's called Gap insurance – it fills in the gap.

Let’s take it even further:

No Depreciation Drama: Gap insurance ignores depreciation. It's like a superhero saying,

"I don't care about your car's value; I've got your back."

• Loan and Lease Lifesaver:

Whether you're paying off a loan or leasing, Gap insurance is your trusty companion.

• Add-On Convenience:

You can add Gap insurance to your regular policy for extra protection.

When to consider Gap insurance:

• New Car Excitement:

If you've just driven off with a brand-new car, Gap insurance is a lifesaver because new cars lose value quickly.

• Small Down Payment:

If you put down a small down payment or none at all, your loan balance might exceed your car's value. Gap insurance has your back.

• Extended Loan Terms:

If you're stretching your car loan over a long period, depreciation can work against you. Gap insurance is your safety net.

Bridge Over Stormy Waters

Think of it as a bridge over the stormy waters of depreciation, keeping you and your finances safe. So, next time you're driving off the lot in your car, consider giving Gap insurance a nod. It might be the protection your ride needs to keep you worry-free on the road. Safe travels! 🚗💨

Here are 5 reasons to hire an Ohio personal injury attorney after a car accident that was not your fault.

1 Legal expertise: Personal injury attorneys excel in handling car accident injury cases like yours, and they have the legal knowledge and experience to navigate the complex laws and regulations involved in car accident cases. They can provide you with expert guidance and advice throughout the legal process.

2 Maximum compensation: A personal injury attorney can help you to recover the maximum compensation for your injuries and damages, including medical expenses, lost wages, pain and suffering, and other losses. They can negotiate with insurance companies and other parties to ensure that you receive fair compensation for your losses.

3 Investigation and evidence gathering: A personal injury attorney can investigate the accident and gather evidence to support your case. This can include interviewing witnesses, reviewing police reports and medical records, and consulting with experts such as accident reconstruction specialists and medical professionals.

4 Dealing with insurance companies: Insurance companies are notorious for trying to settle claims for as little as possible. A personal injury attorney can deal with insurance companies on your behalf, negotiating for a fair settlement and protecting your rights throughout the process.

5 Peace of mind: Dealing with the aftermath of a car accident can be stressful and overwhelming. Hiring a personal injury attorney can give you peace of mind, knowing that you have an experienced advocate on your side who is working to protect your interests and help you to recover from your injuries.

This content was created using ChatGPT. McKenzie & Snyder LLP has reviewed and acknowledge that the content is accurate. This is marketing purposes only and should not be construed as legal advice.

For legal advice call an attorney at McKenzie & Snyder LLP. in Hamilton, Ohio.

Hamilton and Butler County residents, now is the time for your input!

Have you ever felt like Government is not listening? There are times when Government goes out of their way to get public input on things and right now the Butler County Regional Transit Authority is taking surveys and scheduling virtual events to get input on proposed changes to public transportation in Butler County.

See & Comment on Proposed Changes on this Interactive Map

BCRTA has already drafted some service improvments that they would love for you to review and provide feedback on. For computer savy individuals BCRTA has an interactive map online that you can add your input directly too. https://app.publiccoordinate.com/#/projects/bcrtatransitplan/map

Download the PDF

For less computer savvy individuals or anyone you can download a PDF of the proposed changes here: https://bcrtatransitplan.com/wp-content/uploads/2022/10/BCRTA-Transit-Plan-Display-Boards.pdf

Take The Survey!

Then take the BCRTA transit survey: https://www.surveymonkey.com/r/RXZJ79T

Join the Focus Group

You can be part of the online focus groups to discuss changes and hear the reasoning behind suggested changes and may be able to make suggestions during any one of the online meetings in November.

Online Focus Group Events: (Same meeting, register for one only) https://bcrtatransitplan.com/participate/

• Tuesday, Nov. 8; 6 – 7 PM

• Wednesday, Nov. 9; 12 – 1 PM

• Thursday, Nov. 10; 9 – 10 AM

• Wednesday, Nov. 16; 12 – 1 PM

Now is the time to speak up to make Butler County the best it can be for the next generation.

Link: Source of information, WVXU https://www.wvxu.org/local-news/2022-10-24/butler-county-transit-plan-first-two-decades

Understanding the Components of your Auto-Injury

Being involved in a motor vehicle accident is a burden nobody ever wants to face; some people are even lucky enough to have never been involved in one. In each case, tort law will apply. It is important to understand the definition of tort and how it applies to your auto-injury.

What is a Tort?

A tort is any action that leads to injury or harm and amounts to a civil wrong where a court can impose liability on a certain party. In a tort denotation, there are two terms to define:

• Injury: the breach of any legal right
• Harm: any loss that the affected party suffers

Within a tort, proving another party’s negligence or recklessness is crucial to finding the degree of liability in your case.

Tort: Negligence vs Recklessness

In the case of an auto-injury, those proven guilty of negligence may be less liable for damages than if proven to be reckless. The distinction between these follows:

• Negiligence is the failure to exercise care in a circumstance that results in injury or damage to another.
• Recklessness is when one acts in a dangerous manner fully understanding it may result in another party’s injury or property damage.

Most auto-injury cases will be dealing with negligence

Understanding how negligence laws in Ohio work will help you evaluate your case.

Proving Negligence in a Car Accident Injury

There are 4 steps to proving negligence in any auto accident injury case:

1. Proof that a legal duty exists that the defendant owed to the affected party
2. Proof that the defendant breached that legal duty.
3. Proof that the affected party sustained any injury or harm.
4. Proof that the injury or harm sustained was a result of the defendant’s breach of legal duty

Under Ohio law, if a party is more than 50% responsible for a car accident they cannot legally recovery any damages they have ensued because of the incident.

Negligence and Your Auto-Accident

In the case of an auto-injury accident, the steps in retrieving compensation resemble the steps in proving negligence.

1. Duty of Care

• Every driver on the road has a responsibility to act with care and to not endanger others. For example, coming to a complete stop at a stop sign.

2. A breach in duty of care

• How did the injuries or harm occur? If your injured in a car accident, how did it happen? Examples of breaches include failure to stop at a stop sign, crossing double yellow lines when passing another vehicle, etc.
• Attorneys use crash reports, police reports, witnesses, and other information outlets to prove breaches in duty of care.

3. Injury or loss has been sustained

• If a breach in duty of care has been proven, and you have suffered any injury or loss due to the accident, you might be entitled to make a claim.
• A claim consists of verifiable, special damages such as medical bills, chiropractic bills or wage compensation due to loss of work.
• Claims also consist of general damages such as the pain and suffering you face because of the accident.

A Walkthrough in Understanding an Auto-Injury Case

Let’s walk step by step through an example of a motor-vehicle accident.

Our client, Sky, is driving to her job as a Skyline server. She comes to a 4-way stop and makes a complete stop, looking both ways before determining it is her turn, and the road is clear. When traveling through the stop-sign, her vehicle is struck by another vehicle that failed to stop at the stop-sign. Sky has suffered a broken arm and a concussion because of the accident, now what?

1. Duty of care on the road

Did the other driver owe Sky a duty of care? Yes, the defendant had a duty to make a complete stop at the 4-way stop.

2. Breach in duty of care on the road

Did the defendant breach his or her duty of care before moving through the intersection? Yes, their failure to make a complete stop at the 4-way stop proves a breach in legal duty he or she had towards Sky.

3. Causation

Did the other drivers negligence cause Sky’s harms? Yes, his or her failure to make a complete stop at the 4-way stop caused their car to strike Sky’s causing her harms.

4. Damages

Damages that her attorneys will likely look to compensate for are:

• Medical expenses
• Property damages such as her car and any valuables that may have been damaged in the vehicle because of the accident
• Loss of work: Sky serves tables at Skyline, meaning her broken arm will likely remove her from her job for a foreseeable time.
• Any other pain and suffering she may endure, such as psychological trauma from the accident

Being in a car accident is a hardship many will never have to face but understanding your accident and the components that will be valued is important knowledge to have when you talk to your attorney.

All images here are owned by McKenzie & Snyder. Anyone is free to use them if you give appropriate credit to McKenzie & Snyder with a link to our website, and note if any edits are made to it, as per Creative Commons Attribution-ShareAlike 4.0. More info on this license, here. Thanks and enjoy!

1

If you were in an accident and you either don’t have a valid license or insurance, or both, can you still collect car accident injury compensation?

This is one of the more common questions we get. Let me begin to answer your question with a question. Because you don’t have a license or insurance, does that make it OK to injure you?

Obviously, the answer is “of course not!” Often, the status of one’s license has no outcome on a personal injury case. Not having insurance can cause you to miss out on some helpful benefits that you can carry on your own policy (medical payments, rental coverage, uninsured / underinsured coverage, etc.). However, it will not change the evaluation of your injuries and medical treatment.

Often, the status of one’s license has no outcome on a personal injury case.

If you have been in an accident that was not your fault but don't have a valid driver's license or insurance call the law firm of McKenzie & Snyder LLP. We provide a free car accident case evaluation.

Injury At Work Report Form

When informed of an on-the-job injury, either you, your doctor or your employer will complete a form called a First Report of Injury [FROI] and submit it to the Ohio Bureau of Workers’ Compensation (BWC) and/or if your employer is self-insured, your employer’s human resource staff who deals with worker’s compensation.

The FROI will initiate your workers' compensation claim. Whoever completes the form should provide as much detailed information as possible. The form can be found on the Ohio Bureau of Workers’ Compensation website.

First Report of Injury Forms and Statute of Limitations

Currently, Ohio law gives injured workers one year from the date of injury to file their claim with the Bureau of Workers’ Compensation, or two years for an occupational disease. Under House Bill 75 however, in September 2021, that rule will change and injured workers will only have one year to submit a claim for an occupational disease.

You are pulling out of a parking lot space in your car, ready to get home with your groceries, when BAM! You and another car collide. While this might feel like any other car accident, accidents in parking lots are unique in multiple ways. Not to mention, with about 20% of accidents occurring in parking lots, you should be aware of how they differ from an accident you have on the road.

1. Parking Lots Are Typically Private Property

Most of the time parking lots are owned by an adjacent business, unlike the roads you spend most of your time driving on.

2. There Is Usually Not A Police Report Done For Parking Lot Accidents

This is not to say that you shouldn’t call the police - you absolutely should! Just be aware that most of the time the police do not come out for these accidents. At best, you are probably only going to receive an exchange of information sheet and not a detailed police report like you would for an accident occurring on a government-owned road.

Therefore, it is in your best interest to make sure you collect as much evidence yourself as you can:

• Collect Evidence
• Take Pictures
• Check For Surveillence
• Collect Contact Info
• Collect Insurance Info

Take pictures of the scene before moving any vehicles, make sure you get the contact information and insurance information of the other person/people involved. Maybe even go into the business the parking lot belongs to and ask if there is any surveillance video of the parking lot that might have caught the accident on tape. This will help you down the line if/when questions of liability pop up.

Collect as much evidence as you can

3. Proving liability for a parking lot accident is typically more complicated.

As mentioned above, there are typically no police reports, so gathering evidence is imperative when a parking lot accident occurs. While the rules of the road generally apply as they would elsewhere, it is much more common in parking lot accidents for the drivers to share fault.

If the drivers share fault, whatever award you receive for the accident can be reduced by your share of the fault. It is likely in your best interest to confer with an attorney so he or she can work out the question of liability for you.

Contact an automobile accident attorney

If you have been in a parking lot accident, please reach out to us here at McKenzie and Snyder and allows us to help you navigate this confusing type of accident. Please contact us at 513-737-5180 to talk to an attorney today.

What are your rights and responsibilities as the owner of the vehicle?

You Have A Choice

First and foremost, before your car is even towed, remember, you do NOT have to use the tow company the police want. You can decide where your car is towed and if you are unsure, you can always ask your insurance company if they have a preferred lot.

You Have Rights

Once the car is in your preferred lot, you as the owner have protections and rights that the tow lot must respect. As the owner of the vehicle, as long as you have proof of ownership that you can provide, the tow lot must allow you to get in to your vehicle and retrieve any personal items at no cost and without making you retrieve the vehicle itself.

Limited Amount You Can Be Charged

Further, under the Administrative Code here in Ohio, the amount the tow lot can charge you for towing, storage, after-hour retrieval fees, and administrative fees are limited by the State and based on the weight of your car.

Your Responsibility

That said, there are some responsibilities you, as the owner of the car, have even though the accident may not have been your fault. Although the at-fault driver’s insurance may be responsible for paying the costs while your vehicle is in the tow lot, you have a responsibility yourself to keep those costs as low as possible.

Your Best Interest

Therefore, if the car is drivable, it is in your best interest to get the car out of the tow lot as fast as possible, even if you have to pay a fee. That fee will have to be reimbursed to you by the at-fault party’s insurance company.

If the car is not drivable, you may have the ability to just sell it to the lot as well. While a lot of tow yards will wait thirty days to dispose of your car, by law, you only have ten days from the date you receive your notice that your car is in the lot to make arrangements. Therefore, it is in your best interest to make sure the car is taken care of as soon as you can.

Being in a car accident, especially one severe enough to force your car to be towed from the scene, can be stressful and confusing. But, remember to keep in mind, you DO have rights and protections when it comes to your vehicle as outlined above.

If you have any further questions about your vehicle while it is in the tow lot, feel free to reach out to us here at McKenzie and Snyder at 513-737-5180.

Many people have been lucky enough to have never been involved in a motor vehicle accident. However, if you ever have the misfortune of getting into an accident, especially if its not your fault, here is what to do:

1 Make a report.

It is not uncommon for a person who causes an accident to beg and plead their victim to not call the police or make a report. This could be due to numerous reasons:

• They could not have insurance
• They could have warrants
• They could be driving without a license
• They could have drugs in the car
• etc. etc.

However, it is vital that an accurate record of the car accident is made. Insurance companies and adjusters are pre-programmed to look at crash reports for auto accident information. If there isn’t any record of your accident, it makes evaluating the insurance claim more difficult.

2 See a doctor.

Even if it is just to be evaluated, you should see a medical professional after any trauma. Most people will not have severe or life-threatening injuries immediately after a car accident. However, a much higher percentage of individuals will suffer soft tissue injuries such as:

• sprains
• strains
• bruising
• etc.

Even more concerning is the likelihood of suffering closed head injuries such as a concussion. Seeing a medical professional will not only help treat your injuries but they will also document your care and treatment. This is important when it comes time to provide evidence supporting your claim.

The insurance company is not your friend

3 Call a lawyer.

The insurance company is not your friend; and their goal is simple, Make Money. Being fair and paying people reasonable compensation for their losses doesn’t advance the insurance company's cause. If the insurance company won’t be fair on their own, you may be forced to navigate the court system in search of justice. Your chances of success are much higher with someone who has a proven track record of achieving just results for their clients.

McKenzie & Snder LLP is a car accident injury law firm that cares about our clients. That means we take all the time it takes to fight for every dollar and compensation. Right now when you or your loved ones are suddenly facing the impact of a car accident we know how much the compensation matters to get you back to where you were before the accident.

For a free case evaluation give injury attorney Matt Hammer a call. (513) 737-5180 ext. 45

If we do not win, you do not pay!

According to the National Safety Council, children are more than twice as likely to be hit by a car and injured or killed on Halloween than any other night of the year.

With the Spooky Season approaching, here are some things drivers and pedestrians should keep in mind to keep Halloween the right kind of scary:

1. Pedestrians generally have the right of way while walking in the crosswalk.

If you are out and about in your car on Halloween, make sure you are paying very close attention, especially at intersections where trick-or-treaters and their parents may be trying to cross.

According to City of Hamilton Ordinance 371.01(a), unless there is a special pedestrian control sign in use, such as a “Walk” or “Don’t Walk” signal, a pedestrian has the right of way.

Any approaching driver must yield the right of way, slow down, or stop to allow a pedestrian to cross the roadway when the pedestrian is on the half of the roadway the driver is on.

2. Pedestrians do have some responsibility while in a crosswalk.

Make sure to have an eye on the kiddos when waiting to cross at a crosswalk. While pedestrians are protected in crosswalks, under Ordinance 313.05(a) they must obey special pedestrian control signs like the ones mentioned above.

Further, they also cannot leave a curb and pop out on to a crosswalk in front of a vehicle so closely that they constitute an “immediate hazard” (Ordinance 371.01(b)).

3. Drivers should be extra vigilant when thinking about passing a car that seems to be stopped indefinitely at an intersection.

With all the little ghosts and witches out trick-or-treating, it can be difficult to see that the vehicle in front of you may be stopped in order to let pedestrians pass. Ordinance 371.01(d) states that when this is the case, any vehicle behind the stopped vehicle may not overtake and pass the vehicle that is allowing the pedestrians to cross on a marked or unmarked crosswalk.

4. Pedestrians must yield to vehicles on the road when not crossing in a crosswalk. While we all know that impatient feeling you get when you want to quickly cross the road to the other side where the “good” houses with the “good” candy are, make sure everyone is looking both ways and making sure no cars are coming before you cross. Ordinance 371.03(a) clearly states that drivers have the right of way when there is no crosswalk present.

5. When walking between two intersections that both have traffic lights, make sure you are using one of the crosswalks located at either light.

Not only will this allow you to cross more safely and theoretically be getting more attention from passing cars, it is also mandated by Ordinance 371.03(c) that when a pedestrian is in between adjacent intersections that both have traffic lights, they may only cross in marked crosswalks.

Well there you have it, a few ways to keep all the trick-or-treaters (and yourself!) safe on the roadways this Halloween!

Let the haunts commence!

Winners of the Safety Innovation Awards are announced each year at the Ohio Safety Congress & Expo. This year, five winners were awarded for their workplace innovations. We would like to take this moment to congratulate the 2020 Safety Innovation Awards winners and briefly highlight their innovative safety solutions.

Diversified Fall Protection – Portable Truss Anchor

The first of our five winners is Diversified Fall Protection, a company that engineers and manufacturers fall-safety equipment. Working on machinery while on the ground is dangerous enough; working on machinery in the air adds a heightened hazard. To this end, Diversified Fall Protection developed a novel solution to protect workers: the Portable Truss Anchor. Quicker and easier to install than traditional anchors, the Portable Truss Anchor allows workers to establish an OSHA-compliant anchorage point for working in high places. So far, over one thousand workers have made use of the Portable Truss Anchor and zero have suffered from fall-related injuries.

Fort Amanda Specialties – Custom Cleaning-in-Place Safety Solution

Second is Fort Amanda Specialties, specializing in chemical processing and creation. A dangerous aspect of working in the chemical processing industry is cleaning machinery and work materials. One of these machines, a transport screw used to move materials for production, was particularly dangerous. Cleaning the device exposed workers to the open machinery, high-pressure water, and risks of slipping on overspray. To protect their workers, Fort Amanda Specialties developed a custom wash-lid to be placed over the transport screw. The wash-lid featured a permanent spray nozzle inside, leading to workers no longer being exposed to the machinery itself, the high-pressure water used to clean it, or dangerous overspray that could lead to slippery conditions. This innovation led to safer conditions and less water usage.

Mt. Vernon City Schools – Rapid Barricade

Taking a step away from the industrial sector, the third winner is found in the public-school system. Mt. Vernon City Schools is the third Safety Innovation Awards winner, taking home the prize for their innovative Rapid Barricade. With the unfortunate reality that schools must be prepared for lockdown scenarios, Mt. Vernon City Schools personnel developed a device to help lock doors while still meeting ADA guidelines for accessibility. Their solution, the Rapid Barricade, was designed with the unique circumstances of the classroom and the ADA guidelines in mind. The Rapid Barricade is easily installed on any ADA-standard doorway, can be operated in seconds, and can withstand over 1,200 of force. Collaborating with a local machine shop, the personnel who developed this device have filed for a patent and plan to deploy their invention to other schools. This invention not only protects workers from potential harm; it also protects children as they go about their education.

TFO Tech Co., LTD – Furnace Pulley Unloader

TFO Tech Co., LTD takes the number four spot with their Furnace Pully Unloader. Producing automobile and other machine parts, TFO Tech Co. utilizes industry-standard furnaces to create their parts. One aspect of furnace operation involved workers raking parts into bins as they exited the furnace. With the parts being incredibly hot and the repetitive raking motion posing a threat to workers backs, shoulders, and chests, injuries were a serious threat. In response to this threat, TFO Tech Co. developed the Furnace Pulley Unloader, a machine operated, steel rake that would perform the same job. This invention solved the two-fold threat: workers could stay further away from the hot parts coming out of the furnace and would no longer be required to operate the rank manually. What was once a dangerous part of the job is now as simple as the push of a button.

Thyssenkrupp Bilstein of America – Near Miss Reporting App

The fifth and final winner of the 2020 Safety Innovation Awards is a Hamilton based company. Thyssenkrupp Bilstein of America is a local business that manufacturers shock-absorbers for various automobiles. Employing approximately seven hundred workers, Thyssenkrupp was facing a problem that many large-scale employers face: a lack of reporting near-miss incidents. Near-miss incident reporting required workers to fill out pages of documents, retrieve signatures from witness, and submit them through the proper bureaucratic channels. This tedious system made it inconvenient to report near-misses to the company and led to an overall lack of reporting by workers. To remedy this, Thyssenkrupp developed the Near Miss Reporting App. Readily accessible from an everyday smartphone, the app allows workers to quickly and easily report near-misses. By having these incidents reports, the company is able to preemptively act to prevent future injuries. Like the old saying goes, an ounce of prevention is worth a pound of cure.

McKenzie & Snyder extend their heartfelt congratulations to all of the 2020 winners. More information about the Ohio Bureau of Workers’ Compensation and the Safety Innovation Awards can be found at https://tinyurl.com/SafetyInnovationAwards. Likewise, video demonstrations of each of the safety innovations can be found at the Ohio Bureau of Workers’ Compensation YouTube here, https://www.youtube.com/user/BWCOhio/videos. While these winners and other contestants have made employee safety a high priority, some companies do not.

If you are injured on the job, call the attorneys at McKenzie & Snyder. With over twenty years of experience in Workers’ Compensation law, the attorneys of McKenzie & Snyder are here to fight for you.

When you need a lifeline, call McKenzie & Snyder at (513) 737-5180.

Here are five aspects of the Plan Hamilton that make this Hamilton native excited for the future of our city.

1.Bike Paths

In an effort to expand accessibility across the city, Hamilton plans to renovate and expand the bike path that runs along the Great Miami River. Expansion of the bike path will include access to the various commercial and residential parts of Hamilton. The expansion will allow for quicker bike access to multiple parts of the city and increased safety for bikers. The bike plan also includes connecting to the ambitious Miami 2 Miami Ohio bike path, a biking system that would run all the way between the Great Miami and Little Miami rivers. Further information about the Miami 2 Miami bike path can be found at

https://tristatetrails.org/miami2miami/.

2. 2nd Ward and Lindenwald Revitalization

Particular interest in the Plan Hamilton is placed on the 2nd Ward and Lindenwald neighborhoods. These historic neighborhoods will feature painted intersections for pedestrian safety, improved trash can systems to minimize litter, wall art and sculptures to celebrate local artists, and conversion of empty spaces to community gardens, amphitheaters, parks, and plazas. These small steps will hopefully culminate in a reinvigorated 2nd Ward and Lindenwald Community.

3. Grand Blvd. and Route 4 Alley Enhancements

Revitalized neighborhoods and expansive bike paths are nice, but aren’t worth much if they can’t be reached. To this end, the Plan Hamilton looks to improve the roads, with a particular focus on Grand Blvd. and Route 4 enhancements. These enhancements will include increased accessibility to these main roads, improved safety when turning into or from these roads, potential roundabouts at certain intersections to maximize safety for drivers, and improved alleyways to further accessibility to our city’s various residential and commercial areas.

4. Utility Improvements

The fourth exciting piece of the Plan Hamilton concerns utilities and improving our city’s infrastructure. The Plan looks to repair existing city infrastructure, attract new residents and businesses with competitive utility rates, and enhance essential infrastructure to sustain during disasters. With heavy storms liable to knock out power and the history of our river flooding being a constant worry during rainier seasons, utilities that can survive a disaster are necessary for the city moving forward. The upgrades planned across the city aim to promote lasting sustainability and less reliance on scarce resources. These improvements will lead to a stronger, cheaper utility system for Hamilton residents. Celebration of the Arts

5. History

Finally, the Plan focuses on an expansion of Hamilton’s history as a city of culture. Hamilton aims to become a music hub in the southwest Ohio region by expanding on the success of the amphitheater and Hamilton concert series.

Hamilton also plans to support local art initiatives in our grade schools, middle schools, and high schools, while also promoting artistic ventures in the commercial sector. This effort capitalizes on Hamilton’s rich history as a city of art and sculpture.

While these five aspects of the Plan are exciting to this Hamilton native, there are many more exciting improvements in store for the future of our city. To find more information, a full breakdown of the Hamilton Plan can be found at https://www.planhamilton.com/. Here, you can find specifics of the Plan, the processes that will need to happen to achieve the goals laid out, and success stories from the Plan so far.

With the work that has been done and will be done on the Plan Hamilton, the future looks bright for our small city.

https://www.planhamilton.com/
https://tristatetrails.org/miami2miami/

ACDA, or Assured Clear Distance Ahead, is an acronym that you may have heard in the past. ACDA simply means to maintain a safe distance between your vehicle and the vehicle in front of you while driving. This common-sense safety rule is also a law in the state of Ohio.

Ohio Revised Code 4511.21 Speed Limits – Assured Clear Distance states that:

“no person shall drive any motor vehicle, trackless trolley, or streetcar in and upon any street or highway at a greater speed than will permit the person to bring it to a stop within the assured clear distance ahead.”

This means that anytime you are driving your automobile, you are required to leave enough distance between your vehicle and the next to safely come to a stop if the need arises.

Am I at fault for the accident if cited for ACDA?

If you are cited for ACDA after an accident, there is unfortunately a high chance that you are at fault or partially at fault for the accident. Drivers have a legal obligation to maintain a clear distance ahead while driving and a failure to do so will typically render that person responsible. However, this is not set in stone.

To find out if you are at fault due to a citation for ACDA, it is best to contact an attorney immediately for a consultation. An attorney will be able to look at the specifics of your accident and advise you based on the facts of the case. You could be found fully at-fault or could be found to only be partially at-fault; it will depend on the specifics of your case.

How can I avoid an ACDA citation?

Fortunately, there are a few simple things that you can do to avoid an ACDA citation.

• You can make sure to follow-up on regular maintenance on your vehicle.
• Having up-to-date tires and breaks can help in scenarios that require sudden breaking.
• You can also maintain safe driving habits during hazardous conditions. If it is raining or snowing, simply slow down and provide extra room between yourself and the vehicles in front of you. Maintaining that extra distance can make the difference in a sudden breaking situation.
• Finally, you can avoid distracted driving. Texting while driving can slow your reaction time to dangerous levels, so keeping your cellphone away while driving can help ensure your safety and the safety of others.

These three simple things can help you avoid injuries and avoid lengthy and expensive litigation.

What can I do if someone who hit me is cited for ACDA?

If you’ve been involved in an auto-accident and the person that hit you was cited for ACDA, you may be entitled to compensation for your injuries, property damage, and suffering. The first step is to contact an attorney. An attorney will be able to compare the facts of your case to the relevant law and advise you on what actions can be taken next. If you need to contact a personal injury attorney about an accident and possible ACDA, why not call the best? When you need a lifeline, call McKenzie & Snyder. Our attorneys have over twenty years of experience in handling personal injury cases.

If you are involved in an accident, call McKenzie & Snyder at (513) 737-5180

That Hamilton is a Great Place to Bike!!!!

We Are A City On A Great River.

Hamilton, Ohio sits aside the Great Miami River, the adjacent bike paths that run from Fairfield to North of Dayton are a pleasure to cruise on and a great asset to our town.

Family Friendly Fun, Kids Can Do It.

Bike Riding is fun for all ages, almost any age can enjoy crusing along the bike path in Hamilton. Certainly considering that for very small children their are various methods such as child seats and child trailers that can safely and comfortably tow them along for a ride.

If you have questions about bike gear for kids call local Hamilton Ohio bike shop Fairfield Cyclery to learn more. We have no affilation with them but they are close to town. Have suggestions on where to get bikes and bike repair in Hamilton. Sure would be cool to see a cool local bike shop and repair place open in Hamilton. Are we missing it? Let us know. We'll go!

Excercise Relieves Stress and Burns Calories

The dual benefit of bike riding other than being very enjoyable is that you are excercising, spending energy that can no longer go to anxiety or worry. Expounding energy while breathing in fresh air, getting sun, increasing your heart rate all can relieve stress and anxiety while buring calories. Dual Healthy Win!

COVID Safe (to us) Activities in Hamilton

Bike Riding in it's nature is a socially distanced sport. Individuals sitting on their bikes are naturally about 6 feet a part. Being outdoors helps dissapate viral loads in sneezes and coughs, so while there is never 100% saftey that we are aware of, being outdoors on a bike seems less of a risk than being indoors. We are not doctors, don't take our word for it. All I'm saying is that my family is riding as much as we can right now. :)

Other relatively COVID Safe activities include hiking, walking, gardening, and possibly swimming. Be sure to check your location and the environment before making a trip, daily or seasonal conditions could increase crowd sizes or make for unsafe conditions.

We are lawyers NOT DOCTORS! Do not take our word for an activity being COVID safe or not!

We are not doctors nor experts in diseases so please take your own cautions and make the choices that are best for you. But we are bike riders. Here is McKenzie & Snyder LLP Partner Andy Tobergte on his bike on his birthday years ago with family and friends in Athens, Oh (and showing off with some syncronistic bike tricks on the bike trail!)

Bike Trails Resources, Biking Maps in Hamilton, Ohio. Links

https://www.bceo.org/maps_biketrails.html Nice Butler County Bike maps

https://www.yourmetroparks.net/covid-19 COVID 19 precautions in Butler County.

https://www.yourmetroparks.net/parks/four-mile-creek-metropark Four Mile Creek.

https://www.traillink.com/trail/great-miami-river-trail/ Interactive Map of the main bike trail through Hamilton Ohio. Great site. (free registration required to view map)

https://www.traillink.com/city/hamilton-oh-trails/ All Bike trails around Hamilton, Ohio.

Where Do You Bike in Butler County?

We would love to hear where your favorite places to bike in or around Hamilton are. Let us know and we'll share them online!

Happy Trails!

The Code of Ur-Nammu

A long time ago, in an empire far, far away, the Code of Ur-Nammu was the law of the land. The Code of Ur-Nammu, dating to approximately 2050 B.C., is the oldest existing legal document in the world. Among other things, it provided monetary compensation for specific injury to workers' body parts, becoming the first instance of workers’ compensation in the world. Coming from ancient Sumeria, in modern-day Iraq, the Code would go on to be the basis for countless other legal codes and form the foundation of legal systems in place to this very day.

The Code of Ur-Nammu, dating to approximately 2050 B.C., is the oldest existing legal document in the world

The Bismarck Model

Fast-forwarding about four thousand years, we turn to Otto Von Bismarck. Bismarck, the chancellor of the German Empire from 1871 to 1890, enacted a broad workers compensation system in Germany. This system was in response to the large number of defenses available to employers who didn’t want to be held liable for workers’ injuries.

These defenses included:

• Contributory-negligence defense: workers could be denied payment if they contributed even remotely to causing the accident
• Fellow-servant defense: reduced the employer’s liability if another worker was at fault for the accident in question
• Assumption-of-risk defense: limited a worker’s ability to recoup for damages if they knew of the dangers of the workplace

These three defenses combined made it virtually impossible for employees to receive compensation if they were injured while working. Bismarck fought to change this by passing the Sickness Bill in 1883 and Accident Bill in 1884. These two bills provided pay for missed work and pay for permanent disability, among many other things.

The United States’ Adoption

After the creation of the Bismarck model and its success, countries across the world began to create similar workers’ compensation systems. In one of those countries, the United States of America, workers’ compensation institutions began to form on a state by state basis.

Wisconsin was the first to enact workers’ compensation laws in 1911 and Mississippi was the last state in 1948.

Workers’ compensation came to Ohio with the Workmen's Compensation Act, which was enacted on June 15, 1911. This act established the Ohio Bureau of Workers’ Compensation, which is the second largest provider of workers’ compensation insurance in the country. While the history of workers’ compensation is set in stone, laws and procedures are changing every day. Workers’ compensation can be a nightmare to work through on your own, especially while dealing with an injury.

Call McKenzie & Snyder - When You Need A Lifeline!

If you are injured on the job, call the attorneys at McKenzie & Snyder. Our attorneys have over twenty years of experience in workers’ compensation law.

When you need a lifeline, call McKenzie & Snyder at (513) 737-5180.

Free Consultations

We are givers and many of our friends and followers are too. But how can we give knowing that what is given will actually help someone or make a difference?

Hamilton, we want to help. But how can we help?

Wouldn't it be amazing if there was a website were community-engaged people, such as: - Teachers - Principals - Clergy - Coaches... could post the needs they identify in the community so that other people can see the needs and fill the need if they can?

Neighborhood Bridges Does Just that and is making a Real Difference.

What is Neighborhood Bridges?

The genius of Neighborhood Bridges is in it's simplicity and use of technology. Neighborhood Bridges is a website where area coordinators like Teachers, Principals, Engaged citizens, clergy can post anonymous needs that they identify in the community.

Once a need is posted by an area director the need is sent out: - to the website, - to social media, - to the newsletter subscription.

Someone who is able to fill a need can then claim the need and fulfill the need by taking the item to the local drop off center. Usually the local firestation.

Targeted & Specific Giving

Targeted giving fits a precise need that when filled bridges a persons path upward by removing a road block in their path forward. The need is identified as part of a larger plan of success, by filling the one need you bridge a barrier toward success in an individuals attempt to better themselves.

Also, the need is specific, it is tangible, someone needed a new pair of shoes, a new pair of shoes are provided. That person is now keeping their feet warm or able to work 8 hour shifts on their feet without debilitating foot pain...

We Want To Help, But Often Do Not Know How

So many of us want to help but do not know how to help without adding to systemic problems that will continue no matter how many resources are thrown at it. While others of us on the ground see a need, like a child who needs a backpack, or a young couple who needs a crib... Neighborhood Bridges provides the solution using technology to bring the list of verified needs to the people who can bridge that need.

Where is it?

Online. On the neighborhood Bridges website each Community has it's own webpage. A person who wants to give can search for their zip code or find their town on a map to see what needs exist in their town.

Neighborhood Bridges is currently in place in Ohio and Alabama with plans to cover the entire United States.

What problem does it solve?

Giving is more complicated than many are aware of. How to give, who to give it to, is something being given actually going to improve a situation or will the giving enable a bad situation to continue? These anamolies parallel giving and can often leave someone feeling burned from giving when they feel taken advantage of.

Targeted giving fits a precise need identified by someone on the ground witnessing the need. This way, when someone fills a need on Neighborhood Bridges they know they helped a real person overcome a real roadblock in their plan.

How can I Get Involved?

• Fill needs: By going to the website anyone can see the list of open needs needing to be filled. Filling a need can be as easy as dropping something off at your local firestation or making arrangements for larger items.
• Start a chapter in Hamilton: Starting a chapter requires committment. The success of Neighborhood Bridges is in that it is managed by real people in the community and on the ground. If you want to learn what starting a Neighborhood Bridges in Hamilton, Ohio requires click here: https://www.neighborhoodbridges.org/bring-neighborhood-bridges-to-your-community
• Follow your local Neighborhood Bridges chapter on Facebook, Twitter, and sign up to recieve the Newsletter.

Hamilton, Ohio Cares and Wants to Grow.

Hamilton Ohio has a lot of us that really care about our city & the people in our community. We know that people in Hamilton want to help others who have needs but it is not always clear how to help. That's where Neighborhood Bridges steps in. Neighborhood Bridges provides a list of specific attainable needs posted by area directors that can then be claimed and fulfilled by people in the Hamilton community.

While there is not a Neigborhood Bridges chapter in Hamilton at the moment it is the hope that by spreading the word about this cool organization that we can get it set up in Hamilton, Ohio.

McKenzie & Snyder LLP cares about the people and the future of Hamilton. We have invested in the restoration of our historic Dayton St. office building preserving a stone structure that will last in Hamilton long after we are gone while attracting visitors to Hamilton to see the historic architecture. We sponsor the free to the people Rivers Edge music festival in the park sparking community spirit and fun community things to do in Hamilton.

While we may not be able to start a Hamilton Neighborhood Bridges chapter ourselves we can get the word out to the right people who can. If you know a person who is looking to work a program that would have tremendous benefit for the people and City of Hamilton let them know about Neighborhood Bridges.

Having Neighborhood Bridges in Hamilton will help our people overcome minor obstacles that imped their improvement process leading to a better and safer Hamilton.

Neighborhood Bridges Main Facebook Page

Vocational rehabilitation is the process of restoring the vocational functioning of an Ohio worker who experiences an on the job injury or occupational disease and who voluntarily agrees to participate in vocational rehabilitation.

Vocational rehabilitation is entirely optional and not required of any injured worker.

How does one get into a Vocational Rehabilitation program?

Anyone can refer a Cincinnati injured worker for vocational rehabilitation services (i.e. a doctor, a lawyer, etc.). Once referred into a program, the Bureau of Workers’ Compensation will then determine whether or not the injured employee is “eligible” for a vocational rehab program.

Who is “Eligible” for Voc Rehab?

Generally speaking, to be eligible for vocational rehab, the injured worker must:

1. have an allowed claim with eight or more days of lost time due to the work-related injury,
2. have a “significant impediment” to returning to work, and either:
• is receiving or has been awarded temporary total, non-working wage loss, or permanent total compensation for a period of time that includes the date of the referral,
• has been granted a scheduled loss award,
• has received a permanent partial disability award and has job restrictions as a result of that award by the physician of record and dated not more than one hundred eighty days prior to the date of referral,
• has reached “maximum medical improvement,”
• is receiving job retention services,
• sustained a catastrophic injury claim and a vocational goal can be established, or was receiving living maintenance wage loss not more than ninety days prior to the date of referral, has continuing job restrictions documented by the physician of record as a result of the allowed conditions in the claim, and has lost his or her job through no fault of his or her own.

(Note: other restrictions apply. See OAC 4123-18-03 for further information.)

If an injured worker is determined to be “eligible” by fulfilling the requirements above for voc rehab, he or she must then be determined to be “feasible” to gain entrance into a program.

Who is “Feasible” for Voc Rehab in Ohio?

To be “feasible” for voc rehab, the injured worker must have a “reasonable probability” of benefiting from services and returning to work as a result thereof.

If you are interested in vocational rehabilitation, have questions about "voc rehab" eligibility, and/or have been denied entrance into a program, feel free to call our office to discuss your options.

We have been practicing Ohio workers’ compensation law for over 20 years.

When you need a lifeline, call McKenzie & Snyder at (513) 737-5180.

Unicycle Restrictions

We all know traffic downtown can be a nightmare, especially when a train is slowly moving through town or stopped on the tracks. As you consider new modes of transportation, consider Ordinance 373.13(a). This law in Hamilton states that “No person shall operate a unicycle or one-wheel cycle on the public streets and on sidewalks in business districts”.

While this may seem a bit silly, riding a unicycle on a busy street or on a sidewalk full of pedestrians could be a particularly dangerous activity. No matter how good your balance is, you won’t be able to unicycle safely, nor legally, through stopped traffic on your morning commute.

Impounded Horses

Since unicycling across downtown is off the table, maybe you could take a horse-drawn carriage to get to work? If you decide to do so and need to park, be sure to make note of Ordinance 347.09(a). This ordinance lays down the law on an important consideration: what happens to your horse when your carriage gets impounded?

If your horse-drawn carriage happens to get impounded, have no fear, the law requires that the Hamilton police department house and care for the horse until you pay your impounding fee. Be quick though, the storage and care of the horse are on your dime!

Pet Hoarding

Speaking of horses, our city has taken other animals into consideration in drafting laws. While most of us sympathize with someone adopting cats or dogs to move them into a better home, the city has taken steps to minimize cases of animal hoarding. Ordinance 1713.07 states that, “No person shall keep or maintain upon any one property in the City more than five (5) total adult dogs and/or cats, nor any combination of adult dogs and cats exceeding five (5).”

This puts restrictions on the neighborhood cat lady and the pack of dogs next door keeping you up all night. While it may seem rude to report someone for having a large group of furballs, this law is largely in place to protect animals from abuse.

Stolen Goods

Moving away from animal-related law, we look towards stolen goods. Ordinance 749.04 requires all pawnbrokers in the city to send a daily report to the Hamilton police department, to report on any goods received that may be stolen or lost.

While this may seem tedious for the shop owners, a large number of stolen goods are taken to pawn shops in the hopes that the thief can quickly get rid of the items and get cash in exchange. Additionally, lost items may be found and pawned to make a quick buck. Always remember to report stolen or lost goods!

The law can be a pretty confusing thing, especially after suffering a personal injury. Fortunately, McKenzie & Snyder is here to help. When you need a lifeline, remember to call McKenzie & Snyder at (513) 737-5180.

In Ohio, generally speaking, a “wrongful death” is a death caused by the wrongful act or negligence of another.

The “wrongful act” or “negligence” provides the basis of liability in a civil lawsuit for damages. The act may be either intentional or unintentional.

Regardless, the law firm of McKenzie & Snyder is skilled and up to date with the current state of the laws. Our attorneys have the skills required to create a strong wrongful death case and see it through.

Why You Need an Attorney in a Wrongful Death Case?

During an emotional and difficult time, a wrongful death attorney can help you throughout the complicated legal process. The time after a death should be spent mourning with loved ones, not dealing with complicated legal issues. In order for your family to obtain full compensation after the untimely death of a loved one, it’s best to contact an experienced wrongful death attorney.

Wrongful death claims are complicated cases. It can get difficult for family members to understand the factors that should be considered in a settlement or what compensation will be allowed, especially while dealing with the natural process of mourning. Insurance companies can easily get away with taking advantage of the victims who do not have any legal representation. An experienced wrongful death attorney knows the value of your claim and will fight for your compensation.

How Quickly Should You Contact an Attorney?

As with most legal issues, you or a loved one should contact an attorney as soon as possible. Many things could happen during the time you were waiting to contact an attorney. The memories of witnesses could fade and evidence may disappear or become unreliable. In addition, the Ohio Revised Code sets limitations on filing a wrongful death suit.

The typical statute of limitations for a wrongful death case is only two years after the individual’s death, so you or a loved one should contact an attorney as soon as you can (O.R.C. 2125.02). It is best to contact a skilled attorney as soon as possible to both maximize your chance of a successful suit and to have the time you need to properly grieve.

What Kind of Attorney Handles a Wrongful Death Lawsuit?

A personal injury lawyer is very well suited to initiate the process of a wrongful death lawsuit and to see it through in court. The law firm of McKenzie & Snyder has the courtroom experience and the litigation strengths to confidently represent your case.

If you have questions regarding filing a wrongful death lawsuit in Ohio call the personal injury law firm of McKenzie & Snyder LLP (513) 737-5180 for a free consultation.

A dog bite could be nothing more than broken skin, but could also be as serious as leading to the loss of a limb or the transmission of a life-threatening disease. Fortunately, McKenzie & Snyder is here to help. Here are the five top things to remember if you or a loved one are bitten by a dog:

1. Protect Yourself

In the best-case scenario, a dog would never attack a person. In the second best-case scenario, the attacking dog could be subdued without hurting it. However, the law leaves room for a third and most probable situation. In order to protect yourself or your loved one, you are given the legal freedom to harm the dog if the situation requires.

This could include hitting or throwing something at the dog to get it away from yourself or the person it is attacking. You are allowed to do what needs to be done to protect yourself in the situation. After the dog is subdued or scared off, the next step is to…

2. Seek Immediate Medical Attention

A dog bite is a serious injury. A dog bite could lead to infection, the transmission of diseases, loss of tissue, serious scars, or even loss of limb if left untreated. It is important to seek medical attention immediately after a dog bite.

Immediate medical attention could include wrapping the wound to prevent bleeding, calling an ambulance, or driving an injured loved one to the emergency room. However serious the injury, medical attention should be sought immediately to make sure that no serious damage has occurred.

3. Report the Attack

After your initial medical needs are met, the next step is reporting of the attack. Ohio law health care providers and veterinarians with knowledge of a dog bite to report it within twenty-four hours with the local health commissioner in the district where the dog bite happened.

Reporting is important. Not only is it legally required; it can become the first piece of evidence needed to begin building a legal case. Reporting also gives a licensed health official the ability to test the dog for certain diseases that could have been transmitted, such as rabies.

4. Follow Up

After seeking immediate medical attention and reporting the attack within the first twenty-four hours, following up with your medical provider's recommendations is essential. While the first visit to a doctor may seem like the most important, continued medical treatment is imperative for getting back to 100%.

Always listen to your doctor or certified medical provider. If a doctor has specific recommendations for how to further care for your dog bite injury or instructs that you schedule follow up appointments, it is important to follow those recommendations and instructions.

This could be as simple as scheduling a follow-up appointment at a later day or as serious as undergoing recommended surgery. As you continue to follow up with medical professionals and treat your injuries, the fifth and final step is to…

5. Consider Legal Options

Once treatment has started and the attack has been reported, it is important to have trained professionals on YOUR side that know how to navigate the legal system and fight on your behalf. The attorneys at McKenzie & Snyder can help you navigate the process of getting compensation for your injury. No one wishes for a dog bite to happen. If one does, McKenzie & Snyder is here to fight for you.

What Is A Violations of Specific Safety Requirements – VSSR Claim?

Ohio requires employers in many types of business to follow certain rules in regard to worker safety. The benefits from Violation of Specific Safety Requirements provide compensation to injured workers when their employer has failed to protect them under such requirements.

Distinguished from a typical workers’ compensation claim, this offers benefits separate from weekly income or benefits an employee is entitled to, covering incidents in which the employer has neglected to follow any of a wide range of safety specifications, such as:

• Failure in providing specific safety gear
• Not replacing damaged equipment
• Failing to update fixtures
• And many others

Filing A VSSR Claim

If such a violation occurred from an employer failing to comply with a specific safety requirement, a worker or a dependent of a worker may file for the Violation of Specific Safety Requirement (VSSR) benefit.

The claim must be filed before the deadline expires, within 2 years from the date of the incident. The burden of proof is on the injured employee in Ohio VSSR Claims. Our experienced attorneys can assist you in getting the results you deserve.

Do VSSR Claims Effect Other Workers Comp Benefits?

Workers’ Compensation benefits are paid regardless of fault. VSSR claims are submitted to separately address the specific situation in which the employer is at fault, not affecting other workers’ comp benefits. An employee can still continue to receive income and medical benefits, even if VSSR claim is denied.

If your workplace-related injury was a result of improper safety measures or you’ve been denied benefits, contact the experienced attorneys at McKenzie & Snyder for a free case consultation. Get the leaders in Butler County personal injury law fighting for you.

Initial Ruling for Employee’s Workers Compensation and VSSR Claim

The Industrial Commission granted Thompson’s Workers’ Compensation claim and also granted his VSSR (Violation of Specific Safety Requirement) application. The Industrial Commission relied upon testimony from Thompson who “understood that there is a fixture for that application that is offered by the manufacturer, and that was only noted after the accident when we had gone back and taken a look”.

The hearing officer found that such evidence supported a violation of Ohio Adm.Code 4123:1-5-15(D). However, Jackson Tube’s maintenance supervisor and manager of safety and training refuted this claim, testifying that they were not aware of an alternative way to perform the job in a fashion that absolutely kept an individual from being under the flywheel while it was being placed back onto the cutoff machine.

Employer Seeks Rehearing for Violation of Specific Safety Requirement (VSSR)

Due to the VSSR being granted, Jackson Tube then filed a motion for rehearing under Ohio Adm.Code 4121-3-20E(1)(b), alleging that the order granting Thompson’s application was based on an obvious mistake of fact or clear mistake of law. In support of this motion, Jackson Tube offered an affidavit from the maintenance supervisor which stated that the manufacturer of the cutoff machine “did not manufacture or provide a device or mechanism to assist in removing or replacing the flywheel”.

The motion for rehearing was denied after the hearing officer determined that Jackson Tube did not meet the criteria for rehearing set forth by Ohio Adm.Code 4121-3-20E(1).

Jackson Tube filed a complaint seeking a writ of mandamus in the 10th District Court of Appeals alleging abuse of discretion in rejecting the impossibility defense. The Court of Appeals denied the writ and the matter was appealed to the Supreme Court of Ohio.

Ohio Supreme Court Decision on VSSR

The Supreme Court reversed, holding that there was no evidence to support the decision to grant the award for a VSSR and that the Commission abused its discretion. More specifically, the Court held that to establish impossibility as an affirmative defense to an application for an additional award for a violation of a specific safety requirement, an employer must show:

1. That it would have been impossible to comply with the specific safety requirement if that compliance would have precluded performance of the work.
2. That no alternative means of employee protection existed or were available.

Justice O’Connor’s dissent is well worth noting. He points out that the majority allowed Jackson Tube to have a “second bite at the apple”, by presenting new arguments and evidence not presented to the commission at the hearing. The decision is unfortunate for Ohio’s injured workers and creates confusion where clarity is needed.

What if I told you that you could immerse yourself in 2 centuries of this rich, fascinating Hamilton history, whenever you wanted? In fact, there’s a free, comprehensive walking tour that’s already lined up for you to enjoy at your very own pace!

Exploring Hamilton Ohio History

Hamilton’s beginnings as a frontier outpost for the U.S. Army, the courthouse-and-cabin town of the settlers, an agriculture and trade town, and the manufacturing city it had become, providing materials throughout the mid-1900’s through today, for farmers, mills, tools, railroads, steam engines and automobiles.

As Hamilton has changed and adapted over the years, so did its landscape and structures. Its history comes alive through its architecture and with the City of Hamilton’s digital booklet: Walking Tours of Historic Hamilton, Ohio, it’s like having a comprehensive guide to these historical easter eggs scattered in plain sight, all throughout town.

Walking Tours of Hamilton Ohio

Walking Tours of Historic Hamilton, Ohio provides a self-guided, interactive tour, with a wealth of information on Hamilton Ohio’s architecture and historical sites open to the public, from the oldest still-standing log cabin to the Art Deco municipal building of the Great Depression.

This free walking tour booklet covers nearly 200 sites among 3 historic districts and downtown Hamilton. You can even learn about the historic bronze medallions that adorn the High-Main Bridge.

Noteworthy Historic Hamilton Sites

Monument Cabin

The oldest known structure in Hamilton, the 1804 log cabin was rediscovered in the 1960’s and restored on the site of old Fort Hamilton. Located next to the Soldiers, Sailors, and Pioneers Monument in downtown Hamilton, Monument Cabin is open to the public and is furnished with pieces that reflect the life of early Butler County pioneers.

Soldier, Sailors, and Pioneers Monument

After a new dome was put into place, The Soldier, Sailors, and Pioneers Monument was recently made open again to the public. Sitting near the center of the site where Fort Hamilton once stood, this monument houses historic artifacts, photography, and war records in homage to our veterans, men and women who first settled Butler County.

Officially titled “Victory, the Jewel of the Soul,” the statue atop the monument is better known as Billy Yank, a common Union soldier name during the Civil War.

Lane-Hooven House

Also known as Lane’s Folly, the Lane-Hooven House is a rare, restored 1863 Victorian Gothic. Featuring an octagonal architecture and spiral staircase this historic structure was once home to prominent Hamilton industrialist Clark Lane and is located in Hamilton’s German Village District.

Hamilton 4th of July Parades and Fireworks

Hamilton’s 53rd Annual Fourth of July Parade begins at 10:00 am at the Butler County Fairgrounds.

With the parade theme “Celebrating Hamilton’s History – The Great Miami River,” over 100 parade entrants will be marching along with patriotic music through the streets of Hamilton, focusing on honoring veterans and the importance of the Great Miami River.

The parade’s route will continue down Dayton Lane, through downtown Hamilton’s High Street and ending at Butler County Courthouse.

Events for 4th of July in Hamilton

Speaking of the courthouse, The Taste of Hamilton will be there from morning to afternoon for you to get a bite to eat and sample some local Hamilton flavor.

Music at Rivers Edge Amphitheater will also be starting in the afternoon and leading up to Hamilton’s Summer Concert Series presenting Rozzi’s Famous Fireworks at 10:00 pm.

Hamilton Ohio Independence Day Destinations

Want more of the Hamilton 4th of July experience? Several museums and monuments will also be open for visitors during the day to experience exhibits and learn about Hamilton, Ohio and Butler County history and genealogy.

• Butler County Historical Society and Museum
• Heritage Hall Museum
• Soldiers, Sailors and Pioneers Monument

Soldiers, Sailors and Pioneers Monument

The recently renovated Soldiers, Sailors and Pioneers Monument will be open throughout the morning and afternoon for all to visit.

If you haven’t yet gone to see the renovation, July 4th is a great time to explore the restored architecture along with historic artifacts, photography, and war records in homage to our veterans and the men and women who first settled Butler County.

What will you be doing this 4th of July in Hamilton?

Fresh on the heels of adjusting traffic signals, the work done at Main and Martin Luther King, as well as the South Hamilton Crossing traffic project, we’re hearing a large promise of additional driving and safety improvements for Hamilton traffic. But it’s not without construction, of course.

Improvements To Hamilton Traffic and Driving Safety

“Major overhauls, bulldozers later this summer, intersection realignments…” Along with the linking of Ohio State Route 4 to the West Side and Miami University to be wrapped up in August, the city is working on several projects to continue the ease of Hamilton’s traffic and cut down on car accidents around downtown.

New streetlights, plans to make parking easier to find, and also news of a massive sports complex likely coming to the city, Hamilton is hoping to ready Main Street before development begins.

Hamilton Traffic and Street Project

The intersection at Main, Millville, and Eaton will be getting realigned to improve traffic flow and safety. The awkward clustering and angles will be replaced with a single, commonly structured intersection that meets at 90° angles that will bring such expected improvements to safety that the Ohio Department of Transportation is chipping in over $3 million dollars toward it!

How’s that for boosting driving safety?

Hamilton Street Construction at Main, Millville, and Eaton

The intersection will be put in with three 6-month installments starting later in the summer:

1. Eaton Avenue will be closed up to Park Avenue for 6 months
2. Millville Avenue will be closed, west of the intersection for the next 6 months
3. Main Street will have lane restrictions during next summer for 6 months

• Main Street will also have a closure for the project’s final 2 weeks

And what’s more, with Hamilton’s ongoing revitalization and renewed community involvement, the view from the McKenzie & Snyder office on historic Dayton Street just keeps getting better!

Hamilton’s Downtown Resurgence

Along with many U.S. cities, Hamilton is experiencing a downtown resurgence. However, with no other major cities in close proximity, Hamilton has forged its own path of renaissance, even leading Cincinnati to ask if Hamilton is the new Over-The-Rhine.

With today’s spending habits switching to online, Hamilton development has switched focus to people. Getting more people out on the sidewalks, going out at night, and using the downtown area on the weekends. Free concert series at Riversedge, anyone?

Retail has honed in on unique experiences, highlighting recreation, and repurposing empty spaces above the first floor of many downtown buildings to provide convenient cohabitation of storefronts and nearby residents.

Hamilton Ohio’s Revitalization Achievements

If it’s any indication, Hamilton Ohio’s downtown has experienced over $60 Million in investment over the past 5 years! Here are some of the projects and major game changers that have contributed to Hamilton Ohio’s revitalization.

• The Mercantile Lofts
• Artspace Hamilton
• 2 new parks – Marcum Park & RiversEdge
• Construction of a new amphitheater
• School of the Arts
• 150 High Street & STARTEK
• New developments such as the Marcum Apartments
• A new program to lure new college grads

What makes you proud to call Hamilton Ohio home?

We’d love to hear about it in the comments.

Mckenzie & Snyder gets it. If you’ve been involved in a car accident, you are also burdened with a number of overwhelming concerns that follow. The tumult of handling insurance, medical needs, paperwork, police reports, time away from work… It’s an understatement to say there is a lot to deal with. At McKenzie & Snyder, we’re proud to help many in Fairfield Ohio with these matters and get them what they are owed.

Having an experienced lawyer specialized in car accidents and personal injury law can lessen these burdens and help navigate the best course of action for your particular situation. What’s even better is knowing you don’t have to pay out of pocket for powerful legal representation in Fairfield Ohio.

Fairfield Personal Injury Lawyers

At McKenzie & Snyder you don’t pay us unless we win your case, plain and simple. It’s reassuring not having to worry about the upfront cost of a lawyer when your already dealing with so much.

Ohio auto accident laws are always changing and Injuries from an accident may begin subtly or not even surface until further down the road. Having an accomplished injury lawyer also means having that experience in identifying the many factors that aren’t always that obvious in a case.

The consultation is also free. Give McKenzie & Snyder a call to find out all we ways we help clients in Fairfield Ohio after an automobile accident.

Diminished Value

It’s also very likely that your car insurance owes you more money. When a car is damaged, it immediately drops in value. Even if your car is fully restored, the money your insurance paid for the repairs likely didn’t cover the loss in value.

This loss in value that cannot be restored by repairing the vehicle is called the inherent diminished value. Most Ohioans don’t know this and McKenzie & Snyder has helped many people in Fairfield get what they are owed.

Ready to get started?

Contact McKenzie & Snyder for a free consultation.

Car accidents are unpredictable. And if you’re like most people in Lebanon Ohio, being in an auto accident is certain to have you shaken up. While these accidents are unplanned, the way we respond is important. Shock, adrenaline, confusion… It can feel like the cards are already stacked against your decision-making abilities as it is. Don’t get ensnared by common misconceptions about Lebanon Ohio car accident law as well. Let’s put some of these myths to rest.

Lebanon Auto Accident Law Myths

MYTH 1: A Car Accident Means You’re Automatically Compensated

Being in an auto accident does not guarantee that you get compensation. If you are considered at fault, insurance may deny you recovery from damages.

Even if you are less than 50% at fault, insurance companies always offer you the minimum possible settlement offer first. Having a car accident lawyer fighting for you makes all the difference. We’ll talk to the insurance company for you.

MYTH 2: You Must Report Accident Injuries Immediately To Insurance To Be Covered

Actually, a lot of pain and injuries don’t fully manifest themselves until later on. While the Ohio statute of limitations requires an action for bodily injury be brought within two years after the cause for the injury, you may not experience symptoms or pain until a new physical activity or something else triggers pain from your accident.

MYTH 3: An Auto Accident Lawyer Is Not Affordable

You don’t have to pay out of pocket to acquire an experienced car accident attorney. At McKenzie & Snyder, you don’t pay us unless we win your case. That’s right, we only get paid if you get paid.

Lebanon Ohio Car Accident Lawyers

It’s important to have a lawyer who specializes in Ohio automobile accident cases. Each state’s laws are different and always changing. An experienced attorney focused in the area of car accidents, truck accidents and motorcycle accidents knows the latest rulings and requirement for what is considered a good case.

The lawyers at McKenzie & Snyder have over 25 years of experience serving Ohio car accident victims. If you’ve been in an automobile accident in Lebanon Ohio, contact the accomplished car accident attorneys at McKenzie & Snyder for a free consultation.

You pay nothing unless we win your case!

Car Accident Attorneys For Dayton Ohio

Whether your accident involved a car, truck, motorcycle, or commercial vehicle the attorneys at McKenzie & Snyder have accomplished experience in these areas, helping our clients get compensated fairly and back on their feet.

Our Dayton Ohio car accident attorneys have over 25 years of experience defending the injured throughout Ohio. We’ll help guide you through the outcome of an auto accident, identifying where you are owed and helping accelerate the recovery process.

Contact an accomplished Dayton Ohio car accident attorneys McKenzie & Snyder for a free consultation.

If you’ve been in an auto accident in West Chester, you should know that an experienced car accident attorney can be yours without risk of paying out of pocket. With Mckenzie & Snyder, there is no cost to you unless we win the case. We’ll rephrase that…

You don’t pay anything until your case awards you money.

West Chester Auto Accident Attorneys

Regardless of injury or fault, it is in your best interest to have an experienced West Chester car accident attorney fighting for you. You should be compensated for your car’s loss in value. Even if your insurance pays for repairs, they can still owe you for the drop in value after repairs are complete. Also, injuries are not always immediately apparent. It can sometimes take days or even months for the pain to surface.

Partnering with a West Chester automobile accident attorney can help ease the stress and guide you through the outcome of a car accident as well as expedite the recovery process, identifying where you are owed for injuries, lost wages, medical expenses, suffering, or other losses.

Accomplished Car Accident Lawyers in West Chester

McKenzie and Snyder has over 25 years of experience assisting auto accident victims get the compensation they deserve. Our accomplished and knowledgeable attorneys thoroughly pursue maximum compensation for our clients with the highest-quality legal representation.

After an accident, you need time to heal, not fight with insurance companies. You’ve been through enough. Let us do the fighting for you.

McKenzie & Snyder handles a wide range of motor vehicle accident and injury law:

• Personal Injury
• Automobile Accidents
• Truck Accidents
• Motorcycle Accidents
• Bicycle Accidents
• Insurance Claims
• Diminished Value

Contact an accomplished West Chester car accident attorneys McKenzie & Snyder for a free consultation

Nobody wants to be involved in an auto accident. Though many of us are vigilant in avoiding practices that can lead to such traffic incidents, high traffic areas can increase our chances of being involved in a collision, especially if you live in an area with many major attractions.

Cities such as Mason Ohio are very familiar with this as regular visitors travel to nearby entertainment hubs such as King’s Island, Great Wolf Lodge, and many other recurring festivals and events. Living in Mason, it’s good to know that you can rely on a skilled and experienced auto accident attorney if you should be involved in such an event.

Mason Ohio Car Accident Lawyers

With over 25 years serving car accident cases, McKenzie & Snyder gets it. If you’ve been involved in a traffic accident it can impact every aspect of your life. Having an aggressive legal representation can make all the difference in helping you overcome the struggles and recover from the many damages of your accident:

• Personal injury and pain
• Inability to work
• Medical bills
• Insurance complications
• Diminished car value
• and more

There is no upfront cost to you. We only get paid if you win.

Truck Accident Lawyers in Mason

Warren County is “Ohio’s Largest Playground,” and Mason sits as its anchor; a volume of traffic speeds through nearby highways I-71 and I-75. With many trucks coming through, a semi truck’s failure to check a blind spot or a rear-end collision can have devastating consequences. If you’ve been in a truck accident in Mason, contact a law firm with experience fighting trucking companies to get the compensation you need. McKenzie & Snyder LLP will listen to you, they can fight for you and your family, they can be a lifeline.

Give us a call or fill out the form for a free consultation.

Halloween is a truly enchanting time. Costumes and candy, haunting decorations and monstrous celebrations… It seems everyone takes part in the festivities. As children take to the streets, let’s do our part to keep the amusement fun and safe by practicing our share of Halloween traffic safety.

Halloween Traffic Safety

According to the National Highway Traffic Safety Administration (NHTSA), Halloween remains one of the top 3 days for pedestrian accidents. Inasmuch as the NHTSA has created their own printable safety sheet with measures we all can take to help reduce that number – download the safety sheet here.

With neighborhoods receiving increased traffic and excitement, it’s important to focus a little more attention and awareness to some details to help keep Halloween safe.

Safety for Halloween Drivers

1. Watch your speed in residential areas
2. Be aware of dark costumes and low visibility
3. Pay close attention to your peripherals, in yards. medians and on sidewalks
4. Excercise caution while entering and exiting alleys and driveways
5. Keep your headlights on during daylight and after dark
6. Look for children crossing the street, even in uncommon places

Halloween Safety for Pedestrians

1. Wear reflective tape to keep yourself visible at night
2. Carry a flashlight
3. Avoid costumes that can obscure your vision
4. Increase caution while crossing the street
5. Stick to the sidewalk – avoid walking in the street
6. Trick-or-treat with a group, if not with your parents

Keeping ourselves aware is half the battle. Please feel free to download, email or print the above safety sheet for your community. Together, we can help in keeping kids, pedestrians, and motorists safe this year.

Thanks for your help and have a Happy Halloween!

Got your own tips for Halloween traffic safety?

We’d love to hear them in the comments, below!

McKenzie & Snyder LLP serves the entire population of Southwest Ohio when injured on the job or in a car accident; they are proud to provide Spanish speaking free injury case evaluations.

Spanish is the official second language in the United States. Roughly 3% of the Cincinnati, Dayton, Hamilton corridor are Spanish speaking residents. McKenzie & Snyder LLP is proud to ensure that they are speaking your language.

Find a Spanish Speaking Injury Attorney

The difficulties following a car accident or workplace injury are multiplied when there is a language barrier. First responders who arrive at the accident scene will have difficulty communicating with a victim of a car accident, associate employees around a worker may not understand an injured worker asking for help. These issues continue along the path to recovery for a Spanish speaking individual and the injury law firm of McKenzie & Snyder LLP is working to change that.

Spanish Speaking Car Accident Injury Attorneys

Call between business hours to speak with a bi-lingual paralegal who can take the details of your case and help you determine what kind of options you have. When you meet with an injury lawyer at McKenzie & Snyder you will have a bi-lingual translator at your side making sure that nothing about your car accident or injury case is lost in translation.

No Fee Unless We Win

If you have been injured in a car accident, at work, or because of the negligence of someone else you may be eligible to receive compensation for your injuries to help you recover. An injury attorney at McKenzie & Snyder LLP may be able to help fight for your case. You can go it alone but do you want to make a mistake or battle the large insurance company lawyers who fight cases like yours for a living? That is up to you. Or, you can put the knowledge, will, and experience of the injury law firm of Mckenzie & Snyder LLP in your corner and fight for compensation for your injury and your recovery and stability.

Spanish Speaking Workers’ Compensation Lawyers

If you speak Spanish or if Spanish is your first language but need to speak to an injury attorney in Cincinnati, Hamilton, Dayton and surrounding areas you can call McKenzie & Snyder LLP and we can provide a free case evaluation. You will not be “lost in translation” and neither will we. We are proud to provide Spanish speaking injury and workers’ compensation legal services to Southwest Ohio.

Have a question? Give us a call or fill out the form to contact us.

In State ex rel. Cordell v. Pallet Cos., Inc., 149 Ohio ST.3d 483, 2016-Ohio-8446, the Supreme Court of Ohio recently held in favor of an injured worker terminated for post-accident drug screen results. In 2012, James Cordell was working for Pallet and was seriously injured when he fell near a loading dock. He filed for workers’ compensation benefits the day after the accident.

Mr. Cordell was subjected to a post-accident drug screen while at the hospital. The results came in six days later and were positive for marijuana metabolites. Mr. Cordell was terminated immediately.

Workers’ Comp & The Tenth District Court of Appeals

The Industrial Commission of Ohio ultimately determined Mr. Cordell was ineligible for compensation benefits finding that he had “voluntarily abandoned” his employment by using marijuana prior to the accident. The Tenth District Court of Appeals granted Cordell a writ of mandamus compelling the commission to vacate its order denying compensation and to issue an order granting the same.

Supreme Court of Ohio Ruling

The Supreme Court of Ohio affirmed the Tenth District, specifically holding that “when an employee is terminated after a workplace injury, his termination does not amount to a voluntary abandonment of employment for purposes of TTD compensation when (1) the discovery of the dischargeable offence occurred because of the injury and (2) at the time of the termination, the employee was medically incapable of returning to work as a result of the injury.”

A sound decision and offers good clarity for employers and employees, moving forward.

Navigating the workers’ compensation system can be an uphill battle. The attorneys at McKenzie & Snyder possess all the skill, knowledge, and experience necessary for acquiring workers’ compensation benefits for countless clients over the years.

Call McKenzie and Snyder today at (513) 657-3692 for a free case evaluation.

You pay nothing unless we win.

Getting hurt on the job undoubtedly sends shockwaves through your entire life. Whether you’ve just become injured or you’re already at odds with the Bureau of Workers’ Compensation, call us anytime with any questions or a free evaluation. The call is free and so are our services, if you don’t win your case. McKenzie & Snyder has over 25 years as workers’ compensation lawyers in Hamilton Ohio, helping folks just like you get the compensation they deserve.

Hamilton Worker’s Comp Attorneys

If you’ve become embattled with the BWC in Hamilton, having an experienced Ohio workers’ comp attorney immediately increases your odds at getting the recovery you’re seeking. It can only help and there is no cost to you unless you win your case.

• Free Case Evaluation
• We only charge if you win
• 25 Years of Workers’ Comp Experience
• Investigative Enquiring Law Firm

Hamilton OH – Hurt “Off The Job” or “On The Job?”

Even if your employer argues that you were not on the job when the injury was sustained, it is often clear that an employee suffered an injury “arising out of and in the course of” their employment. Other times, it’s not so clear. That’s where have a Hamilton workers’ compensation lawyer helps to prove that you were in fact on the job at the time of injury.

Have you recently been hurt at work in Hamilton Ohio?

Call McKenzie & Snyder LLP. for a Free Consultation: (513) 737-5180

Or use the form below to speak to an experienced injury attorney.

Vandalia, Ohio Car Accident Lawyers

Injury, insurance, medical bills, transportation… Saying there are a lot of concerns when seeking recovery from an auto accident is an understatement. Having experienced legal representation immediately betters your odds of recouping these losses. With McKenzie & Snyder in your corner, you better chances of recovery with no upfront cost, because we don’t get paid unless You get paid.

You do not pay unless you win your case.

Truck Accident Attorneys in Vandalia

have their own specific laws and details to consider for car accident compensation. McKenzie & Snyder’s experience in fighting trucking companies and truck company insurance agencies can help ensure you get the compensation you need to recover from your losses.

Please call 513-737-5180 or use the form below to contact one of the experienced auto accident lawyers at McKenzie & Snyder LLP.

Tipp City Personal Injury Lawyers

Each personal injury case is different and deserves the individual attention to detail and concern regarding each case. Together, we can discuss the specifics, such as:

• Degree of the injury.
• Liability of the incident.
• Insurance coverage.
• Details or complications of your claim.
• Is the insurance adjuster being unreasonable?

Unfortunately, a rude insurance adjuster is all too common and, in our experience, is prone to making unreasonable settlement offers. This, among many other incentives, is a prime reason why the good people of Tipp City should have legal representation for your personal injury case. Not only do you better your odds, we’ll speak with the rude insurance adjuster for you.

Have you recently suffered a personal injury in Tipp City?

Call McKenzie & Snyder for a Free Consultation: (513) 737-5180

Speak to an experienced injury attorney. No fee unless we win.

McKenzie & Snyder are so proud to be a sponsor of Loveland High School‘s robotics team who will be competing at the FIRST World Championship in St. Louis Missouri, April 26-29. Loveland’s robotics engineering team 5040, dubbed “Nuts and Bolts” won 2nd place at the Ohio State Regional competition, then competing in North Super-Regional Championship in Iowa, earning their trip to the World Competition.

What is the FIRST World Robotic Championship?

The FIRST Championship (For Inspiration and Recognition of Science and Technology), is a four-day robotics competition held every year in April and comprises of four competitions from four STEM education outreach programs:

• FIRST Robotics Competition (FRC) Championship
• FIRST Tech Challenge (FTC) World Championship
• FIRST Lego League (FLL) World Festival
• FIRST Lego League Junior World Expo

The FIRST Robotics Program was started by the inventor of the Segway stand-up scooter, Dean Kamen, to inspire student interests in the fields related to STEM education (Science, Technology, Engineering, and Mathematics), especially robotics, engineering, and to teach problem-solving and communication.

Loveland’s robotics team became eligible for advancement from the FTC Super-Regionals based on many factors including robot design, robot performance and team factors such as community service and outreach.

Watch the FIRST Competition LIVE, here.

Check out Loveland’s Nuts and Bolts team out on Facebook, Twitter, Youtube, and Instagram!

Car safety technology can be profoundly effective. Many advanced features have been growing in technology and are becoming more and more available as options for your vehicle. But what if we told you there was a safety feature now standard in every car that could reduce collisions by 80 percent? Incredible! It may astonish you that although all cars have this component, only half of drivers use this safety feature!

USE TURN SIGNALS PLEASE!

Indiana State Policeman, John Perrine demonstrates this often forgotten, most effective safety feature that is standard on all vehicles:

Automobile Accident Attorneys

Here at Mckenzie & Snyder, we are always interested in discovering the best automobile safety features and their effectiveness in making them safe. Car safety features are always evolving as much as the technology that drives transportation, itself. However, the simplest solution can often be the best solution to ensure your safety on the road. Stay safe, out there!

Mckenzie & Snyder LLP is here for you if you have been through an accident.

Call for a FREE consultation! (513) 737-5180

Underinsured Motorist Insurance

Auto Owners had issued a policy including underinsured motorist benefits for Mr. Wetzel’s father’s trucking company. Mr. Wetzel was listed on the policy as a “scheduled driver.” Mr. Wetzel argued that his inclusion on such list created an ambiguity that should have been interpreted in his favor. The Court interpreted the policy otherwise, finding it to be clear that coverage was not afforded because he was not a resident relative (of his father), nor was he driving a covered vehicle at the time of the accident.

For the full case, click here: http://law.justia.com/cases/ohio/second-district-court-of-appeals/2016/2015-ca-26-3.html

Free Consultation

The lawyers at McKenzie & Snyder LLP are in a continual state of research and education to master auto insurance law in Ohio and represent car accident injuries for all Ohio motorist. If you have been injured in a car accident, at work on or off duty, or would like to claim the diminished value your vehicle has suffered due to a car accident then call McKenzie & Snyder LLP now to receive a free case evaluation. If your injury has left you immobile, do not fret; the firm can send a lawyer to meet you where you are most comfortable.

Many automakers started implementing automobile safety features in the early 2000’s that were designed to reduce the risk of whiplash or neck injury. So it begs the question: Is whiplash prevention technology reducing automobile injuries?

A Safety Study In Active Head Restraints

This whiplash prevention technology is designed for the most effective goal in reducing the risk of whiplash in rear-end crashes: keeping the passenger’s head and torso moving together. So, are these newer safety designs reducing neck injuries of car passengers?

Many studies such as one by the National Highway Traffic Safety Administration have examined three separate approaches to improving this technology:

1. Improvement to the geometry of the headrest, allowing it to be better-positioned behind and closer to the back of an occupant’s head.
2. Active head restraints, which aids in preventing neck injury by moving the head restraint up and forward in the event of a rear crash, supporting the head and absorbing impact.
3. Seatback safety designs which allow them to yield in rear-end crashes to reduce the forward acceleration of occupants’ torsos.

Effective Whiplash Prevention Technology

Active head restraints proved to help reduce the risk of neck injury, not only by supporting the head at an early timing but also through its trajectory, which stops the malalignment of joints. Insurance companies (Nationwide, Progressive, and State Farm) participating in the study also supplied claim data which proved that neck injury claim rates reduced by 43% in Saab, General Motors, and Nissan models with active head restraints, compared to earlier models without the technology.

Room For Improvement In Automobile Neck Injury Prevention

Other whiplash prevention systems didn’t prove to fare as well. The Insurance Institute for Highway Safety (IIHS) found that neck injury claim rates didn’t decrease with some seatback designs such as Toyota’s whiplash injury lessening system, but the IIHS has since been working with them to improve these results. Improved head restraint geometry such as in Ford’s, saw mixed outcomes: a 37% claims reduction for women, however an 8% increase in men.

As automobile technology grows, so does the demand for safety and improvements. Want to know more about the effectiveness of automobile safety features? Stay tuned as McKenzie & Snyder continues to break down some solid facts to answer the question: Do newer automobile safety features increase passenger safety?

Mckenzie & Snyder LLP is here for you if you have been through an accident.

Call for a FREE consultation! (513) 737-5180

Standard Automobile Safety Features

There is no doubt that existing automobile technology has played a vital role in keeping us safe on the road. Airbags, antilock brakes, traction control, safety belt features, electronic stability control — these have all made such a tremendous improvement to our safety that they have become standard in all new cars and trucks. As more and more people populate the road in their vehicles, the automobile industry tirelessly increases their efforts in keeping automobiles safe and secure. Just what are these newer automobile safety features?

Newer Car Safety Features – Accident Avoidance Systems

Active head restraints –** These help prevent whiplash by moving up and forward in the event of a rear crash, supporting the head and absorb impact.**

Adaptive cruise control –** Using lasers, radar, or cameras, maintains a constant distance between you and the car ahead. Some systems will even come to a full stop when traffic deems appropriate, then automatically resume when traffic starts again.**

Automatic emergency braking – Working with the Forward-collision warning system, this will engage the brakes automatically in the event you don’t react to the collision warning in time.

Automatic high beams –** This automatically switches headlights between low to high beam during appropriate conditions.**

Backup camera –** A rear-view camera that displays on the dashboard or console that comes on when the vehicle is put in reverse. This safety device has proven itself insomuch that it will become standard in all light-weight duty vehicles starting 2018.**

Blind-spot warning –** Using radar or cameras, this feature will illuminate a warning when another vehicle is within your car’s blind-spot. Some will also give an audio alert when attempting to move into a lane with a blind-spot obstruction.**

Brake Assist –** Studies have proven that most drivers don’t brake as hard as they could in emergency stops. Brake Assist intervenes to achieve the shortest amount of stopping distance.**

Forward-collision warning –**** scans for cars, using cameras, radar or laser to alert the driver of an imminent crash when approaching an object too quickly [usually an audio or visual alert allowing time to react].

Lane departure warning –** Lasers or cameras monitor lane markers to alert you if you leave your lane without a turn signal engaged.**

Lane-keeping assist –**** While sensing when you exit your lane, this will also provide gentle steering back into your lane

Parking assist systems – These sensors around the perimeter of the car aid during parking speeds by alerting you when obstacles are getting close.

Pedestrian detection – Works in conjunction with forward collision warning and automatic emergency braking to sense and prevent collision with pedestrians.

Rear cross-traffic alert – Senses traffic that may cross your path as you reverse – very helpful in parking lots and driveways. Some systems will automatically brake in the event of an obstruction.

Telematics – Including BMW Assist, GM OnStar, Hyundai Blue Link, Kia UVO, Lexus Safety Connect, Mercedes-Benz’s mBrace, and Toyota Safety Connect, these systems combine GPS (global positioning system) cellular technology to allow the driver to connect with a central dispatch center in the event of an emergency, all by the touch of a button. This system can also automatically contact the dispatch center, to locate the vehicle and direct emergency services.

Tire-pressure monitors – An alert aiding in handling, fuel economy, and preventing blowouts, low-tire-pressure warnings have become mandatory in 2006, by government regulation.

Stay tuned as we unwrap some facts about these technologies and dive into answering the question: Do newer automobile safety features increase passenger safety?

Mckenzie & Snyder LLP is here for you if you have been through an accident.

Call for a FREE consultation! (513) 737-5180

Cautious Driving After Dark

Driving at night is dangerous enough as your vision becomes impaired due to the dark. Stress, fatigue, intoxication: these hazards can be all too common in the wee hours of the night. Sometimes letting another person drive is a good way to not only keep your car and it’s passengers safe, but others on the road safe as well.

1. Avoid looking directly at oncoming headlights.
2. Reduce any glare by using the day-night feature on your rearview mirror (sometimes accessed by a flip tab at the bottom of the mirror)
3. Increase your car’s visibility by keeping headlights on 1 hour before dusk and 1 hour after dawn
4. Ensure all brake and signal lights are in working order
5. Give yourself greater distance from other vehicles – it’s harder to gauge distance at night
6. Keep your windshield clear and squeaky clean — have plenty of windshield spray cleaner in the tank
7. Don’t ignore eye fatigue – take breaks if needed
8. Keep in good visits with your optometrist
9. Be cautious of deer crossing the road
10. Clean your lights so they stay bright in the dark

Stay safe on the roadways at night by watching for warning signs and limiting any chance of anything happening to you or anyone else on the road. Put down your phone, turn down the radio and remember that you can’t see everything at night.

Mckenzie & Snyder LLP is here for you if you have been through an accident.

Call for a FREE consultation! (513) 737-5180

Hamilton Community Mission

The mission of the Hamilton Community Foundation is to drive positive change by connecting people, ideas, and resources. This foundation is continuously driving positive change in Hamilton by:

• Working to address issues of concern in the community, such as social and health issues affecting children, families, education while supporting community revitalization.
• Engaging in community leadership by bringing people together to address priority issues that affect Hamiltonians.
• Helping people give in a way that has some meaning to them and impacts in the community.
• Solving problems, develop partnerships and provide leadership to help build lasting, positive change in the community.

Click Here to display the strategic plan of the Hamilton Community Foundation.

Creating A Lasting Change

Hamilton Ohio is working together through this community foundation to strengthen neighborhoods by reducing poverty, and creating a drive to positive change and a vibrant city. Community foundations are charitable organizations dedicated to improving communities in specific geographical areas. They do this by pooling the charitable gifts of donors to create endowment funds and using the investment income to make grants.

McKenzie & Snyder is an organization that cares about Hamilton’s community, families and businesses. If you’re looking for legal help from a team who cares contact McKenzie & Snyder at (513) 737-5180.

Looking for a way to give back to the community while having a good time? Help raise money to strengthen the educational programs in our community at the 2016 Central Montessori Academy’s Walk- A-Thon in Springfield Township! On Friday, October 7th, CMA will hold its 8th annual Walk-A-Thon with the goal to increase quality educational experiences to diverse economic schools.

This Years Walk-A-Thon Goal!

This year’s goal for the Walk-A-Thon is to raise $15,000 and to achieve 100% participation. Mckenzie & Snyder is helping sponsor the Central Montessori Academy’s Walk-A-Thon this Friday. If you’d like to help out or be a sponsor there are plenty of opportunities to do so! Your donation is tax deductible.

Make A Difference In The Communities Of Cincinnati

The CMA has been serving young children in Springfield Township since 1978, providing children world-class education, but also nurtures the heart to develop the child’s self-confidence, personal creativity, and entrepreneurial spirit. Help give back to the Central Montessori Academy by attending the Walk-A-Thon this year with over 100 more families.

Each donation to the CMA makes a difference in the young lives of the children around us. With your donation, the CMA ensures that each child will be exposed to nature and the understanding of how important it is to care for the environment around us. These donations will help build the gardens, agriculture, and other outside science experiences, along with supporting the community and local businesses.

McKenzie & Snyder is a community-minded organization. Looking for legal representation from experts who care? Call McKenzie & Snyder at 513-737-5180.

Traffic Violations & Tickets

No matter where you go there is a good chance that you are committing at least one of these common traffic violations:

1.) Speeding

2.) Failing to signal

3.) Running a red light

4.) Crossing lanes within an intersection

5.) Not using a seatbelt

6.) Crossing the median

7.) Reckless driving

How To Prevent Minor Car Violations From Happening

It’s always important to remind yourself of everyday responsibilities. These laws are important guidelines for safety. It’s up to you to abide by them. Even one speeding ticket can raise your insurance for several years, and multiple violations can push your rates through the roof. Fortunately, many fines can be avoided by following these few simple guidelines.

• Know your traffic laws
• Drive safely
• Wear your seatbelt
• Be aware of other cars
• Know your surroundings and the roads you travel on
• Be aware of surrounding traffic
• Stay off your phone!

Remember you’re not the only one on the road, you could potentially be putting others in danger as well. Start by creating habits out of these responsibilities and stay safe on the road today!

Have you been involved in an accident? Get the right legal team in place to fight on all fronts on your behalf. Call Mckenzie & Snyder at: (513) 737-5180

Where is the Cincinnati Streetcar’s Route?

The Cincinnati Bell Connector will connect The Banks on the Riverfront with Over-the-Rhine and all points in between. Here are a few popular destinations along this route:

• Government Square
• Fountain Square
• Contemporary Arts Center
• Public Library
• Aronoff Center
• JACK Cincinnati Casino
• Gateway Quarter
• School for the Creative and Performing Arts
• Music Hall
• Washington Park

Streetcar Stop Stations

There are 18 stop stations located along the streetcar’s route. The fare is $1 for two hours and $2 for a day pass. Individuals with Metro’s Fare Deal card can buy a $0.50 two-hour ticket. You must buy your fare ticket before boarding the streetcar. There is a ticket vending machine at each streetcar station.

image credit: http://www.cincinnati-oh.gov/streetcar/design-route/

Hours of operation:

• Monday-Thursday 6:30 a.m. – midnight
• Friday 6:30 a.m. – 1 a.m.
• Saturday 8 a.m. – 1 a.m.
• Sunday and holidays 9 a.m. – 11 p.m.

How often it will operate:

• Monday-Friday 11 a.m. to 7 p.m. Every 12 minutes
• All other days/times Every 15 minutes

How Does The Cincinnati Bell Connector Work?

Downtown is Cincinnati’s largest employment center, with approximately 70,000 people in the area every day. It has been proven in cities from Atlanta to Seattle that fixed rails in the ground with thousands of potential riders draw new storefronts and businesses, as well as fixed up housing. This new development will put people to work and boost the city’s tax revenue.

Streetcar Grand Opening Events

Many downtown Cincinnati businesses are participating in the streetcar’s grand opening. Give the streetcar a try with free rides all weekend! With so much to do this weekend, be sure to check out Metro’s official Streetcar Grand Opening Schedule for a detailed list of events and specials you can receive on food, drink, entertainment and shopping around downtown Cincinnati.

Mckenzie & Snyder is beyond excited to see the Cincinnati Bell Connector Launch this Friday!

Sweetheart of Ohio

Loveland boasts an active and historic downtown with shopping and food in a comfortable small town setting. Passing through town is the Little Miami Bike Path which runs for 76 miles along the Little Miami River. Along with Lake Isabella and other natural sites, Loveland has much to do for the outdoor enthusiast.

Loveland City School District is made up of exceptional schools including the Early Childhood Center, Primary School, Elementary School, Intermediate School, Middle School, and High School. They offer many programs including Anti-bullying, Health Services, Food Service and Child Nutrition Programs. All programs are aimed at preparing their students for tomorrow. As a thriving residential and business community, Loveland City School District serves a diverse population of 12,000 citizens.

The Loveland Schools Foundation

The Loveland Schools Foundation is a non-profit community-based organization that helps support school programs, services and the district as a whole. The foundation provides projects, trips, scholarships and even recently, an endowment fund. The foundation is supported by parents, alumni, and businesses in the community, all working together to better the Loveland School District.

Mckenzie & Snyder LLP are proud supporters of the Loveland Schools Foundation and hope to better the district and community through the organization. For more information on the Loveland Schools Foundation and to get involved, go to http://www.lovelandschools.org/Alumni1.aspx

An Accident has Occurred, Now What?

Ohio’s state traffic laws require any driver involved in an accident must stop their vehicles as soon as it is safe and follow the steps below:

1. Check on all drivers and passengers and provide basic aid and/or call for emergency help.
2. Contact the police; the police will make sure all procedures are followed correctly and help keep evidence preserved.
3. Exchange Information: Contact Information, Insurance, and Drivers License.
4. Identify witnesses during the accident who could help support facts.
5. Get in touch with insurance – yours and the other vehicle’s insurance company.

Unattended Vehicle Collision

If you find yourself in an incident where you collided with stationary property or an unattended vehicle don’t drive off because “no one saw” the accident. It’s important that you make the effort to identify the owner of the property you damaged and let them know what had happened. You can do this by writing a note for the owner with your license number and identifying information or writing down the vehicle license number of the car you damaged.

Don’t Leave the Scene of an Accident

The penalties for felony hit and run can be quite severe. Most states impose fines of between $5,000 and $20,000. And there is very real potential for incarceration as punishment for a felony hit and run. Depending on the nature of the accident and the injuries that resulted, in some states a felony hit and run is punishable by up to 15 years in prison.

Remember, a hit and run might be classified as a misdemeanor instead of a felony. While the term “misdemeanor” sounds relatively minor to some people, in most states misdemeanors are punishable by a significant fine of up to $5,000 and also by up to one year in jail.

If you’ve previously been involved in an accident give the attorneys at McKenzie & Snyder a call: 513-737-5180

Such negligence can include:

• driving too closely to the vehicle in front
• distracted driving (cell phone use or texting)
• improper lane change
• failure to yield
• and more

However, there are times where other parties commit acts or fail to act in addition to the driver. Examples of other parties that may need to be named in a lawsuit include, but are not limited to loading companies, owners, carriers, employers and manufacturers.

Negligence Of Another Party

• ### Loading Companies:

These companies may be liable for improperly loading or securing cargo. Such failures can result in cargo coming off of the truck or causing the truck to travel erratically.

• ### The Owner of the Truck:

One primary example of owner liability is where a maintenance issue is present with the truck (e.g., the brakes were not properly maintained and resulted in an accident).

• ### Carriers:

Often times carriers lease trucks from owners. Under the Ohio Revised Code, carriers engaged in intrastate trucking are primary insurers and insurers of the owners of the vehicle are secondary insurers. Carriers are often times the employer of the driver and may be held liable for the driver’s actions under the doctrine of respondeat superior (“let the master answer”).

• ### Employers:

Sometimes the driver of the truck is operating a vehicle that is not leased. Under such circumstances, it may be appropriate to name the driver’s employer.

• ### Manufacturer:

Though somewhat rare, sometimes accidents are caused by a defective part or design concerning the vehicle itself. If such is the case, the manufacturer of the truck and/or part may need to be named.

Trucking accidents can be complex both in terms of injuries and damages caused, as well as deciphering responsible parties and their potential liabilities. Our attorneys fight for the rights of trucking accident victims in Ohio and Kentucky.

Call McKenzie & Snyder today and we’ll help fight for you! (513) 737-5180

Think Before You Speed

Here are a few tips to keep yourself and others safe on the road today:

1. Give yourself time to stop.

Unless you have been in a car accident you do not know how fast a crash can happen. If something happens in front of you like something falling onto the road, a car stopping suddenly, a swerving car, when traveling 60 MPH on a highway that is going to impact you Immediately. Speeding decreases the amount of time you have to react safely to the perils of the road.

2. Relax, the police are not going to pull you over when you are not speeding!

I admit, says the blogger of this post, I used to speed. My road trips were a constant of being on the edge looking for police cars and radar guns, brake lights and any other sign that there may be a police officer lurking in wait. Now, after two speeding tickets, I am over that. Now that I travel at the speed limit, I can relax. Now that I am relaxed I can enjoy the scenery, my family, and have a calm enjoyable trip.

3. You’re not the only one on the road.

Remember driving fast not only puts you at risk but others around you at that same risk as well. We’re not just talking about the other cars on the road but pedestrians walking and riding bikes around. It’s important to be cautious at all times to limit any chances of an accident.

Be safe on the roadways this summer. For those taking this advice to heart and are going to go the cool calm collected route remember to stay to the right!

Have you been hurt in a high-speed accident? We have the legal team in place to fight on all fronts on your behalf. Call Mckenzie & Snyder at: (513) 737-5180

Let’s Reduce the Number of Severe and Fatal Motorcycle Accidents in Ohio

If you or someone you know has been involved in a motorcycle accident, we may be able to help. Give McKenzie & Snyder a call: (513) 972-4919

Source: Ohio Department of Public Safety

Authority To Operate

Companies that do the following are required to have interstate Operating Authority in addition to a DOT number:

• Operate as for-hire carriers (for a fee or other compensation)
• Transport passengers in interstate commerce
• Transport federally-regulated commodities or arranging for their transport, in interstate commerce

What Is A DOT Number?

An industry that operates commercial vehicles transporting passengers or hauling cargo in interstate commerce must be registered with the FMCSA and must have a USDOT Number. Commercial intrastate hazardous materials carriers who haul types and quantities requiring a safety permit must register for a USDOT Number.

The USDOT Number serves as a unique identifier when collecting and monitoring a company’s safety information acquired during audits, compliance reviews, crash investigations, and inspections.

Jurisdictions of PUCO

In Ohio, commercial transportation companies are public utilities and fall under the jurisdiction of the Public Utilities Commission of Ohio (PUCO) Transportation Department. This government body works in conjunction with the FMCSA as well as Ohio State Highway Patrol, registers motor carriers, and enforces adherence to state and federal safety standards.

PUCO currently maintains the Ohio Motor Carrier Information System (OMCIS), which contains regulatory information as well as detailed information about the trucking industry as a whole. PUCO also conducts safety audits which will review insurance, driver qualifications and hours of service, vehicle maintenance and transportation of hazardous materials. PUCO investigators also conduct roadside safety inspections.

For more information, call McKenzie & Snyder today at (513) 657-3692.

Call Mckenzie & Snyder at: (513) 737-5180

Some of Ohio’s Latest Bicycle and Automobile Accident Statistics

• In 2015, there was a total of 7,110 bicycle crashes, injuries, and deaths within the state of Ohio.
• 3,800 of the incidents were crashes, 3,147 of those incidents were injuries, and 163 of the incidents were fatal.
• 402 injuries occurred between the ages of 51-55.
• 1,606 injuries occurred when no helmets were used.

With a few simple precautions, we can all help prevent bike/car collisions and avoid needing a bicycle accident lawyer:

Motorist Precautions For Bikes:

1. Give cyclist 3 feet
2. Check for a possible bike lane when turning right or changing lanes toward a curb.
3. Use your turn signals with every lane change and turn.
4. Look for advancing bikers before exiting your vehicle
5. Consider the vulnerability of a cyclist

Bicyclist Precautions for Cars:

1. Use the proper left and right-hand signals when making turns.
2. Stop at traffic signals as if you are a car.
3. Ride as close to the right curb as possible
4. Bike in the direction of traffic.
5. Use front and back bike lights.

Bearing these simple precautions in mind, we can work together to keep the road safe for auto drivers and cyclists everywhere.

Have questions about an accident you’ve been involved in? Call McKenzie & Snyder at (513) 273-4472.

How Does Whiplash Occur?

When you are traveling in a car at a given speed and suddenly change speed due to hitting (or being hit by) another car or object, your neck suffers strain because of the rapid movement forward and backward. As a result, tendons and ligaments in your neck can stretch and tear, thus leading to a whiplash injury. While whiplash is a common injury related to automobile accidents, it can also occur as a result of physical abuse, trauma, or even a sports injury.

What Does Whiplash Look Like?

Watch this demonstration from profession****al spine doctors and get an idea of what whiplash looks in a car accident and what the physical effects of whiplash might appear as.

What Are The Symptoms Of Whiplash?

Symptoms of whiplash can occur immediately or after several days to weeks following an accident. These symptoms include:

1. Pain and tightness in the neck with decreased range of motion.
2. Neck muscles feel stiff or knotted.
3. Pain when moving the head side to side or forward and backward.
4. Tenderness in the neck to touch.
5. Headaches that start at the base of the skull and radiate to the forehead.

What Factors Affect The Extent Of A Whiplash Injury?

Many factors can affect how severe a whiplash injury is. Factors that worsen the prognosis and severity of the injury include:

1. Age over 65.
2. Women suffer whiplash injuries more frequently than men.
3. Being an occupant in a small car.
4. Being under the influence of alcohol at the time of the accident.
5. Having a prior whiplash injury.
6. Having the head restraint greater than 2 inches from the victim’s head.

How Is Whiplash Treated?

Whiplash is usually self-limiting and heals on its own with time. There are a few steps you can take to speed up the recovery process.

Steps To Follow:

• Ice the neck several times per day for 2-3 days.
• Try non-steroidal anti-inflammatory drugs if recommended by your doctor to reduce pain and swelling.
• Use a neck brace to support the neck for short-term relief.
• Before starting any recovery aid, be sure to be evaluated by a physician to verify your diagnosis and ensure there is not a more serious neck or head injury causing your pain.

How Can Mckenzie & Snyder Help?

If you believe you have sustained whiplash in a car accident, you may be eligible for compensation. Contact the legal professionals at McKenzie & Snyder for a free injury consultation and case review. If we don’t win, you don’t pay.

Call McKenzie & Snyder today at (513) 657-3692.

Workers Compensation Requirements

1. The company that the injured person works for must carry workers’ compensation insurance or be legally required to do so.

• Not all employers are required to have workers compensation coverage.
• State laws vary on whether or not a company must carry workers’ compensation insurance.
• Regulations depend on the size of the business, type of business, and what type of work employees are doing.
• Federal employees are covered under a unique system separate from any state system.
• If your employer claims not to have workers’ compensation insurance, be sure to consult an experienced attorney to verify this claim. In Ohio, simply because your employer does not carry workers’ compensation insurance does not prohibit you from filing a claim.

2. You need to be an employee of that company or person.

• Employee status is very important when determining eligibility for workers’ compensation benefits.
• Independent contractors such as freelance workers or consultants are usually not entitled to workers’ compensation benefits.
• Volunteers are usually not covered, as they are not employees.
• It is possible that a company could misclassify an active employee as an independent contractor to avoid having to pay workers’ compensation benefits. If your company claims that you are not an employee eligible for benefits, consult an attorney.

3. Your injury or your illness must be work-related.

• This is generally defined as an injury or illness that occurred when you were doing something for the benefit of your employer. This might include falling while stacking boxes in a warehouse and breaking an ankle or developing respiratory problems as a result of breathing toxic chemicals while on the job.
• This is often the requirement that is the most difficult to meet, as many injuries (especially chronic conditions) are often challenging to prove as being truly work-related.
• If your claim is being denied because it is not considered work-related, an attorney with experience handling workers’ compensation benefits could help.

Injured in Ohio?

The Ohio Bureau of Workers’ Compensation has a wealth of information specific to Ohio workers that can be very helpful. If you are an injured worker in the state of Ohio, you have a host of rights when it comes to workers’ compensation benefits. Understanding those rights is an important step towards claiming your benefits.

Per the Ohio BWC, as an injured worker in Ohio you have the right:

1. To workers compensation benefits if you sustain a work-related injury or contract an occupational disease.
2. To quick access to high-quality health care from any BWC-certified health-care provider you choose.
3. To have your approved medical bills paid and not to be billed an additional amount.
4. To expect prompt, professional and courteous customer service from all BWC employees.
5. To access your records either in person or online.
6. To receive timely payments for the allowed conditions in your claim.
7. To be considered for all benefits and rehabilitation services for which you may be eligible.
8. To a quality independent medical examination when required in your claim.
9. To appeal a decision made in your claim to BWC, the MCO or the Industrial Commission.
10. To represent yourself or hire a lawyer at your own expense.

Navigating a workers’ compensation claim requires skill, knowledge, and experience. The attorneys at McKenzie & Snyder possess all of these qualities and more, successfully acquiring workers’ compensation benefits for countless clients over the years.

Call McKenzie and Snyder today at (513) 737-5180 to discuss your case with one of our qualified attorneys.

Boating Safety Tips

Do your summer plans involving cruising the lake or river on a boat? Boating is a popular hobby in the tristate area given the number of lakes and, of course, the Ohio River. Remember important boating safety tips before you drop anchor.

Know How To Swim: Before you even board a boat, know how to swim. An accident can happen at any time and if you end up in the water on a sinking boat, you’re going to want to know how to swim.
Use The Right Life Jacket: Be sure to check labels on life jackets to be sure they are Coast Guard approved and also that they fit snugly.
Don’t Mix Alcohol With Boating: Boating under the influence is just as dangerous as driving under the influence. More than half of drownings are a result of boating while intoxicated. Leave the alcohol on the shore.
Keep Kids Safe: It is important for kids to always wear a life jacket while boating and to remain seated at all times when the boat is moving.

Swimming Safety Tips

When the temperature heats up outside we all want to hop in a pool for a refreshing swim. Before you dive, remember to follow swimming safety tips.

Have Help Nearby: Be sure when swimming in a private pool that there is appropriate safety equipment nearby. This includes a life preserver and/or a Shepherd’s Crook.
Don’t Swim Alone: Never swim alone, even if you are an experienced swimmer. A muscle can cramp up without notice, leaving even an expert swimmer completely helpless in the water. Always bring a friend to lend a helping hand if needed or swim in a pool with a lifeguard on duty.
Never Leave A Child Alone: This should be a given, but NEVER leave a child alone in a swimming pool or even near standing water such as a baby pool or water table. Children can get into trouble very quickly, so always be vigilant with children near water.
Walk!: You have probably heard it yelled countless times before at a public pool, but it is a necessary rule around water. Walk, don’t run. Surfaces are wet and slippery and running only increases the chance of a fall into or around the water.

Fireworks Safety Tips

The 4th of July is one of the highlights of every summer. Barbecues heat up, neighbors join together to watch parades, and fireworks light up the sky. However, as entertaining as fireworks may be, they are also very dangerous, injuring over 1000 people each year. Following fireworks safety tips are crucial to an injury-free 4th of July.

Protect Your Eyes: Be certain to protect your eyes with safety goggles or glasses when lighting off fireworks. In the event of an unexpected explosion, your eyes could be permanently damaged from flying debris.
Take It Outside: Fireworks should always be used outdoors and a safe distance away from glass or other structures (and of course people). Never light off fireworks inside, even something as small as a sparkler.
Keep Water Nearby: Have a bucket of water and/or hose nearby where you light off fireworks in the event of a fire.
Adults Only: Fireworks should only be set off by responsible adults. Kids love fireworks and are often curious about them. Keep fireworks out of reach of small children and keep an eye on children to be sure they don’t try to experiment on their own.

This summer is certain to be a great one. Here’s to plenty of sun, good food, laughs with friends and family, and a safe summer for all!

Not All Workplace Injuries Happen At Work

While many on-the-job injuries are obvious (such as falling off a ladder while stocking shelves), others are not so easy to prove as true work-related injuries.

Inconspicuous Work-Related Injuries

• Long-term injuries: There are a variety of occupations requiring repetitive, often straining motions on a continual basis. Imagine an assembly line worker doing the same motions for 8-10 hours per day. This type of movement can lead to substantial wear and tear of muscle groups, thus leading to long-term issues such as back and neck pain and even carpal tunnel syndrome.
• Harmful exposures: Workers are often subject to potentially harmful conditions without even knowing it. Factory workers exposed to hazardous chemicals or asbestos could end up developing various cancers down the road as a result. Servers in a restaurant permitting smoking could potentially end up with lung cancer as a result of secondhand smoke exposure.
• Work-sponsored events leading to injury: Company parties often involve alcohol, which can lead to potential injuries including car accidents. In some instances, the employer may be held liable for damages from such a situation.
• Outside of normal business hours injuries: Many employees are required to put in time outside of normal business hours. This includes traveling and also hosting meetings outside the office after hours. Accidents can happen to, from, and during these events and may be covered under workers’ compensation laws.

Everyone is aware that falling off a ladder and breaking a leg while working is considered a work-related injury that should be covered by workers’ compensation. However, many of these other more inconspicuous injuries are often covered as well. It is extremely important to be aware of your state’s workers’ compensation laws if you ever suffer any type of injury that could potentially be work-related. Have you been hurt at work? Confused about a potential claim? The attorneys at Mckenzie & Snyder can help you navigate the process and provide a free consultation to determine if your injury may be work-related.

Call us today to discuss further with one of our experienced attorneys: (513) 737-5180.

Overcoming Concerns With Acquiring An Attorney

1. “I can’t afford a lawyer.” Mckenzie & Snyder provides free consultations that will help to determine if you have a case that could benefit from legal representation. We don’t get paid unless you do. Making a phone call and consulting with one of our attorneys costs you nothing. If we determine there is not a legitimate case to be had we will let you know upfront. You have nothing to lose.
2. “My accident happened too long ago to do anything about it now.” You might be surprised to find that legal action can take place years after an accident has taken place in some cases. Attorneys at Mckenzie & Snyder have the knowledge and experience to know whether or not your case is still viable or not depending on the type of case. It varies by state, but Ohio’s statute of limitations is 2 years for a personal injury case. So, it may not be too late to file a lawsuit.
3. “My case is too small.” Unless you are an attorney, you do not know for sure whether or not your case is legitimate or not. That is why making the first call and scheduling a free consultation with an attorney at Mckenzie & Snyder is so important. The old saying is “you never know if you don’t ask.” That is especially true in determining whether or not a case is too small for legal action to take place.
4. “I can handle it myself.” Trying to DIY when it comes to legal matters can be a costly mistake. Mckenzie & Snyder has professionals with years of experience in personal injury cases. We are very familiar with the ins and outs of the legal process and can make sure your best interests are looked after. Chances are the parties you will be going up against will have legal counsel- so should you!
5. “I don’t want anyone else to know about my case.” Personal injury cases are, well, personal. We understand the sensitivity and privacy required to handle these matters. Being too afraid to share your story with an attorney could lead to devastating consequences down the road. You risk suffering physical, emotional, or financial consequences as a result of not sharing your case. We will discretely manage your case with the utmost concern for your confidentiality.

Are you convinced that an attorney at Mckenzie & Snyder could potentially help in your personal injury case? We welcome the opportunity to speak with you during a free consultation to gauge the status of your case. Appointments can be scheduled with one of our knowledgeable attorneys at (513) 737-5180.

Say for instance you were doing something for the benefit of your employer and you became ill or injured, as a result. In such a case, your illness or your injury is work-related and you may be eligible to receive benefits as long as you meet all requirements.

Workers’ compensation can help with the medical treatment you need to recover, help partially replace the wages that you lose during your recovery time, and help you return back to work.

If you know your injury or illness is work-related and you are eligible for workers’ compensation benefits, follow these steps to ensure that everything is handled properly:

1. Report the injury/ illness to your employer: The most important thing an employee should know after a work-related injury is to report the injury to a supervisor immediately. To be safe, employees should report all personal work-related injuries to their supervisor in writing.
2. Get emergency treatment if needed: If it’s an emergency, get to the emergency room or call 911 right away and let the medical staff know that your emergency is work-related. If possible, contact your employer.
3. Hire a Cincinnati workers’ compensation attorney: Hiring a Cincinnati workers’ compensation attorney with experience handling hearings at the Industrial Commission is a good way to make sure your claim allowance is handled properly.

The attorneys at Mckenzie and Snyder are determined to protect the rights of injured workers. They provide free consultations and can inform you of your rights and obligations.

Call us today at (513) 737-5180 to schedule a free consultation.

What Is Chiropractic Care?

Simply speaking, chiropractic care is a holistic form of health care using spinal adjustments to restore proper function to the nervous system, thus helping the body to heal itself naturally. Two things that chiropractic care is not: drugs or surgery.

Should I Seek Chiropractic Care After An Accident?

If you were involved in an automobile accident ask yourself these questions:

• Did you suffer a neck injury?

• Has it led to significant chronic neck pain and even inability to work?

• Have you exhausted other methods of relief: pain medications, hot and cold therapy, and even surgery?

Chiropractic care could be a consideration. In fact, chiropractors treat a variety of conditions that often result from an auto accident or work-related injury such as:

• Back pain related to sprains or strains
• Chronic headaches
• Neck and back pain following a car accident
• Whiplash injuries
• Soft tissue pain and injuries

Steps For A Treatment Plan

An initial evaluation with a chiropractor following an accident or work-related injury will probably involve the following steps:

1. Gather a detailed account of the accident, the injuries sustained, any treatments already received, and the symptoms you are experiencing.
2. A chiropractor may request x-rays to evaluate if any neck or back injuries are present.
3. A treatment plan will be created and will outline the frequency of visits required to treat your condition(s) and what types of chiropractic therapies will be used.

A Chiropractor Can Be Beneficial For Many Reasons:

• Align the body in the best possible position to heal as quickly as possible.
• Relieve pain through spinal adjustments.
• Provide beneficial exercises that can serve as physical therapy for rehabilitation.
• Give advice on the best nutrition to expedite the healing process.

Whiplash

A common injury after auto accidents that is often treated by chiropractors is whiplash. Many are under the misconception that whiplash only occurs in a high-speed accident. However, even a speed of 2-3 miles per hour in an accident can lead to whiplash.

Symptoms of whiplash include:

1. Stiff/sore neck
2. Blurred vision
3. Headaches
4. Shoulder pain
5. Dizziness
6. Decreased movement of neck and/or arms
7. Arm pain

Covered Or Not?

The scenario above is not uncommon. Going up against an insurance company is often difficult. Without knowledgeable professionals looking out for your best interest, it is very easy to be crushed on your own. There are thousands of victims each year that suffer from serious injuries that could potentially benefit from chiropractic care but are denied this care because of lack of insurance coverage for it.

What Can You Do?

Dealing with insurance companies is never at the top of anyone’s to-do list. It is usually a grueling process involving countless phone calls and plenty of frustration. Thankfully, there are people on your side who will fight for the care you need.

An attorney at Mckenzie & Snyder is trained to fight for the care you deserve.

Mckenzie & Snyder attorneys will be able to communicate with the insurance company on your behalf and attempt to negotiate a fair settlement between you and the insurance company for your care.

If your insurance is denying the chiropractic care you need following an automobile accident or work-related injury, contact the experienced attorneys at Mckenzie & Snyder today to discuss whether or not we could help. We will fight for you.

Call Mckenzie and Snyder today at (513) 737-5180.

You may have seen their name listed as a sponsor for a local event or 5K race, but do you really know what they do? The Dragonfly Foundation is an extraordinary charity doing remarkable work for sick children and their families right here in Cincinnati. Let’s find out more:

How Did The Dragonfly Foundation Start?

The charity’s founder, Christine Neitzke, was motivated to help children and families dealing with a cancer diagnosis when her own son was diagnosed with Hodgkin’s lymphoma at the age of 10. Noticing that there was a tremendous lack of support for pediatric cancer patients, Christine joined forces with her friend, Ria Davidson, and thus the Dragonfly Foundation began.

What Does TDF Do?

The Dragonfly Foundation aims to support pediatric cancer patients and their families in four main areas:

1. Gifts

They provide distraction gifts for both outpatients and inpatients dealing with a cancer diagnosis, new diagnosis gifts, hospital in-room meal cards, extended stay care packages to make dealing with a prolonged hospital stay a bit easier, and even hair loss care packages to ease the devastation of a child losing hair due to chemotherapy.

2. Social Events/Entertainment:

They provide forms of entertainment for children and families dealing with a cancer diagnosis in the Cincinnati area including tickets to local events, Kings Island tickets, spa days, and even celebrity meet-and-greet events. By making these kids and families feel special and giving them a fun day out, they help to alleviate some of the stress they are under as a result of their diagnosis.

3. Emotional Health/Support Programs:

Dragonfly operates a “clubhouse” for patients and families known as The Landing. This provides a common meeting spot for families and patients to mingle with one another and share stories and support. They also have a Dragonfly Suite at the US Bank Arena to allow all dragonflies the opportunity to attend any event or concert held at the arena. The Foundation has also donated dozens of laptops and iPads to hospitals to make the children’s stay there a whole lot easier and more connected to the outside world. 4. Community Connections: Working with other community organizations and charities, the Dragonfly Foundation strives to help out wherever possible, including setting up private social media pages to support families.

Dragonfly, Warmly Serving Patients and Families

TDF currently serves pediatric cancer patients (and their families) between the ages of birth to 30 being treated at Cincinnati Children’s Hospital, Dayton Children’s Hospital, Lurie Children’s Hospital in Chicago, and the Ronald McDonald Children’s Hospital of Loyola University Medical Center in Chicago.

Patients can register as dragonflies from the date of diagnosis until they are at least five years post-treatment. At the time of a cancer diagnosis, eligible patients will receive a registration form from a social worker.

How Can You Help The Foundation?

There are many ways you can help The Dragonfly Foundation to continue to serve the pediatric cancer patients in our area. This is a truly wonderful organization dedicated to helping sick children by providing hope, fun, support, and a sense of belonging.

Support can be in any of the following ways:

• Donating funds
• Be a fundraiser
• Donate needed supplies
• Buy items from their Amazon wish list

The Dragonfly Foundation is faithfully devoted to the sickest children in our area. By supporting this organization, you are helping those children and families facing the most difficult times of their lives. With a little support and help from you, The Dragonfly Foundation can continue their work and make even the darkest days a little bit brighter for children that need it most!

• Will I lose my job?
• How will I be able to pay for the medical expenses?
• Will I be able to work again?

With all of the uncertainty and fear, it is a great idea to have a professional on your side looking out for your best interests.

Hiring a trained workers’ compensation attorney can be of significant help in the case of an on-the-job injury and can save you time, energy, stress, and money.

What Can A Workers’ Compensation Attorney Do For You?

When you are injured on the job, you may not know what steps to take and in what order. Not only can a workers’ compensation attorney guide you through the process, he/she can also:

• Gather and secure evidence for your case by collecting medical records, statements from witnesses, and incident reports.
• Schedule or recommend medical treatment with appropriate physicians.
• Gather medical opinions to be used in support of your case.
• Manage any depositions of medical experts.

Do I Need Legal Representation For Workers’ Compensation?

There may be a few instances in which it is not necessary to have a workers’ compensation attorney working with you. In these cases, it may be plausible to handle the case on your own.

Examples include:

• If your workplace injury was very minor. For example, you suffered a minor sprain or cut requiring a few stitches.
• If you missed little or no work due to the injury.
• Your employer openly admits that the injury did, in fact, occur on the job.
• There was no pre-existing condition that may have led up to the injury.

What Situations Require A Workers’ Compensation Attorney?

There are many more reasons that might lead to the necessity for a workers’ compensation attorney to be a strong supporter in your corner.

These might include:

• Your employer denies your claim.
• You now suffer from medical issues prohibiting you to return to work.
• Your superior punishes you in some way for filing a claim.
• You receive Social Security disability benefits.

Why Choose A Workers’ Compensation Attorney?

There is a diverse skill set unique to a workers’ compensation attorney that may be beneficial in an on-the-job injury case.

• A workers’ compensation attorney has a much better idea of the value of a claim than the workers they represent and could make sure your claim is filed properly and that the value is maximized to your benefit.
• A workers’ compensation attorney can make sure your settlement agreement is properly put together.
• A workers’ compensation attorney can file a lawsuit, if necessary, in your case.
• A workers’ compensation attorney can ensure that you get all of the benefits you are qualified to get.

The workers’ compensation system, originally designed to protect employees injured on the job, now seems to favor protecting the employers and insurance companies. They have many attorneys working hard on their side to protect their interests. Shouldn’t you have someone on your side as well?

If you have been injured on the job and would like to have a legal professional trained in workers’ compensation cases on your side, give Mckenzie & Snyder LLP a call today: (513) 737-5180.

Trucks vs. Cars: Trucks Usually Win

While there are many more cars on the road than larger trucks, likewise there are also many more deaths related to car accidents than truck accidents. In 2011 there were almost 12,000 deaths related to car accidents in the US compared to just over 600 related to large trucks. That is a staggering difference.

Also, as you might guess, when a smaller vehicle is involved in a crash with a heavier vehicle, the heavier vehicle usually sustains far less damage. Smaller vehicles that tend to “hang out” in the blind spot of a large semi-truck, for example, often put themselves at a significantly higher risk of being involved in a potentially deadly collision.

Are Trucks Safer?

Driving a big rig can easily make you feel invincible on the roadways. After all, they are the heaviest, largest vehicles on the road and more often than not will result in far less damage than smaller cars when involved in an accident. Furthermore, the incidents of accidents involving large semi-trucks is significantly lower than other vehicles on the road.

Furthermore, it seems truck drivers may be far less apt to drink and drive than other vehicles. For example, in 2011 there were almost 10,000 fatalities related to alcohol – impaired driving. Of those fatalities, 24% were drivers of passenger cars whereas only 1% were drivers of large trucks. Regardless of these statistics, big rig drivers must take the same (if not more) precautions as other drivers on the road.

When A Truck Accident Happens

When a truck accident does occur, there are many factors to take into account. These include:

• The driver’s training file.
• The size and weight of the vehicle.
• The injuries resulting from the accident.
• Insurance coverage of all drivers involved.

There are also certain unique dangers associated with truck accidents. These include:

1. Jackknifing: Big rigs are more susceptible to jackknifing, particularly when braking suddenly and turning. Unforeseeable conditions such as slipperiness of the road or a quick turn to avoid a hazard in the road may lead to jackknifing, although the driver of the truck may not have had any control over the accident.
2. Turning Accidents: Semi-trucks are very large and thus very difficult to turn. Sometimes a driver must use two lanes to make a turn, particularly a right turn. Although these turns sometimes require two lanes to complete, the truck driver may be at fault for making such a turn that results in an accident.
3. Rollover Accidents: Very large commercial trucks are also prone to rollover accidents due to several factors including improper loading, imbalance of materials inside, speeding, and reckless driving. These accidents tend to be very problematic, as spilled cargo can injure other motorists and cause tremendous traffic issues due to extensive cleanup required, especially if cargo was hazardous.

Seek Experienced Help

Injuries in a truck accident tend to be very different because of the size and weight of the vehicle and ensuing damages that are often substantial to other vehicles involved. Regardless of what type of vehicle you drive, it is important to buckle up, focus on the road, never drink and drive, and always pay attention to the driving behaviors of the drivers around you.

Have you been injured in a truck accident? Contact an experienced truck accident attorney. Mckenzie & Snyder LLP has attorneys on hand with the knowledge and experience to handle your truck accident in the most professional and thorough manner possible.

Call us today at (513) 737-5180.

Feeling distraught about the letdown we have had lately from Cincinnati sports? Looking for another way to spend your weekends since the Reds and Bengals have left you with a bitter taste in your mouth? If you are still on the sidelines with live theatre, it’s a great time to hop into the game. The Aronoff Center for the Arts in the heart of downtown Cincinnati offers more action, excitement, and drama than you could ever find in a season’s worth of local sports….and their season is just getting started!

Something For Everyone

Perhaps dramatic Broadway performances are just not your thing. Maybe musicals make you cringe. Regardless of your personal taste in entertainment, there is certain to be something at the Aronoff Center that will peak your interest. Shows range from dancing to comedy to opera to musical concerts to Broadway performances and beyond. There is truly a smorgasbord of options to suit any palate. Prices typically range from just around $20 to several hundred dollars per seat depending on the show, so any budget can be accommodated. Keep in mind, there really is not a bad seat in the house. The Aronoff Center is a world – class facility that is a spectacle in itself.

Highlights Of The 2016 – 2017 Season

The Aronoff Center for the Arts has a spectacular lineup planned for the upcoming season. Highlights include:

The Book of Mormon March 29 – April 3, 2016

Disney’s Beauty and the Beast April 20 – 24, 2016

The Sound of Music September 27 – October 9, 2016

The Phantom of the Opera November 15 – 27, 2016

Mamma Mia! March 10 – 12, 2017

Beautiful: The Carole King Musical May 2 – 14, 2017

Get Your Tickets!

Set yourself up for five fantastic shows throughout the season by taking part in the Five Show Package for the 2016 – 2017 Broadway season. You simply select the night you would like to attend shows and pick the five shows you would like to see. All you have to do from there is look forward to the next show! Prices for these packages can range $155 – $550 for a pair of seats for five shows. That’s a lot of entertainment for your buck! Season ticket information can be found here: https://oss.ticketmaster.com/aps/baacin/EN/buy/flexplan. Of course, single show tickets are also available here: http://www.cincinnatiarts.org/events/ticket-information

Have A Night Out In Cincinnati

The great thing about being a part of the Aronoff Center scene is that you can also immerse yourself in the fabulous social scene in downtown Cincinnati. Dozens of amazing restaurants are within walking distance of the theatre, including Prime 47, Jeff Ruby’s Steakhouse, Nada, Sotto, and Boca. A seat to the show could just be the icing on top of a fantastic night out downtown enjoying good food and great entertainment. http://www.cincinnatiarts.org/plan-your-visit/aronoff-center-1/spotlight-restaurants

FC Cincinnati Is The Real Deal

FC Cincinnati will play in the United Soccer League along with approximately 30 other teams from across the country and Canada. This is sanctioned as a division III professional soccer league by the US Soccer Federation. Consider this the “minor leagues” of professional soccer. It is exciting to have the opportunity to witness fresh new soccer talent compete live and local!

Hometown Heroes

Home turf for FC Cincinnati will be the incredibly renovated Nippert Stadium on the campus of the University of Cincinnati. The season began in late February and will run until the end of September. The majority of home games will take place at 7:00 p.m. Grab some dinner and head to Nippert and enjoy a game of terrific soccer. The team is already off to a fantastic start, winning two of the first three games and tying the other.

Get Your Tickets!

Ticket information is available at http://www.fccincinnati.com/season-tickets-2016/ range a cool $5 to $25. This is an affordable way to get to see live professional soccer in action.

Even if you are not a soccer fan (yet), give FC Cincinnati a chance to earn your loyalty. Bring a friend, bring your family, or just bring yourself. All are welcome to be a part of the FC Cincinnati family and be witness to the dawn of professional soccer in Cincinnati. It’s an exciting time for the city AND for soccer!

Police Dashcams / Bodycams

While police reports are important in motor vehicle accidents, actual footage obtained from either police dashcams or body cams is even more beneficial. Being able to see the investigation of the accident carried out through video footage and also the initial, vulnerable statements of all involved caught on camera can be extremely useful in determining fault in motor vehicle accidents.

We are all very familiar with high profile cases recently surrounding police body cam video footage. This footage is extremely useful in determining several factors for all parties involved.

Security Footage

A great percentage of businesses have some form of security camera present on their property. While they use this footage in the case of robberies or other acts of violence, the footage can actually be quite helpful in personal injury cases as well. For example, if you slip and fall on the premise of a restaurant due to a wet floor, there may be security footage available that documented the entire event. This footage can prove invaluable in a case where the victim claims one thing and the business owner claims another.

Truck/Bus/Taxi Cams

Many public transportation vehicles are equipped with dash cams that can document accidents on the road as well as altercations that might occur within the vehicle. For example, we have seen several examples lately of bus drivers being attacked by riders caught on camera inside the bus. This footage is extremely useful in determining what exactly occurred rather than relying simply on the word of those involved. Also, many over-the-road truck drivers are installing dash cams in their trucks to have video footage available in the case of an accident to prove wrongdoing on the part of another driver. Of course, this can work both ways and also implicate the driver of the truck if errors in driving were made.

Cell Phone Cameras

It seems everyone has a cell phone nowadays. Maybe it is someone trying to be a Youtube sensation or maybe just a mom at a park recording her child playing, there is a good chance that someone around you is recording something at any given moment. While this is annoying to some, this actually increases the likelihood that if something bad happens to you it will actually be caught on videotape, thus providing irreplaceable evidence. When violence erupts in a public place, there is a very high probability that someone will record the footage on a cell phone camera. If you are the victim of the violence, this means there is likely video evidence of the event that could be helpful in a personal injury case to follow.

How Do You Get The Footage?

Sometimes video footage is not always easy to obtain. It is important to have legal counsel on your side to assist in obtaining this footage and ensuring its legitimacy in a personal case. Often, if you know who has the footage all you have to do is ask. However, other times a subpoena is required in addition to detailed forms and/or fees.

Mckenzie and Snyder LLP has the experience and expertise necessary to direct you in a personal injury case in which video footage may be available and helpful. Call us today to discuss whether or not video footage could prove beneficial in your case.

Protect Yourself-Gather Information Immediately

If your injury does not require immediate medical attention, first gather as much information as you can at the scene of the accident. Most importantly, get the name and contact information of the dog’s owner (if available) and also the same information for any witnesses to the accident. If the animal is a stray or the owner is not able to be located, chances are you will be left with medical expenses and possibly even lost income as a result of the injury.

Take Out That Camera And Start Shooting

Photographs are extremely important in dog bite cases, as a photo is proof of the extent of the injury and serves as a timeline of the events, especially when no other witnesses are available. Be sure to take the photos BEFORE seeking medical treatment (as long as injuries are not life-threatening or serious) to document exactly what happened before a physician addresses the situation.

Seek Medical Treatment

If an injury appears to require medical attention, seek that attention immediately. Do not wait for days or weeks; a delay such as this will only impair your chances of ever seeking recovery of damages from the dog’s owner. If you have injuries to the face or other prominent areas on your body, demand that a plastic surgeon does the repairs. It’s better to have the job done right the first time than to have to embark on costly cosmetic surgery down the line to fix something. Also, allow the physician to determine whether or not a rabies shot is necessary, particularly in the case of a stray dog in which the medical history is unknown.

Report The Incident To Animal Control

Hospitals and physicians’ offices will often tell you that they are going to file a report to the animal control agency in your area. However, these reports are more often than not just for statistical purposes. It is imperative that you also file a report with the animal control agency in your area. This is sometimes the humane society, other times the police department, and also could be the animal control department of your jurisdiction. By filing a report on your own, you might be able to keep a dangerous dog from hurting another person in the future. Also, the agency is able to interview witnesses as well and possibly even help identify the owner of the dog if you were unable to do so.

Seek Legal Help

Dog bites are expensive! Medical expenses alone related to dog bites were over $160 million in the US at the end of the 1990s. Furthermore, dog bite victims in the U.S. suffer over $1 billion in monetary losses each year. Loss of wages due to inability to work, costly medical bills, and even long-term psychological consequences such as post-traumatic stress disorder all add up to big trouble for a dog bite victim. Most states in the U.S. have employed a “one bite” rule that states all dog owners are responsible for bites, even the first one.

You do have legal rights, and a legal professional at Mckenzie & Snyder can help you to understand what those rights are and work for you to make sure your rights are protected if you’ve been bitten by a dog.

On-The-Job Injuries

On-the-job injuries can range from a mild nuisance to a life-changing event. No one intends to suffer an injury while working, although the incidence of workplace injuries is startling. While many companies take extensive precautions to prevent such injuries, the simple fact is accidents happen. If you find yourself the victim of an injury on the job, it is important to know what steps to take to protect yourself not only physically from further injury or harm but also from the financial repercussions that could follow.

Familiarize Yourself With Your Employer’s Safety Regulations

It is important that you follow your company’s procedures that may be in place before and following a workplace injury. Be sure to familiarize yourself with their guidelines. Often safety procedures are covered in detail during a new hire orientation and are also typically provided in an employee handbook. Just as it is important to know traffic laws to avoid accidents while driving, it is equally important that you educate yourself on your employer’s safety rules and regulations. By following those rules as much as possible, you eliminate a great deal of risk for personal injury on the job.

Report The Incident Immediately

Perhaps the most important and often overlooked step to ensuring you receive the workers’ compensation you may be entitled to is to report the incident immediately to your employer. This is often a missed step, however, because many employees do not initially see an injury as worth reporting. For example, imagine you are lifting a heavy box at work and feel as if you may have strained your back. Rather than immediately reporting that to your supervisor you decide to wait until severe back pain develops. At that point, it may be too late to seek workers’ compensation benefits from your employer, as the incident was not reported when it first happened. Many companies (particularly larger ones) have designated safety officers in place that handle all injury/accident reports on site. Utilize those individuals or any other supervisors responsible for injury reporting. Do not just assume that your injury is too minimal to report. Report it anyway. Even if you do not end up requiring any medical treatment for it, at least you have protected yourself on the front end by reporting it immediately.

Fight For The Compensation You Deserve

If you have been injured on the job, report it immediately. That is the first step to a successful workers’ compensation claim. After that the waters can get quite treacherous. It is important to have trained professionals on YOUR side that know the waters and fight on your behalf. The attorneys at Mckenzie & Snyder LLP can help you navigate the process and get you the compensation and treatment you have earned.

Night Time Spectacular Total Lunar Eclipse

Needing something fun to do this weekend? Why not end the weekend with a spectacular event thats FREE! On Sunday September 27th, Bring your blanket and lawn chair to watch the night sky’s total lunar eclipse. This event will be held at Forest Run MetroPark Welcome Center in Hamilton, Ohio. It will be the last total lunar eclipse, or as some would refer to it as the Blood Moon, to be seen in North American for many years. All ages are welcome so bring your kids and watch how epic the night sky is!

Where And When Is This Event Held?
This event will be held On Sep. 27th at 1976 Timberman Rd. Hamilton, OH 45013. Get there to set up around 8:30 PM. It should start around 9:00 and end at 11:00 PM!

If you haven’t already signed up, don’t miss out on the happiest 5k on earth sharing their fun throughout the night! You can be one of the thousands of runners to light up the night sky throughout cincinnati! This colorful experience will be held on October 3rd at 8:00 PM. It’s almost here so grab your team and get glowing! When you register you will receive a participation kit with a tee, glow tattoos and all kinds of colorful packets to help you glow your way to the finish line!

Dance Away The Night!

As this “glowtastic” course comes to an end don’t stop just yet! Hop into the wild festival and epic dance party at the finish line. This star-lit party includes awesome photo opps, wild glowing color shows and crazy music to dance your night away to! Experience a journey through a wonderland of stunning lights and music. Celebrate this colorful run with your family and friends for and unforgettable experience!

Our favorite downtown Cincinnati bike route that hits many of the coolest locations; read below for the must try destinations. Bike Rental Locations Marked with Red Markers.

Bike Rentals

Red Bike– A new company to Cincinnati, has several bike rental locations around the city which you can pay for in advance or at the kiosk. All Red Bike Locations are marked on the map above

Destinations

Dining, Drinking and Markets

If you don’t want to survive on ballpark coneys and sausages alone while you’re in Cincinnati, there are many dining locations that are accessible by bike. We have compiled some of the restaurants, breweries and markets located within biking distance of the Great American Ball Park.

Rhinegeist– Located in the historic Over the Rhine district, the Rhinegeist Brewery occupies the space of old Moerlein brewery which closed its doors during prohibition (which inspired the name, Ghost of the Rhine). The brewery offers scheduled tours of the facility and also has a taproom if you wish to try a selection of their beers.

Findlay Market– For a bite to eat or an afternoon of shopping, come check out the multitude of vendors selling local products at Findlay Market in Over the Rhine.

Moerlein Brewery– One of Cincinnati’s oldest and most renowned breweries re-opened its doors in 1981 and still sells quality beers from the Moerlein family tradition. Visit the Moerlein Lager House for beer tastings and pairings.

Park+Vine– Visit Park + Vine for a vegan lunch at their cafe or browse organically minded products from books to organic soaps and detergents.

Parks

There are great new eateries, breweries, and markets accessible by bike when you’re not at the game, but the amazing parks around the city will allow you to relax outside of the ballpark. The city’s top ranking parks and recreation department has remodeled several parks around town that are perfect spots to relax and enjoy the sights the queen city has to offer.

Washington Park– Located off Elm St. between 12th and 14th Washington park is situated right across from Cincinnati’s Music Hall in Over the Rhine. The park is an excellent place to relax and enjoy some food from Findlay Market while you view historic Music Hall. There will be bands playing all week so be sure to get up there.

The Riverfront– Check out two parks, Yeatman’s Cove and Smale Riverfront Park right on the Ohio River and a couple minutes walk from Great American Ballpark. You can enjoy the bike paths, food vendors, family-friendly kids play areas (Bring bathing suits and shorts!) or just relax on the river.

Kentucky- If you take the path across the Roebling Suspension bridge (One of the first suspension bridges) there are some amazing viewing locations. Visit Newport on the Levee for to catch a movie or do some shopping but if you continue on the path around the Licking River, there are some great views of the Cincinnati Skyline and old mansions on the Kentucky side of the river.

Bike riding is fun but remember to always wear a helmet, have lights on, use your hand turn signals, and follow the traffic laws. Just because you are on a bike does NOT mean you can run a red light. Be safe in Cincinnati and enjoy the All-Star Game.

Butterflies of The Philippines at the Krohn Conservatory

From now until June 21, Grab your family and head over to the Krohn Conservatory to view beautiful species of butterflies all the way from the Philippines! Walking around this rare exhibit is a great way to get some exercise and release some of the built up stress in your day.

Open until June 21, 2015
Open Daily 10:00am – 5:00pm
$7 adults • $4 children • 4 & under are FREE!
$12 Unlimited Admission Pins *Ticket sales end at 4:50 p.m.
Discounts available for pre-registered groups
Coupon available here

Ohio River Paddlefest Weekend presented by Subaru of Kings Automall

EDIT- Paddlefest will be postponed due to residual tropical storm rain, however, some events will still be taking place as planned. Please visit Paddlefest’s Website for more information.

Start your morning off with some proper exercise by paddling on the Ohio River. Paddle from Coney Island to the Public Landing in downtown Cincinnati. Enjoy the day and get some needed exercise with your family and friends

Registration starts at 6:30 am on Saturday morning while the races begin at 7:15 am, once all racers have entered the water, “float paddlers” will begin entering the water at 8:15 am with the last boat entering the water by 9:15 am.

The U.S. Coast Guard will close the Ohio River to both commercial and power boat traffic as we launch more than 1,400 kayaks, canoes and human powered boats!

Check prices and sign up online for the event and enjoy the weekend full of activities

Significant Injury Does Not Necessarily Equate to a Strong Case

Although it is true that many who suffer significant injury in an accident will have a strong claim, that is, unfortunately, not necessarily the case.

Liability, Insurance Coverage and Documentation

Three common issues that can weaken a personal injury case concern liability, insurance coverage and documentation.

1. Liabilit****y****: If liability (i.e., fault) cannot be established, a claimant may not be able to recover any money for his or her injuries regardless of how significant they may be.
2. Insurance Coverage: If there is little or no insurance coverage for the accident, then recovery could be limited or impossible. (Again, this is despite the level of injury sustained.)
3. Documentation: If the injuries are not well documented, they may be very difficult to prove to an insurance company or in a court of law.

The above issues are just a few of the things that need to be taken into account when evaluating a personal injury claim. McKenzie & Snyder LLP evaluates cases for individuals in the Greater Cincinnati and Dayton areas. Call us at 513-737-5180 for a free consultation to help you decide whether you wish to pursue your personal injury case.

#1: How significant were the injuries?

If a potential client has very minor injuries that resolved in a few days or weeks, for example, I will tell them they probably don’t need legal representation.

The exception is when some other complicating factor is involved (e.g., liability dispute or coverage issue).

#2: How complicated is the claim?

If a potential client has a complex claim that involves extensive injuries, numerous medical providers, liens, and/or coverage issues, I always recommend having at least a thorough consultation with a competent lawyer. Sometimes clients will underestimate just how complicated their claim is and end up hurting their chances of making a good recovery in the long run.

#3: Is the insurance adjuster being difficult?

Sometimes it is advisable to hire a personal injury lawyer when the insurance adjuster assigned to the claim is simply being unreasonable and/or rude. (This happens a lot.) This is one of the primary reasons people seek representation. I often let people know that in my experience rude insurance adjusters often make unreasonable settlement offers, so it is advisable to retain counsel and better their odds. The other advantage here, of course, is simply not having to deal with the rude adjuster and instead letting your attorney deal with the adjuster.

While the above factors are in no way exhaustive, asking these questions should help you make a sensible determination of whether to consult a personal injury attorney in your own situation. If you’d like a free evaluation of your case, call us at 513-737-5180 or contact us online via our website.

Have you ever needed help and didn’t know where to turn?

The Healthy Ohio Program is an amazing website dedicated to helping all Ohioans with a multitude of services ranging from tourism and recreation to starting your own local business.

The Healthy Ohio Program offers an easy to understand and navigate website for all your local needs, whether you’re looking for tax forms, information about schooling or trying to find the BMV. The Sitemap located on The Healthy Ohio Program’s page offers an easy to sort through list of web pages that contain links to anything Ohio related you might need.

If you want to keep up on the latest you can follow the link for more information:
http://healthyohioprogram.org/

This has been a public announcement from the folks at Mckenzie & Snyder LLP. Your local workers compensation attorneys.

How much will I have to pay for legal representation on a personal injury case?

We are often asked by potential clients how much they will have to pay for our legal representation on personal injury cases. They will often ask, “how much do you cost?” Or, “how much will this cost me?” McKenzie & Snyder LLP works on a “contingency fee” basis on personal injury cases.

If you do not win your personal injury case, you do not pay.

This means we agree to accept a fixed percentage of the final recovery in the case. If a client wins or settles his/her case, the lawyer’s fee comes out of the award or settlement. If a case is lost, the client is not required to pay for the legal representation.

This arrangement works very well in personal injury / car accident cases because injured individuals often face loss of work and mounting medical bills. Our firm prides itself on offering the best in contingency fee representation.

Give McKenzie & Snyder LLP a call today to discuss a contingency fee arrangement in your particular case.

The law firm’s staff report spooky activity in the building, like eerie shadows, odd noises, and phones calling each other.

What did the Tri-State Ohio Paranormal Society discover when they investigated? Check out this video. If you dare.

https://youtu.be/0jckJWX7QOA

Locally Crafted BBQ + More

Given Huit’s tagline, “craft BBQ,” you won’t be surprised to find that eight-spice pork on the menu along with a beer-braised beef brisket. Lighter alternatives are also available, including lemongrass chicken and a variety of unique vegetarian items featuring tofu, kale, quinoa and brown rice.

Made in Cincinnati

Huit’s three owners, who come from diverse Asian backgrounds, aren’t trying to create “authentic” Asian food from any particular ethnic niche. Instead, they proudly proclaim their food as “made in Cincinnati.” Huit’s Asian-inflected menu is inspired by street food they’ve encountered on their international travels. They’ve created their own recipes, using carefully selected local ingredients including Sixteen Bricks Artisan Bakehouse bread and Carabello Coffee and lots of fresh vegetables.

Breakfast, Lunch and (Soon) Dinner

Huit is now open starting at 7:30am Monday through Friday for coffee and light breakfast fare, followed by lunch until 2:30pm. Saturday brunch/lunch hours are 10:00am-3:00pm, and they plan to open for dinner beginning next month.

In a recent 8th Appellate District Case entitled Washington v. Geico, 2014 Ohio 4375, the Court affirmed a lower court decision denying uninsured motorist coverage to a passenger in a hit and run situation. The case involved a 2011 car accident wherein the plaintiff was traveling as a passenger in a car driven by an individual insured by Geico Insurance Company.

The plaintiff sought recovery of personal injury damages through the Geico policy, and specifically its uninsured/underinsured (“UM/UIM”) motorist coverage.

Geico denied the claim, maintaining that the plaintiff did not meet the definition of an “insured” under the contract. The claim was filed into common pleas court, Geico prevailed on summary judgment, and the matter was then appealed.

Misleading Insurance Policy Headings Can Confuse an Insurance Policyholder.

Interestingly, the UM/UIM coverage section heading at issue was entitled “Uninsured and Underinsured Motorists Coverage – Protection for You and Your Passengers for Injuries Caused By Uninsured and Hit-And-Run Motorists.” However, the language in the policy itself provides that only “insureds” are entitled to coverage under the UM/UIM portion of the policy. The plaintiff admitted that she did not meet the definition of an “insured” under the policy, but argued that the ambiguity created by the section heading should be strictly construed against Geico and therefore she is still entitled to coverage.

The Court Calls Headings (Like This One) “Directional”?

The appellate court was not persuaded. Specifically, it noted plaintiff was not a party to the contract and therefore lacked standing, and that the heading is not the controlling language but merely directional.

Are Our Children’s Friends Covered While in My Car?

This is an unfortunate situation for the plaintiff and runs against the general notion that insurance will follow the vehicle and cover those inside it. Here plaintiff could have theoretically recovered under her own UM/UIM coverage if she carried any. However, she may not have even been a licensed driver or had any other need for auto coverage.

McKenzie & Snyder tackles Under-Insured Motorist and Uninsured Motorist and other injury cases in the Greater Cincinnati and Dayton areas. Call us for a free case evaluation.

Music. Four simple letters. M. P. M. F.!

Mid Point Music Festival is this weekend in OTR. Most of the music venues in OTR and downtown become venues for MPMF; hosting bands from all over the world. Check out the schedule here.

There are always fresh discoveries of talented bands at Mid Point. Fans venue-hop to see shows all over OTR and downtown each night either walking, taking red bike bike share, and soon (but not yet though) music fans will be streetcar hopping to and fro venues. I do not believe the MPMF shuttles will be out this weekend.

MPMF is as real as it gets. Be sure to stop in MOTR regardless of what bands your are trying to make it too as the owners of MOTR are the booking agents of MPMF, and guys bringing OTR it’s newest music venue, The Woodward Theater. Sound familiar? It should, the Woodward Theater is old, built in 1915 old. Only it has not been a theater since about 1932 or something like that. The Woodward Theater brings a medium size stage perfect for touring music acts to Main St. solidifying Main St. as the heart and soul of OTR. (Vine St. is it’s stomach:)

Fan Appreciation Day at The last Reds Game of the Year: Cueto Goes for 20 Wins.

There are a lot of positive takeaways from this years disaster of a season and Johnny Cueto is one of them. Even though he got the least run production of any pitcher in MLB, a feat Matt Latos can sympathize with, Johnny is still throwing for his 20th win of the season on Sunday.

The Reds take on the Pirates at GABP at 1:10. Tickets are available Here.

Cross State Shoot Out; OSU vs UC.

The Ohio State University football team hosts UC at the Horseshoe in Columbus, Ohio. For those of you going to the game; Be safe and Play nice, we are all Ohioans.
Ohhhhhhh!
Ohhhhhhh!
Ohhhhhhh!
U!
C!
Go Bearcats!

It’s Tribute Month at the RiversEDGE Concert Series with a line up of classic rock tribute bands of The Beatles, Pink Floyd, and The Eagles!

This weekend in Hamilton RiversEDGE will feature the Beatles tribute band “Sweet Beats”. The music starts at 7:00 PM and the weather is supposed to be PERFECT. So Drag A Comb Across Your Head, grab your family, blankets and get up to the RiversEDGE Concert Series in Hamilton, Ohio before the show to claim your spot on the grass.

“..By The Way, Which One’s “Pink?”

Next Saturday, Sept 27, 2014 the Pink Floyd Tribute Band “Signs Of Life” will take the stage at 7:00PM at the RiversEDGE Concert Series. Earning a quality reputation amongst musicians and fans alike, Signs Of Life recreates the Pink Floyd experience; I doubt there will be an inflatable pig, but keep an eye out.

“You can check out any time you like, But you can never leave”, Eagles Tribute Band.

Sept 25, 2014 RiversEDGE presents “7 Bridges”, an Eagles tribute band. This month in Hamilton is a classic rockers dream series. Enjoy the Fall weather with friends and family in Hamilton, Ohio.

The RiversEDGE concert series takes place a block down the street from McKenzie & Snyder LLP at:
RiversEdge Park and Amphitheater, 116 Dayton St.
Hamilton, Ohio
(513) 785-7015
See The RiversEDGE Facebook Events Page for more details. including what you can and can not bring to the park.

McKenzie & Snyder LLP is an injury and workers’ compensation law firm located on historic Dayton St. proudly serving Hamilton, Ohio. Call us for a free case evaluation.

Be Safe This Weekend Everyone.

What do these Insurance Numbers Really Mean?
The first number represents the max payment amount per person in an accident. The second number indicates the maximum payment amount per occurrence, or accident.

So, in the example above, if there are four people injured in an accident, the most any person could receive from the carrier would be $100,000.00. However, the most the carrier would pay out on all claims combined could not exceed $300,000.00. If damages in the case exceed the liability coverage amounts, there are two typical solutions. The first, and easiest, is to tap into underinsured motorist coverage. The second, and more difficult, is to pursue the liable party personally for the excess.

It is highly recommended that individuals consult with their insurance agent to discuss if and how much underinsured/uninsured motorist coverage he or she is carrying.

What does Your Insurance Company Suggest?

Some insurance companies offer single limit liability coverage. This means that the carrier would not be on the hook for more than the limits of the policy, but there is no per person limitation.

McKenzie & Snyder LLP represents injured persons in the Greater Cincinnati and Dayton areas.

Written by Andrew Tobergte

When the Industrial Commission makes determinations on PTD applications, a number of factors are considered, including, but not limited to: medical, non-medical, work history, and vocational.

Vocational rehabilitation is a program that is designed to help injured workers safely return to work in some fashion. In a recent decision from the 10th District Ohio Court of Appeals, a determination was made that it was
proper to hold that a claimant’s “unjustified” refusal of vocational rehabilitation services is a factor weighing against an award of PTD compensation. See State ex rel. Gibbs v. Thistledown, Inc. 2014-Ohio-2731.

There, the injured worker was referred to vocational rehabilitation on three occasions yet refused to participate. On the first two occasions, extenuating circumstances prevented the worker from participating. The record indicates that on the third referral, the injured worker simply indicated she did not wish to participate in the services at that time. The commission determined this demonstrated a lack of a good-faith effort on her part to return to work and such weighed against her in the PTD application.

Permanent total disability applications can be very difficult to win. As the above case illustrates, participation in vocational rehabilitation, even where unsuccessful, is nearly a requirement.

Written by Andrew Tobergte

We have to take a close look at these types of accidents before proceeding with a claim as they can be very difficult (and costly) to pursue.

Contributory Fault or Comparative Negligence in Ohio Car Accidents

The law in Ohio that applies here is found under Ohio Revised Code 2315.33, which reads as follows:

“The contributory fault of a person does not bar the person as plaintiff from recovering damages that have directly and proximately resulted from the tortious conduct of one or more other persons, if the contributory fault of the plaintiff was not greater than the combined tortious conduct of all other persons from whom the plaintiff seeks recovery.”

In other words, to be successful with such claims, a plaintiff in Ohio cannot be more than 50% negligent in order to recover for damages. Further, his/her damages are reduced by his/her percentage of fault.

For example, say driver number 1 is 20% at fault for an accident, and driver number 2 is 80% at fault. If driver number 1 sues driver number 2, driver number 1’s damages would be reduced by the 20%. So, if the damages were $1000.00, the recovery would be reduced to $800.00.

Auto Accident Attorneys

In a recent decision, the Tenth Appellate District Court in Miller v. Mangan, 2014-Ohio-2146, reiterated the comparative negligence standard in Ohio. There, the court upheld a summary judgment against plaintiff-appellant Miller who sustained injuries when he was struck by a truck while driving a go-cart after dark in a residential neighborhood. The go-cart was black and was not equipped with any lights. The court found “no reasonable possibility” that the defendant would be found liable and that plaintiff Miller’s negligence “was clearly greater for riding after dark in dark clothes in a black go-cart with no lights.”

McKenzie & Snyder represents injured parties in the Greater Cincinnati and Dayton areas, including Hamilton, Fairfield, Colerain, Middletown, Finneytown, Forest Park, Reading, West Chester, Amelia, Batavia, Oxford, Springboro, Yellow Springs and more.

“We Don’t Get Paid Unless You Do.”

Written by Andrew Tobergte

Truck Accident Attorneys

Sitting in a seat while being injured hurts. People may assume that driving a semi truck is easy or it can be done while injured. Those people have never driven a big rig. Sitting in a chair with your arms extended for long periods of time is hard. When your back or neck, any part of your body for that matter, is injured on top of this, it can be excruciating. Bouncing with the potholes in the roads while maintaining control of a semi truck while injured just isn’t safe. An injured truck driver who drives anyway is a danger to the safety of the road. An injured truck driver is going to have reduced reaction times, loss of attention, and possibly be taking pain medications to continue working, because if they are not driving they are not making money.

Well Ohio cares about the welfare of injured truck drivers, and there may be compensation available if you have been injured in a truck accident. Contact McKenzie & Snyder for a FREE CONSULTATION to discuss your personal injury case. You may be entitled to workers’ compensation for suffering an injury while on the job. We proudly serve southwest Ohio areas of Hamilton, Dayton, Middletown and Cincinnati.

Written by Andrew Tobergte

Written by Andrew Tobergte

I am so very fortunate that I was not injured on the job, even though I have worked with machinery, sawmills, restaurant line cook, bindery, grocery store clerk, wildland forest fire fighter, behavior support, hospice and janitor. Pretty much everything except drive a forklift.

Ohio Workers’ Compensation

If I did happen to get injured while working, I would have had expenses that I could not afford. I would have had to file a workers’ comp claim to recover those losses and get compensation for the lost work hours, bills, and my inability to work.

But what the heck do I know about all of this? How do I know what the next steps are if I get a rejection letter from the BWC? How do I know if I get a lowball offer from an insurance company or my employer? Bottom line is: I Don’t!

Luckily, the lawyers at McKenzie & Snyder do. The way I look at it is: I could either not hire a lawyer and do nothing, then I would have nothing; or, I could hire a workers’ comp lawyer and have a chance at getting something for my injury and life put on hold. I would rather have an opportunity for something than nothing.

-Written by Andrew Tobergte

Establishing liability in weather-related Ohio slip and fall cases is difficult. The Supreme Court has maintained a well established position that home and business owners do not have an obligation to remove “natural accumulation” of snow and ice from their premises. Social visitors and business invitees can be expected to make a determination on their own involving weather conditions and potential hazards. We see this in the cases of Sidle v. Humphrey (1968) and Brinkman v. Ross (1993).

Slip and Fall Due to “Unnatural” Accumulation of Ice and Snow

In Cain v. McKee Door Sales (2013), the counsel for plaintiff is arguing that her slip and fall was due to an “unnatural” accumulation of ice and snow. The “unnatural” accumulation is being attributed to improper parking lot design that produced a trough which gathered ice and snow unnaturally.

You may not be surprised to hear that once your vehicle is involved in an accident it may be worth less money. Just ask anyone who has ever reviewed a Carfax report and the accident history of a used car. As soon as an accident shows up on that report, the car is immediately worth less. Why buy a car that has been damaged and repaired? You do not know how well it was repaired. Why take the risk? What if they missed something that will break down completely under your ownership?

What you may be surprised to hear is that when your car is damaged by another person’s negligence, the insurance company of the at fault driver owes you the reduction in the value of your car over and above the costs of repairs. Insurance companies have fought hard to make sure that most people do not realize this. If everyone made diminished value claims, insurance companies would lose millions. Thus, if you pursue a diminished value claim with an insurance company, be prepared for a lot of resistance.

At first, they may simply try and tell you that they are not required to pay for any diminished value claims because they have fully repaired your vehicle to proper auto repair standards, and therefore your car has not diminished in value at all. If that fails, they may also try and paper you to death, requiring you to come up with an absurd amount of proof that your car in fact has decreased in value. Even if you are able to make your way through the insurance company smoke screen to an offer from them for the diminished value of your car, they will try and get you to settle for a small sum of money that represents a tiny portion of what your car’s true diminished value could be.

The truth is, diminished value claims are alive and well in the State of Ohio, and they always have been. Case law in Ohio clearly states that an insurance company owes a claimant the reduction in their vehicle’s value over and above the cost of repairs to the vehicle. The proof required to make these diminished value claims does not have to be complicated. You simply must show what your vehicle was worth the moment before it was damaged, and then show how much the vehicle is worth just after repairs are completed. The difference is the diminished value.

At Mckenzie & Snyder we know what it takes to prove diminished value claims. We have relationships with professional appraisers and experts in the field of automobile repair that enable us to gather the necessary proof to negotiate your diminished value claim, and if necessary take the insurance company to court. If your car has been damaged by the negligence of another driver call us to review your possible diminished value claim.

Written by Andrew Tobergte

It is always a good idea to drive extra vigilantly in heavy traffic areas. Regularly checking mirrors, approaching intersections with caution, and being well-aware of one’s surroundings are good practices that can help avoid accidents or minimize the impact thereof.

McKenzie & Snyder LLP represents injured persons in Southwest Ohio, including the Greater Cincinnati and Dayton Areas. We have former insurance company employees now on staff to better assist individuals and their families with claims. Contact one of our lawyers for a free consultation today at 513-737-5180.

Written by Andrew Tobergte

This building has been good to us over the years. We have recently expanded our team to continue to provide quality service for our clients’ cases.

Haunted Houses in Hamilton, OH?

However, deep within the Dayton St. building may be supernatural forces you have to see to believe! Local group TRIOPS (Tri State Ohio Paranormal Society) recently spent the night in the basement during a home investigation. Watch the video if you dare!!!

As it turns out, 229 Dayton St. is not the only house in Hamilton that causes goosebumps to creep down your spine. Historic Dayton Lane is a notorious stretch of Eerie avenue. This year marks the eleventh “Ghost Walk,” an annual trip through terror town in search of ghosts and things that go bump in the night. A time when the alluring facades of the street’s historic buildings take on a frightening new demeanor.

Are You Brave Enough?

So if ye be brave enough, take a trip through Hamilton’s horrific Historic District and see how far out of this world you are willing to go.

After all…you never know what you might find…

BOO!!!!

Local Ohio Food Favorite

It’s only fitting that a German food favorite has roots in central Ohio. Sauerkraut will be the taste of choice this weekend in Waynesville, OH. The Sauerkraut Festival will celebrate its 44th annual event this Saturday and Sunday. What started as a simple sidewalk sale has grown into an international attraction for hundreds of thousands of kraut lovers. In addition to the myriad of delectable dishes, the festival boasts an arts and crafts show that is not to be missed. Check out over 450 craftsmakers from all across the country and live music from local musicians.

Dayton Area Street Fest

This Saturday is the day for Dayton, OH residents to eat, drink and be merry. Don’t miss this year’s Yellow Springs Street Fair from 9-7pm, which includes the Music & Beer Fest. More than 200 vendors are lined up to provide food, entertainment and shopping. Music is scheduled to start at 10am. Admission is free and shuttle buses are available from Young’s Dairy and Yellow Springs High School.

McKenzie & Snyder wishes everyone a safe and happy weekend! Please know your limits and make plans accordingly!

Here is our take on what is going on. We are overthinking at the Plate, and we are swinging for home runs instead of base hits.

Hey Red’s, if your listening, this may help.

1. Level Swings. Hit base hits. Especially when guys are on base. The adrenaline of the game will give you the power you need for the extra base hit or the home run. Level your swing out like Todd Frasier has. Often we know Brandon Phillips, Ryan Ludwick, and Jay Bruce are going to strike out because they want to hit a home run and are swinging for the fences insteads of for a base hit. This lowers the percentage of contact.

2. Stop Thinking! We are all over-thinking at the plate, in the dugout and in the locker room. Stop thinking about it. You are great hitters, relax, have fun with it. You will hit the ball.

How do I know we’re overthinking it. Because every time we need a hit, we can’t get a hit for a million dollars (and we paid millions of dollars for these hits). But when we get a 4-0 lead we get hits all night long and end up winning 13-0. This is because with a 4-0 lead we are relaxed, not overthinking at the plate because there is not pressure. With big leads we swing the bat with ease, make correct adjustments, and are not swinging for the fences. Although often the ball goes over the fence anyway.

Stop Thinking. Please. You will get hits.

Now, how does one “Stop Thinking”?

Have Fun Out There. Smile when your at bat.

Now let’s go play some Baseball!

http://www.bbb.org/cincinnati/business-reviews/attorneys-and-lawyers/mckenzie-snyder-llp-in-hamilton-oh-1260698/

-Written by Andrew Tobergte

Cincinnati German Culture

Enjoy three days of authentic German music, food and of course-BEER! This year’s festival will feature Gemuetlichkeit (goodwill) Games, including beer barrel rolling, beer stein holding and a dachshund derby. As an added bonus, five alpenhorns have been brought in for additional German entertainment.

As always, Oktoberfest patrons will have a chance to join in the world’s largest chicken dance. Come to Fountain Square at 1:30 pm on Satuday, September 21 to shake and flap your “wings” to this popular German heritage song. This event is a must if you have never participated!

McKenzie & Snyder LLP are proud of our southwestern Ohio heritage. We enjoy living and working in Cincinnati, Dayton and Hamilton, OH. Please be responsible when attending Oktoberfest and arrange for transportation.

Written by Andrew Tobergte

The Origins of the Howl date back to September 2012. The exact beginnings are uncertain, but The Howl achieved success early in its development, rattling the minds of Pirates players. This caused Cincinnati fans to embrace it full throttle. However, like many trends, The Howl was overplayed and used inopportunely. Reds fans began howling randomly and without forethought. Basically, whenever the alcohol kicked in.

Much like the vuvuzela from the 2010 World Cup, The Howl appears to have gone the way of its South African counterpart. Both created mixed reactions in their effectiveness and their tolerance levels. Some fans believed The Howl was effective and wish it to remain as a useful strategy for agitating visiting players. Others saw it as nothing more than a reason for people to create noise. Whatever the case, The Howl has been dormant for the 2013 Reds season. A trend, rather than tradition, that seems to have met an early demise.

At McKenzie & Snyder LLP we are always proud of our hometown teams. We howl, scream, cheer and root for the Reds and Bengals all year long!

What are your thoughts on the howl? Did you like it? Did you howl?

In a recent decision, Jimmison v GCRTA, 8th District, 2013 Ohio 3155, the Ohio Court affirmed summary judgment in favor of an employer who argued that records from claimant’s treating physicians did not establish sufficient causal connection between diagnosis and workplace injury.

Jimmison alleged that in 2010 he sustained a neck, shoulder and hernia injury at work when he had to catch two heavy televisions that were falling off of a work bench. Apparently Jimmison had also suffered a hernia prior to this alleged incident.

Ohio Workplace Injury Causal Connection

Jimmison sought treatment with several providers, and he was taken off work for a period of time. Apparently, little to no discussion about a workplace incident could be found in his treatment records, despite numerous indications of a strain type injury.

Workers' Comp Appeal

Jimmison’s workers’ compensation claim was denied administratively, and he appealed to common pleas court. When no expert report was timely filed, his employer moved for summary judgment, arguing that the treatment records did not suffice for requisite causal support. The trial court granted said motion and the 8th District affirmed after appeal.

The moral of this case for claimants is to always get a separate causal report from a treating physician(s) and/or independent evaluator. This is of particular importance when the treatment records make little to no mention of a workplace incident, which happens quite regularly.

The moral of this case for claimants is to always get a separate causal report from a treating physician(s) and/or independent evaluator

Unfortunately, many physicians are not familiar with workers’ compensation and/or personal injury claims and do a poor job documenting causal relationships. That is, the physician may do a fine job documenting diagnosis (i.e., what is wrong) and treating the problem accordingly, but fail to mention what is or has caused the diagnosis (i.e., where it came from). Without this “causal connection,” it is very difficult to conclusively establish a workers’ compensation and/or personal injury claim.

For the above reasons, it is often advisable that when one is injured on the job, that he/she seeks care with an experienced physician certified by the Bureau of Workers’ Compensation to treat and diagnose workplace injuries.

McKenzie & Snyder LLP focuses on workers’ compensation claims in Ohio.

“We don’t get paid until You get paid!”

This date is important because it does not change due to extraneous circumstances. For instance, if an original claim is denied and a new one is filed, the time frame remains the same. This statute applies to injuries, diseases and fatalities suffered while on the job. For occupational diseases, generally the filing time limit is two years from when it began or six months from the time the disease is diagnosed by a licensed physician.

If you feel you qualify for worker’s comp benefits and need to file a claim in Ohio, contact McKenzie & Snyder for a free consultation. Call (513) 737-5180 today!

-Written by Andrew Tobergte

Dayton and Montgomery County Attorneys

McKenzie & Snyder proudly serves the Southern District of Ohio. This includes the Dayton and Montgomery County areas. We will gladly meet with you in your home or designated area to discuss your personal injury case. We offer free consulatations to all clients. Personal injury cases can be very complex. Each situation is different, and each person deserves the individual concern and commitment to his or her specific case. McKenzie & Snyder attorneys are dedicated to ensuring that individuals are treated in a fair and just manner.

Do not allow your personal injury case to be unheard without consulting an attorney. Call McKenzie & Snyder today (513) 737-5180 for a free consultation!

-Written by Andrew Tobergte

This issue is commonly presented in Ohio workers’ compensation claims. In order for an employee to receive workers’ compensation benefits following a work injury, it must be determined that the injury was sustained in the course of and arising out of his or her employment.

Generally, workers who travel to a singular location for work (i.e., “fixed situs” employees) cannot receive workers’ compensation benefits for injuries sustained when traveling to and from the workplace. This is known as the “coming-and-going” rule. An example of this would be where a factory worker gets in a motor vehicle accident during his morning commute. Two of the primary justifications for this is that the employer has little to no control over the circumstances of that type of accident and the worker is not engaged in his employment duties at the time.

The Kershner case presents a unique set of facts however. In that case, the home health aide was about to enter her vehicle just outside the patient’s home when she fell. Further, and most importantly, her employer requires her to make a phone call after each visit to confirm completion and such phone calls are not to be made from inside the patients’ homes. Kershner testified that she routinely makes such calls once she gets into her vehicle.

The Court found that such circumstances presented a question for a jury as to whether her injuries were sustained in the course of and arising out of her employment. To review a copy of the Court’s decision, click here:
http://www.sconet.state.oh.us/rod/docs/pdf/2/2013/2013-ohio-1370.pdf

-Written by Andrew Tobergte

Unsteady load turning bad on the roadway.

Be smart before you get out on the roadway and realize you have a crazy load. Imagine for a second if something were to happen with cars around; the results could be disasterous. You can cause a multiple car accident. Imagine what you insurance company would say for causing a multiple car accident. Please be careful on the road, be alert, aware, and responsive.

This post, if nothing else, will make you an alert and defensive driver.

This image is Real. If a man or woman needs to move something from point A, to Point B and can not afford to rent a truck for two hours, then look out man, because someone is going to make it happen one way or another. Like the “Mayhem Man” on the insurance commercials, all too real how he represents the stupid in all of us.

For the record: You should not load a car or truck unevenly. It is very dangerous to have an improperly loaded car or truck. You can get pulled over and ticketed for having an uneven loaded car or truck and they probably will want to do a soberiety check while they are at it.

If you would like to speak to a lawyer about your case, fill out the form on the page and we will contact you. Or, call us now at 513 795 8541

Gloves were available to Mr. Hewitt. However, he alleged that a lineman on the job told him he should not need them because the line was not energized. At some point, a wire in Hewitt’s hand came in contact with an energized line and he received a shock causing severe burns.

Mr. Hewitt received workers’ compensation benefits. He filed a claim alleging violation of a specific safety requirement, and that case was settled. Further, Mr. Hewitt filed a claim alleging a workplace intentional tort in violation of R.C. 2745.01 and common law.

Proving a workplace intentional tort is not easy. One must demonstrate a direct intent to do harm.

Under R.C. 2745.01(C), the “[d]eliberate removal by an employer of an equipment safety guard…creates a rebuttable presumption that the removal…was committed with intent to injure another if an injury or an occupational disease or condition occurs as a direct result.”

Mr. Hewitt argued that the protective rubber gloves constituted “an equipment safety guard.” The Supreme Court of Ohio’s majority disagreed. Specifically, the Supreme Court held that “equipment safety guard” means a device designed to shield the operator from exposure to or injury by a dangerous aspect of the equipment, and the “deliberate removal” of such occurs when an employer makes a deliberate decision to lift, push aside, take off, or otherwise eliminate that guard. It further decided that rubber gloves and sleeves are “personal items” that an employee controls and do not constitute “an equipment safety guard” for purposes of R.C 2745.01(C).

This author disagrees with the decision as did Justice Pfeifer, who wrote a scathing dissent. As Justice Pfeifer points out, under the majority decision employers are now free to remove “kill switches without troubling over R.C. 2745.01(C).” Further, helmets, facemasks, and visors will also not be considered “equipment safety guards.” Essentially, the majority opinion reads words into the statute. That is, it changed “equipment safety guard” into “a safety guard attached to equipment.” This is not the definition that the statute provides, and the General Assembly could have easily provided such a definition, had it intended to do so.

To view the full decision, click here.

McKenzie & Snyder LLP represents injured individuals in the Greater Cincinnati and Dayton areas, including, but not limited to: Hamilton, Fairfield, Mason, West Chester, Springboro, Miamisburg, Centerville, Middletown, Lebanon, Monroe, Oxford, Reading, Forest Park, Westwood, Colerain, Cheviot, Price Hill, College Hill, Mt Healthy, Northside, Springdale, Finneytown, Avondale, Batavia, Amelia, Bethel, Deer Park, Loveland, Milford, Evandale, Goshen, Harrison, Indian Hill, Terrace Park, Wyoming and more.

-Written by Andrew Tobergte

One of the primary differences from a claimant’s perspective between a self-insured claim and a “state fund” claim is that in a self-insured claim the employer makes the initial determinations rather than the Bureau of Workers’ Compensation. If a dispute arises, then a c-86 motion may be filed in order to compel the Industrial Commission to hear the matter and render a formal decision. Much of our work at McKenzie & Snyder is done at the Industrial Commission. It is there that one is able to reverse a decision made by a self-insured employer. This includes decisions about compensation, medical treatment and allowances.

How Does an Employer Qualify for Self-Insurance?
Several requirements must be met to become self insured, including, but not limited to: 1) Having a minimum of 500 employees in Ohio; 2) being financially stability; 3) having the ability to administer a self-insured program; and 4) having a qualified BWC certified Qualified Health Plan (QHP).

The BWC has a self-insured department to help address concerns with a self-insured employer. One may also contact our office at 513-737-5180 to address such issues.

McKenzie & Snyder represents injured individuals in the Greater Cincinnati and Dayton areas, including: Cheviot, Western Hills, Hamilton, Fairfield, Mt Healthy, Forest Park, Reading, Springboro, Lebanon, Mason, West Chester, Monroe, Colerain, Springdale, Loveland, Madeira, Milford, Batavia, Amelia, College Hill, Northside, Clifton, Ross, Oxford and more.

Written by Andrew Tobergte

Under certain circumstances, it may be appropriate to seek “punitive damages” from a defendant in a lawsuit. Such damages are intended to punish the defendant beyond making him/her/it pay for damages that compensate for various losses.

Was the driver driving reckless?

For example, in a car accident case, if a driver causing an accident drives at an excessive speed and weaves in and out of traffic, such behavior may rise to reckless conduct, rather than simple negligence, and punitive damages may be appropriate. Thankfully, such conduct is rather rare and most personal injury lawsuits do not involve reckless or intentional conduct and punitive damages.

Ohio Revised Code 2315.21 establishes that a court should bifurcate or split a trial involving punitive damages into two stages. That is, the jury should hear issues of liability and compensatory damages first, and then, if appropriate, the issue of punitive damages. The Ohio Supreme Court in Havel v. Villa St. Joseph confirmed that this code section offers a substantive right to litigants and is constitutional. The potential for jury confusion was a primary rationale for the court’s decision.

McKenzie & Snyder LLP represents injured individuals in personal injury and workers’ compensation cases in the Greater Cincinnati, Hamilton, and Dayton Area. Call us today for a free consultation.
There is only a fee if we win

Written by Andrew Tobergte

Both District and Staff level hearing officers issue written orders that explain decisions. They are to match the facts to the law and provide the rationale for the decision. It is critical that the hearing officers base their decisions upon correct facts and correct law. This is beneficial to employers and injured workers both. Recently, in State ex rel. Ruscilli Constr. Co., Inc. v. Indus. Comm., 132 Ohio St.3d 18, 2012-Ohio- 1588, the Ohio Supreme Court lashed out at a hearing officer’s decision that was based upon both mistakes in law and in fact. The decision is a good common sense reminder that nothing short of an accurate understanding of the factual circumstances of an injury, along with an accurate understanding of the applicable workers’ compensation laws, should be tolerated in an Industrial Commission decision. Injured workers and employers alike deserve well informed legal minds at the helm administratively, particularly because this is where much legal action occurs.

Written by Andrew Tobergte

Watch this clip of the origins of the Cincinnati Howl courtesy MLB and Laughatsports.com

The “Cincinnati Howl” started late in a game with the Pittsburgh Pirates on Sept 10, 2012 as the game went into many extra innings going late into the night. A group of guys in the outfield started the Cincinnati Howl, and as is the magic atmosphere of Major League Baseball Parks the odd sounding Howl caught on. While the Pirates batted, the crowd Howled, Cawed, but more like, “Whaaaeow”ed. They got a reaction from some of the Pirates players and this locked THe Howl in forever.

The fact that the game was in its 13th inning, 4 innings longer than a normal game had most of the people remaining at the game sort of silly, or “Slap Happy”. The game was on a Monday night that the Cincinnati Bengals played earlier in the day and with school back in session attendance was down at the Reds game. This means that folks with cheaper seats can move up to the field, especially by the 13th inning on a small crowd Monday night game. The odd sound took off in the stadium from all over the place once the guys in the outfield got it going.

Temporary Total Disability Compensation (or “TT”)

Temporary total disabilty compensation is the most common form of compensation. It is generally paid out following an allowed injury claim where the worker cannot return to his or her “former position of employment” and is intended to replace lost wages. Workers become eligible after missing seven days of work and his/her physician has certified them as temporarily disabled. The c84 BWC form is utilized to process the requests for these benefits.

Wage Loss Compensation

“Wage loss” compensation is payable if an injured worker suffers a loss in earings attributable to allowed conditions in a BWC claim. There are three different types of wage loss compensation in Ohio: 1) Working Wage Loss; 2) Non-Working Wage Loss; and 3) Living Maintenance. Working wage loss is exactly as it sounds. It pays injured workers who continue to work but suffer a loss in earnings because of their injury. This can occur where someone suffers a demotion or has to take on a new job that pays less than the former position. The c140 Ohio BWC form is utilized to process the requests for these benefits.

Non-working wage loss is also exactly as it sounds. It pays injured workers who cannot find employment within the restrictions imposed upon them by the work injury. This requires ongoing proof of searching for suitable work (which can prove frustrating). In addition to the c140 form, the c141 form is utilized to process the requests for these benefits.

Living maintenance wage loss compensation is paid to injured workers who complete a rehabilitation program, return to work, and suffer a loss in earnings. Notably, while injured workers are actively participating in a vocational rehabilitation program, they are eligible for living maintenance payments in place of temporary total disability compensation.

Contact a Cincinnati workers comp lawyer at the law firm of McKenzie & Snyder LLP to discuss your compensation options.

Andrew R. Tobergte is a partner at McKenzie & Snyder LLP. The law firm represents injured persons in Cincinnai, College HIll, Cheviot, Colerain, White Oak, St. Bernard, Finneytown, Reading, Avondale, Clifton, Springdale, Forest Park, Hamilton, Fairfield, Ross, Lebanon, Monroe, West Chester, Loveland, Mason, Beechmont, Amelia, Batavia, Mt Healthy, Harrison, Wyoming, Dayton, Fairborn, and more.

ONE: Get Medical Attention Right Away

While this first point may appear to be a “no-brainer,” all too often clients inform me that they decided to wait days, weeks and sometimes even months to have an injury checked out. This can be detrimental to bringing a successful workman’s comp claim. Our firm always advises those hurt on the job to at least get their injury checked out by a professional immediately following an accident. This makes good sense for one’s physical well-being, and also ensures that the injury is documented by a professional. Waiting to get checked out can make an injury worse as well as complicate one’s ability to bring a successful claim.

TWO: See a Certified BWC Provider With Experience

One problem I commonly see is that injured indivduals who need ongoing care seek such services with medical professionals who have little to no experience with the Ohio workers’ compensation system. This can be very problematic. Generally the biggest problems I see is that injuries are not well diagnosed nor are they properly documented. One must bear in mind that decisions in the Ohio work comp system are based significantly off of medical records. Providers who have experience with the system do a much better job ensuring that their documentation is accurate and clear with respect to the specific work injury at issue.

THREE: Get Diagnostic Testing Performed Early

Another problem I routinely see is that people suffer significant injuries (particularly to their spine) but do not have the proper testing to make sure such injury is recognized in his/her work comp claim. For example, say you suffer a significant low back injury in a car wreck while making a delivery for your work. X-rays are performed, no fractures are found, and you take medication for six to eight months. Then the problem just continues to get worse. Your claim is allowed for lumbar sprain. Finally you ask your doctor to order an MRI to see if something more significant is going on. You request that the MRI be paid for via workers’ comp. You are then surprised to find out that the MRI is denied and you are told that this is because it is no longer warranted for your allowed condition (i.e., the sprain) which typically heals in 6 to 8 weeks. This presents yet another problem, because if you are truly suffering from a herniated disc, for example, you will not likely be successful in having such condition recognized in your workers’ comp claim because you are now unable to prove its existence. Get the testing performed early; better safe than sorry.

FOUR: Do a Home Exercise Program If Warranted

I see this point having dual benefit time and time again. First, those persons who stick to their prescribed home exercise program generally fare much better physically after an injury. This seems to be particularly true of those who continue to work while they heal. Second, being compliant with a home exercise program demonstrates one’s desire to get better and return to work. This can have a beneficial impact at the Industrial Commission where decisions are made regarding treatment and allowances of additional conditions.

FIVE: Hire an Experienced Cincinnati Work Comp Lawyer

This last one is definitely self-serving. However, all too often potential clients seek my services months or even years after an injury. While I still may be able to help such people, it is much easier to effectively counsel a claimant where I have the luxury of monitoring the case at the early stages. Waiting until problems arise in one’s claim to hire an attorney often makes the claim more difficult than need be.

Feel free to call 513-737-5180 or use the form below to contact our firm regarding your claim.

Andy Tobergte is a partner at McKenzie & Snyder LLP. We represent workers’ compensation claimants and personal injury victims in the Greater Cincinnati Area, Dayton, Montgomery, Springfield, Fairborn, Hamilton, Fairfield, Cheviot, Colerain, Mt Healthy, College HIll, Batavia, Amelia, Loveland, West Chester, Westwood, Reading, Forest Park, Middletown, Monroe, Ross, Oxford and more.

Written by Andrew Tobergte

First: Get Medical Attention Early

This one sounds like a “no-brainer” but many individuals call me weeks -or even months!- after an accident and tell me that they have yet to see any kind of medical provider for their injuries. Generally such individuals tell me two things. First, they tell me that they thought their injuries would resolve on their own. Second, they tell me that they were concerned about getting stuck with a big bill.

It is always a good idea to at least get checked out by a medical professional (urgent care, emergency room, family doctor, etc.) immediately following an accident. (One also has to bear in mind that soft tissue injuries will often times take a few hours or even days to manifest.) While I completely understand the apprehension one may have about racking up medical bills, the alternative must also be considered: without documentation of one’s injuries, one’s claim is significantly compromised. This is particularly problematic where individuals suffer significant soft tissue injuries.

Second: Complete One’s Treatment and Diagnostic Program

I have also seen people jeopardize their auto injury claim by refusing to follow their own doctor’s orders. If one’s doctor orders an MRI scan, or physical therapy, or chiropractic care for example, and such orders are ignored, it will likely be held against that claimant. This is because it sends a signal to the insurance companies that the claimant was not significantly injured enough to warrant such treatment. Always bear in mind that the value of one’s claim does not generally depend on what he or she subjectively experiences. Rather, it is based upon what he or she can objectively prove.

Third: Keep Track of One’s Duties Under Duress and Loss of Enjoyment of Life

Following an accident, it is quite common to be unable to perform activities one used to perform without difficulty. Similarly, people often continue with their usual activities but must perform them with limitation and/or pain. Such preclusions and limitaitons have value in auto accident claims. It is a good idea to track these things in a journal or otherwise and, perhaps more imporatntly, make sure one reports such things to one’s doctor(s). Making sure that such things are noted in one’s medical record bolsters such claims. If they are not noted, it will generally be assumed that they did not exist.

Fourth: Take Photos and Videos

Another excellent way to make sure one’s injuries are given fair and reasonable consideration is to document them via photographs and videos. (This is also true of accident scenes and car damage.) “Day in the life” videos, for example, can be particularly compelling. They allow claims representatives -and jurors- to better understand what it was like to deal with one’s injuries. A picture tells a thousand words, and a video tells ten thousand.

Fifth: Hire an Experienced Lawyer Early

This one is, of course, more than a little self-serving. However, one must bear in mind that a good personal injury attorney can mean the difference between a reasonable monetary recovery and no recovery at all. Many individuals wait too long to hire a lawyer (generally after they get fed up with an insurance representative). This can have detrimental consequences to one’s claim because much can and should be done in the early stages following an accident. Consulting with an experienced personal injury lawyer immediately after an accident can ensure the accident is analyzed appropriately and the injury claim proceeds in a manner that will guarantee a reasonable resolution.

Andrew Tobergte is a partner at McKenzie & Snyder LLP.

McKenzie & Snyder LLP represents BWC claimants and other injured individuals in the Greater Cincinnati Area, including: Colerain, Mt Healthy, Cheviot, Reading, Western Hills, Westwood, Fairfield, Hamilton, Ross, Lebanon, Monroe, Dayton, Fairborn, Springboro, Amelia, Batavia, Loveland, Madeira, West Chester, Lindenwald, Forest Park, Avondale, Deer Park, Evendale, Goshen, Carthage, Silverton, Wyoming and more.

Please call 513-737-5180 or use the form below to contact one of the experienced injury lawyers at McKenzie & Snyder LLP.

Written by Andrew Tobergte

Countless situations can arise with respect to injury claims. This is true whether you are dealing with an auto accident or a work (BWC) injury claim. The following are five good things to know generally about injury claims.

#1: Delaying Treatment Can and Often Will be Used Against You

Often times people who are injured in accidents will not seek immediate medical attention and wait to see if the injury will resolve on its own. While such a reaction is rational, the delay will often be used against the person who later does seek medical attention and brings a claim.

It is almost always advisable to at least get oneself checked out by a licensed professional following a work or auto accident. This can save one a great deal of trouble particularly where the injury develops into something serious.

#2: Not all Medical Professionals Do an Adequate Job of Documenting Injuries

I have reviewed countless medical, chiropractic and physical therapy records and know from experience that some providers do a great job of documenting symptoms, objective test results, diagnoses and treatment rendered. Most, in my humble opinion, do not. This is a very unfortunate reality for many persons who bring injury claims. Lack of documentation significantly impairs one’s ability to make a fully recovery.

It can be advisable to have candid discussions with one’s providers about what is going into the records. At a minimum, I like to see objective test results and accuarate diagnoses in the records.

#3: Recovery is Not about What You Go Through, it is About What You Can Prove

This point is connected to point #2. The individual who seeks no treatment (and therefore gets no documentation of his/her injuries) despite being injured, will not generally see a good recovery. Similarly, where there is an issue over liability or whether an accident took place, a claimant will want to have documented proof thereof so that one’s claim is not denied or compromised because of such issues.

#4: Gaps In Treatment May Be Held Against You

This point is connected to points #1 and #3. In the same way that delays in treatment may be held against a claimant, gaps in treatment may similarly compromise a claim. This occurs, for example, where one goes to the emergency room initially but then does not follow-up with another provider until four weeks later. The defense may then argue that the subsequent treatment is not related to the accident. It is often advisable therefore to regularly treat one’s injuries (where reasonable to do so) so such arguments are not levied against you.

#5: If you Have a Permanent Injury, Documenting Such Permanency Can Be Beneficial

Many times we have clients who, unfrotuantely, never completely heal from a car crash or work injury. When this happens, it is important to get medical opinion documenting such permanent injury. Otherwise one’s insurance or BWC claim may be compromised with respect to full recovery.

McKenzie & Snyder tackles work and auto injury claims in Greater Cincinnati and Dayton, including Mason, West Chester, Mt Healthy, Colerain, Ross, Monroe, Fairfield, Hamilton, Middletown, Reading, Forest Park, Avondale, College Hill, West Chester, Lebanon, Loveland, Cheviot, and more.

Written by Andrew Tobergte

Temporary Total Disability (“TT”)

The most common way that injured workers are paid is thru what is called temporary total disability compensation or “TT”. Currently, an employee who contracts an occupational disease or injures his neck, back, shoulder, ankle, or other body part is eligible for TTD if he/she misses more than seven days of work due to an allowed condition in his/her claim. The injured worker via his or her physician of record must continue to provide medical documentation to the BWC or self insured employer certifying his or her temporary disability to continue to receive TT. (See C-84 form). If the worker is off work for more than ninety days, a medical exam may be scheduled and continued payment may be dependent upon the outcome thereof.

Bear in mind that the first twelve weeks of TT is paid out at a rate of 72% of one’s “Full Weekly Wage” as defined by Ohio Revised Code 4123 and subject to a statewide maximum. Therafter it is paid out at a rate of 66 and 2/3 percent of one’s “Average Weekly Wage” and also subject to a statewide maximum.

Wage Loss

Employees may also receive “wage loss” after being hurt on the job. This type of compensation is paid when an injured worker suffers a reduction in earnings as a result of restrictions from allowed conditions in a claim. There are two general types of wage loss benefits in Ohio work comp claims: Working Wage Loss and Non-Working Wage Loss.

Living Maintenance

Living maintenance compensation is paid when an Ohio injured worker participates in a vocational rehabilitation (“voc rehab”) program.

An experienced workers compensation attorney can help you receive the compensation you deserve. McKenzie & Snyder LLP represents injured workers in the Greater Cincinnati and Dayton areas. Feel free to contact us to discuss in more detail the various compensation types you may be eligible for in your workers compensation claim.

Written by Andrew Tobergte

If a claim representative is rude to you, feel free to call my office for an opinion on your options. Generally speaking, I am able to give prospective clients a solid understanding of their rights and options with a simple phone call.

(Remember, in the state of Ohio one generally has two years from the date of a car accident before he or she must file a lawsuit to pursue a personal injury claim.)

The Claim Representative Told Me “All of My Bills Would Be Taken Care Of”

This is perhaps the biggest trap that many people walk into following an accident. At some point they are told that “all of the bills” will be paid via settlement. If you are advised of this, I would suggest asking the claim representative to put that unqualified statement in writing. Or simply ask, “Ok, what if I need an MRI scan, four epidural steriod injections, three months of physical therapy and surgery? Are you going to promise me all of those bills will be paid through the settlement?” Perpare yourself for some back-tracking on the other end of the phone. (Note: This section concerns interactions with liability and/or underinsured/uninsured motorist carriers. For a discussion regarding medical payments coverage, please see this blog article.)

It is imperative following a motor vehicle crash that one understands exactly what the settlement entails so that all bills are satisfied and a reasonable recovery is procured. In a liability settlement, insurance companies will only pay for reasonable treatment they believe was proximately caused by the crash. Accordingly, many people end up settling with an insurance company only to find out that large medical bills related to the crash remain unpaid.

Andrew Tobergte is a Partner at McKenzie & Snyder LLP and specializes in auto injury claims and workers’ comepensation in the Greater Cincinnati and Dayton Areas. He may be reached at 513-737-5180 ext. 22.

Written by Andrew Tobergte

What is an “Injury” under Ohio Work Comp?

The term “injury” includes, but is not limited to: sprains, strains, broken bones, lacerations, bruises, amputation, loss of use, disfigurement, loss of hearing and/or sight, herniated or bulging discs, and aggravation or acceleration of pre-existing conditions (i.e., degenerative disc disease, facet arthropathy, stenosis). “Injury” does not always arise from a specific accident or a particular incident. Compensable injury can result from repeated minor injuries or repetitive trauma such as carpal tunnel syndrome, tendonitis, or even torn muscles or ligaments or tendons. Such injuries are known as cummulative trauma disorders. “Injury” may include psychiatric or psychological conditions, including depression, arising from an injury, occupational disease, or even from the anxiety and feelings of despair that may arise from being unable to work due to physical injury.

Ohio Bureau of Workers’ Compensation (BWC)

In addition to seeking immediate medical attention, injured workers should make sure to file a “First Report of Injury” (FROI -or “FROI-1” for self-insured employers) with the Ohio Bureau of Workers’ Compensation (BWC), as well as an incident or accident report with his or her employer. The filing of a FROI starts the workers’ compensation claim process with the BWC.

Work Injury Attorney Cincinnati and Dayton

If you are injured or contract an occupational disease on the job, consulting wth a competent workers’ compensation attorney promptly may ensure that your claim is allowed to the full extent of your injury and your interests are fully protected. Please contact the law firm of McKenzie & Snyder LLP (513-737-5180) for a free consultation today. We offer house calls to individuals in Colerain, Mt Healty, Cheviot, Westwood, Hamilton, Fairfield, Lebanon, Loveland, College Hill, Reading, Forest Park, Wyoming, Monroe, West Chester, Batavia, Amelia, Dayton, Fairborn, Springboro, and more.

Written by Andrew Tobergte

McKenzie & Snyder recently appealed a decision by the Hamilton County Court of Common Pleas regarding the additional allowance of radiculopathy in a BWC claim. Fortunately for our client, the First District Court issued an opinion reversing the trial court’s decision, remanding the case for the trial court to enter a judgment in favor of the injured worker, allowing him to participate in the workers’ compensation fund for the additional allowance of lumbar radiculopathy at L4-5 and L5-S1.

The decision was a rather important one because it not only allowed this injured workers’ claim to finally be recognized for the appropriate conditions, it also set precedent that an injured workers’ claim need not be allowed for a “compressive pathology” (e.g., disc herniation) before radiculopathy may be recognized.

You may review the Court’s decision in Bell v. Ryan here: http://www.hamilton-co.org/appealscourt/

McKenzie & Snyder represents injured persons in the Greater Cincinnati and Dayton areas.

Written by Andrew Tobergte

Types of Damages From a Car Crash

There are various types of “damages” incurred when someone is hurt in a car crash. “General” damages, for example, include those things for which an exact dollar amount cannot be calculated. Examples of general damages include: pain and suffering, loss of companionship, permanent impairment or disfigurement, loss of enjoyment of life, and compensation for shortened life expectancy. “Special” damages, on the other hand, include harder figures, such as medical bills, lost wages, and car repair costs. One may also bring a claim for the diminished value of a vehicle after it is repaired. Victims of automobile accidents may also recover for reasonable future medical bills and future lost wages if applicable.

Pre-Existing Condition Exacerbated or Worsened In a Car Accident

Simply because an injured party in an auto accident was already suffering from a previous injury or condition, does not mean he or she is barred from monetary recovery. If the accident aggravated or worsened the existing injury, such aggravation or worsening may be compensable. Proving aggravation claims can be difficult however.

Auto Insurance and Car Accidents Involving a Driver Without Car Insurance

Often times auto accident victims who recover in court or via settlement are paid by the other (i.e. , at fault) driver’s insurance company. However, if the other driver is uninsured or underinsured, the accident victim may recover as the insured via an underinsured or uninsured motorist claim. Other types of insurance coverage may apply depending on the specifics of the particular case.

Call an Experienced Car Accident Lawyer

A car or motorcycle accident can have serious consequences, both for the victim and the victim’s family. Contact an experienced lawyer at McKenzie & Snyder LLP to discuss your legal options. We represent individuals and their families in Hamilton, Colerain, Fairfield, Cheviot, College Hill, Mt Healthy, Finneytown, Reading, Forest Park, Batavia, Amelia, Roselawn, Montgomery, Kenwood, Lebanon, West Chester, Anderson, Loveland, Ross, Monroe, Dayton, Springdale, Springfield and more…

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.

Written by Andrew Tobergte

The lawsuit or action is generally brought on behalf of the decedent’s beneficiaries. This is not to be confused with a survival claim, where a decedent’s estate can recover for injuries suffered by a decedent before death.

Cincinnati Fatal Car Accident Action on Behalf of Beneficiaries

In Ohio, a wrongful death action is usually brought in the name of a personal representative of the decedent for the benefit of such persons as the surviving spouse, the children, the parents of the decedent, and the next of kin. The monetary recovery is not necessarily distributed equally to these parties; in some instances, the court has the authority to adjust the share of each beneficiary.

Monetary Recovery for Cincinnati Wrongful Death Lawsuit

Beneficiaries in a wrongful death action may be awarded money “damages” including compensation for the following: loss of support from the earning capacity of the decedent; loss of services; loss of the “society” of the decedent, including loss of companionship, consortium, care, and guidance; loss of prospective inheritance; and mental suffering. Other damages include funeral and burial expenses. Finally, punitive damages may also be awarded if the defendant’s actions were particularly reprehensible.

When does a Cincinnati wrongful death lawsuit need to be filed?

With a few exceptions, generally a wrongful death action in Ohio must be commenced within two years after the decedent’s death.

Contact an experienced attorney at McKenzie & Snyder LLP to discuss your legal options. We represent individuals with personal injury and workers’ compensation claims in Hamilton, Fairfield, Mt Healthy, Finneytown, Colerain, Forest Park, Lebanon, Cheviot, Ross, Monroe, Dayton, Springfield, Fairborn, Reading, West Chester, Batavia, Amelia, Roselawn, Loveland and more.

“We don’t get paid until You get paid!”

Written by Andrew Tobergte

I have personally found that City Beat magazine is one of the best sources to turn to for what is happening in Cincinnati. It almost feels as if it has a “word-of-mouth” feel to it. The articles are generally insightful and witty and City Beat always seems to teach its readers something fun and interesting about our city.

Here is a link to their home page: http://www.citybeat.com/cincinnati/

Also, they have a unique event coming up called the “Best of Cincinnati Celebration”. According to their facebook page, the event will be held next Tuedday, March 27 at 5:30pm at Memorial Hall. It celebrates voter favorites, including restaurants, businesses and people. Here is the link for more ino: http://www.facebook.com/events/251055011647872/

Enjoy!

Andrew Tobergte, Esq.

Written by Andrew Tobergte

Ohio BWC Permanent Partial Disability Award

In the Ohio workers comp system, claimants may be entitled to a monetary award to compensate them for permanent residuals following a work injury and/or the contraction of an occupational disease. (Unfortunately, many claimants are not even aware that they are entitled to such an award.) The filing of the c-92 form with the Ohio Bureau of Workers’ Compensation instigates this process. (See: http://www.ohiobwc.com/basics/guidedtour/generalinfo/generalinfo35.asp)

Permanent Impairment following Cincinnati Car Accident

Following an auto crash, it can be a good idea to establish that one’s injuries are permanent so that one’s recovery is adequate. There are a number of physicians in the Greater Cincinnati Area who perform impairment ratings based upon the American Medical Association’s (AMA) Guides to the Evaluation of Permanent Impairment. (For more information, see: http://www.impairment.com/Use_of_AMA_Guides.htm)

McKenzie & Snyder LLP represents injured individuals in the Greater Cincinnati Area, including: Dayton, Springboro, Fairborn, Hamilton, Fairfield, Mt Healthy, Colerain, Batavia, Ross, Forest Park, Reading, Cheviot, Lebanon, West Chester, Loveland, and more. We offer free consultations and house calls where applicable. Please call 513-737-5180 or use our contact form.

Written by Andrew Tobergte

Of course we prefer to monitor an injury claim from the beginning so we can best advise our clients throughout the entire claim process. However, many individuals never think they will need a lawyer until the claim is set to resolve and they are then disappointed with the proposal. Regardless of where one is in the claim process, we can offer guidance on how to best proceed. This often involves analysis of insurance coverage, liability issues, medical bills, diagnosis, pre-existing history, and more. If you are experiencing issues with your auto accident claim, feel free to contact our office for a free consultation. We do offer house calls as well.

McKenzie & Snyder represents personal injury clients and Ohio BWC work comp cases in Colerain, Cheviot, Reading, Mt Healthy, Finneytown, College Hill, Loveland, Dayton, Springboro, Fairborn, Middletown, Fairfield, Batavia, Amelia, Harrison, Eaton, Forest Park and more.

Written by Andrew Tobergte

Benefits to Having a Cincinnati Car Accident Attorney By Your Side

Having a Cincinnati accident lawyer familiar with the local court system, the various insurance considerations involved, and the intricacies of your particular case offers significant advantages. Thankfully, many persons are never confronted with the legal ramifications of a significant car accident and never have to worry or concern themselves with such matters.

Unfortunately, in the blink of an eye this can all change. Automobiles are powerful and the human body is no match for their capacity to cause harm (learn about NHTSA’s CIREN program here). People make mistakes behind the wheel that result in catastophic harm to other persons and their families. Having a knowledgeable attorney who takes time to listen to you and analyze your particular situation provides peace of mind, allows one to focus on healing and family, and can insure that when the matter resolves, it does so fairly.

If you wish to speak to one of our three experienced lawyers or eight paralegals, call 513-737-5180 or email us using the form below. We offer house calls and free consultations with no obligations. McKenzie & Snyder LLP represents injured persons including workers comp cases in Mt Healthy, Forest Park, Hamilton, Cheviot, Bridgetown, Western Hills, Loveland, Mason, West Chester, Fairfield, Oxford, Ross, Reading, Dayton, Springboro, Fairborn, Beavercreek, Amelia, Batavia, College HIll, Wyoming, Finneytown, Clifton and more…

Written by Andrew Tobergte

Common Law Liability: Is the dog “vicious”?

Under the common law, a plaintiff suing for damages inflicted by a dog under a theory of general negligence must show: (1) the defendant owned or harbored the dog; (2) the dog was vicious; (3) the defendant knew of the dog’s viciousness; and (4) the defendant was negligent in keeping the dog. [Bowman v. Stott, 2003 -Ohio- 7182 (Ohio App. Dist.9 12/31/2003), relying on Flint, 80 Ohio App.3d at 25-26.]

Many common law cases center around a determination of whether the defendant “owned or harbored” the dog and/or whether or not the dog in question may properly be deemed “vicious”.

Statutory or Strict Liability

O.R.C. 955.28(B): The owner, keeper, or harborer of a dog is liable in damages for any injury, death, or loss to person or property that is caused by the dog, unless the injury, death, or loss was caused to the person or property of an individual who, at the time, was committing or attempting to commit criminal trespass or another criminal offense other than a minor misdemeanor on the property of the owner, keeper, or harborer, or was committing or attempting to commit a criminal offense other than a minor misdemeanor against any person, or was teasing, tormenting, or abusing the dog on the owner’s, keeper’s, or harborer’s property.

Thus, the Ohio Revised Code imposes strict liability upon an owner, keeper, or harborer of a dog that causes injury to person or property unless the injured party was committing certain crimes or was teasing, tormenting, or abusing the dog.

Persons who have been injured by a dog may sue the owner, keeper or harborer of the dog for damages. They may assert both a common law and statutory cause of action. If the common law is applicable then the injured party may be entitled to punitive damages. Some homeowner’s insurance policies will cover harm caused by dogs.

McKenzie & Snyder represents injured persons in Cincinnati, Dayton, Fairborn, Colerain, North College Hill, Cheviot, Reading, Forest Park, Fairfield, Hamilton, West Chester, Ross, Oxford, Springboro, Middletown, Batavia, Amelia, Mt Healthy, Springdale, Lebanon, Monroe, Loveland and more. We do offer house calls.

Feel free to use the form below or call 513-737-5180 to schedule an appointment with one of our experienced attorneys.

Written by Andrew Tobergte

Making sure one is comfortable with his or her attorney is of primary importance. Do you feel that your attorney is available to you when you have questions? Is he or she taking your case seriously? Does your attorney take time to explain what is happening in your case? Does he or she explain such things clearly? Does your attorney have experience with your particular legal issue? Such questions should be answered by the time you finish an initial consult with an attorney.

At McKenzie & Snyder, we offer free consultations for prospective clients in the Greater Cincinnati Area. We offer house calls. We take the time to sit down with individuals and explain how we operate and whether or not we can be of assistance. Some times we advise people that our services are not needed, or that their legal issue is out of our practice area. We pride ourselves on being straight-forward and offering sound legal advice in terms that people can understand. Our particular practice areas are workers’ compensation and personal injury. We have vast experience in these two fields.

If you would like to schedule a consult with one of our attorneys at our Hamilton office or at a place more convenient for you, feel free to use the form below or call 513-737-5180. We have clients in Hamilton, Fairfield, College Hill, Mt Healthy, Colerain, Lebanon, Monroe, Oxford, Reading, Forest Park, Cheviot, Westwood, Finneytown, Loveland, West Chester, Blanchester, Dayton, Fairborn, Springboro, Montgomery, Middletown, Batavia, Goshen, Amelia and more….

For a Free Case Analysis Contact the Law Firm of McKenzie & Snyder LLP.

Written by Andrew Tobergte

We field these questions on a regular basis from people in Mt Healthy and throughout the Greater Cincinnati Area. Of course, we always advise that one seek immediate medical attention following a car accident to make sure that one’s injury is properly treated and documented. Beyond that initial advice, each injury case requires specific detailed analysis focusing on insurance coverage, liability determinations, extend of injury and other factors.

McKenzie & Snyder has analyzed and represented thousands of personal injury and auto crash cases. Feel free to use the form below or call 513-737-5180 to schedule a free consultation with one of our experienced injury attorneys.

Written by Andrew Tobergte

The bill will need to be related to the work injury or it is unlikely to be paid. This can be a point of contention as the MCO or employer might deny payment arguing the bill is unrelated to the work injury and/or the conditions allowed or recognized in the claim.

If you are struggling with getting your bills paid and believe they are related to a work injury, feel free to use the contact form below or call one of our experienced attorneys at 513-737-5180.

Written by Andrew Tobergte

Bringing an Uninsured Motorist Claim

The simplest solution is to bring an uninsured motorist claim with one’s own auto insurance carrier for injuries caused by the wreck. (Property damage may also be covered provided there is collision or comprehensive coverage.) If you were a passenger in someone else’s vehicle you may be covered under their policy and/or your own. Some individuals are apprehensive about bringing a claim with his or her own insurance company. However, bear in mind that such coverage is paid for because of this very scenario and such claims are unlikely to ever effect premiums.

Pursuing the At Fault Driver Personally

Another, not-so-simple, solution is to attempt to collect from the driver who caused the accident personally. This will often require filing a lawsuit and obtaining a judgment which can take quite some time and come at great cost. Further, collecting on the judgment can oftentimes be highly problematic where the tortfeasor has little to no assets.

If you would like to discuss your auto accident situation with one of the experienced attorneys at McKenzie & Snyder LLP, please use the contact form below or call 513-737-5180.

McKenzie & Snyder LLP represents clients in Cincinnati, Colerain, West Chester, Cheviot, Dayton, Fairborn, Springboro, Forst Park, Reading, Finneytown, Hamilton, Oxford, Loveland, Batavia, Amelia, Blanchester, Mt Healthy and more….

Written by Andrew Tobergte

What Happens At an Industrial Commission Hearing?

What happens in the hearings depends on what issue is being addressed. This can vary quite a bit. However, typical hearing issues include;

1. initial injury allowance,
2. treatment requests,
3. additional allowance requests,
4. payment of bills
5. and payment of temporary total disability compensation.

There are two levels of hearing at the Industrial Commission;

1. the District Hearing Officer level
2. and the Staff Hearing Officer level.

Many workers comp hearings are quite brief, only lasting a few minutes. Others can take as long as half an hour or more. Generally speaking, each side’s representative (i.e., for the employer, the employee, and/or the BWC) will have an opportunity to discuss evidence or information about the issue at hand and may ask questions of the other side. The formal rules of evidence do not apply to these administrative hearings so they can be rather informal at times and the parties do not need to worry about rules concerning admissibility, hearsay, etc..

First Rule: Know Exactly what the hearing is about in advance.

It is very important to make sure one knows exactly what his or her hearing is about in advance. Coming into a hearing ill prepared can be detrimental to one’s claim. Consulting with one of the attorneys at McKenzie & Snyder LLP can help you better prepare for your workers comp hearing.

McKenzie & Snyder LLP represents injured persons in Colerain, Dayton, Forest Park, Fairfield, Hamilton, Springboro, Mason, Lebanon, Monroe, Reading, Oxford, Ross, Loveland, West Chester, Mt Healthy, College Hill, Westwood, Clifton and more…

Many Factors Are Considered In Determining If An Injury Was “On The Job”

Most Ohio BWC claims are not contested from a course and scope standpoint. However, when such issues arise, a claim can become quite complicated. Generally, an injured worker should show “work connectedness” to his or her accident to be successful. This can be done by looking at a number of various factors.

Factors to consider here include, but are not limited to: the nature of the employment contract, the time of the accident, the location of the accident, whether or not the employee was “on the clock”, any benefit the employer was receiving from the employee’s presence at the accident scene, and how much control the employer had over the accident.

If the BWC or your employer is contesting your workmans compensation claim, feel free to use the form below or call one of the experienced attorneys at Mckenzie & Snyder LLP at 513-737-5180.

Written by Andrew Tobergte

Serious Cincinnati Car Crashes and Evidence of Injuries

Where one has a serious injury, documentation can be critical. As one example, it is important to know what exactly is being recorded in one’s medical records. Sometimes we see injuries mistakenly attributed to things other than the real culprit (i.e., the car crash). This can be used against injured persons with significant effect.

One has limited control over what ends up in his or her medical records so it is important to be treated by quality care providers who make it a point to keep accurate and detailed notes. In addition to the records, one can, and should, also produce evidence of injury on their own. Journals, photographs, videos and interviews can all help to document injury. Such things can be particularly helpful at trial because they help flesh out for the jury how the injury has affected a person on a day to day basis. For example, showing a paralyzed or disabled individual at home in a “day in the life” video can be particularly effective.

McKenzie & Snyder LLP represents the significantly injured in Hamilton, Fairfield, Colerain, Mason, Lebanon, Monroe, West Chester, Cheviot, Harrison, College Hill, Reading, Batavia, Amelia, Forest Park, Wyoming, Loveland, and more..Feel free to use the form below or call 513-737-5180 to schedule a free consultation.

Written by Andrew Tobergte

An Injured Worker May Also Bring a Personal Injury Claim

Sometimes it is appropriate for an injured employee to bring a claim with the Ohio BWC (See: http://www.ohiobwc.com/default.aspx) as well as a claim against a negligent party who caused the accident. Additionally, it may be appropriate to bring a claim with the worker’s own car insurance company with respect to medical payments coverage and/or underinsured or uninsured motorist coverage. Many of our clients have two claims -or files- open at the same time, running simultaneously.

The Ohio BWC May Have a Statutory Lien on the Personal Injury Case

Where an injured worker’s bills and/or wages are paid for by the Ohio BWC and he or she has a claim with a separate insurance company or negligent party, the BWC has a legal right to receive reimbursement from a settlement or award. This happens quite regularly where an injured worker is hurt in an auto accident, the BWC pays for the medical care and lost wages, and then the injured worker later settles with the negligent driver’s insurance company. The results can be good for the injured worker under such circumstances and the settlement of the personal injury claim does not close the workmans comp claim.

It is important to have an attorney who is experienced in both workers’ compensation and personal injury cases when these situations arise. McKenzie & Sndyer LLP has extensive experience in both areas of the law and represents clients in the Greater Cincinnati Area: Colerain, Dayton, Fairborn, Hamilton, Fairfield, Batavia, Ross, Oxford, College Hill, Mt. Healthy, Reading, Forest Park, Finneytown, Harrison, Cheviot, Lebanon, Mason, Loveland, West Chester and more.

Feel free to use the form on this page to schedule an appointment with one of our attorneys, or simply call 513-737-5180. McKenzie & Sndyer LLP does offer house calls.

Written by Andrew Tobergte

Such Injuries are On the BWC’s Radar

These types of injuries have been specifically referred to as “cumulative trauma disorders” by the Ohio Bureau of Workers’ Compensation (BWC). The BWC attempts to work with different industries to try and reduce the number of these types of claims. This is particularly true of the construction industry. See info on SafeGrant.

Cumulative Trauma Injuries Can Include

• Carpal Tunnel Syndrome
• Wrist tendonitis
• Ulnar nerve entrapment
• Epicondylitis
• Shoulder tendonitis
• Hand arm vibration syndrome

Cumulative Trauma Disorders Can Be Difficult Claims

It is our experience that cumulative trauma disorders are often contested by employers and/or the BWC. Despite the Ohio Supreme Court’s 1984 decision in Village v. General Motors, holding that injuries that develop over time are compensable, some question such claims because no distinct accident or injurious event has occurred.

We have found that many of these injuries involve the spine, particularly the low back, and respond well to physical therapy and chiropractic care. Sometimes workers require ongoing care with a chiropractor when their work duties continue to require lifting and twisting.

Contact us by using the form to the right or by calling (513) 737-5180. McKenzie & Snyder offers house calls.

“We don’t get paid until You get paid!”

Gather the Evidence

Regardless of what the officer or report says, it is very important under such circumstances to gather all the information or evidence one can obtain. Photographs, names and addresses of witnesses, photos of skid marks, etc., can all prove to be very useful down the road. (Of course, when one is injured in an accident this concern can -and should- come secondary to seeking medical attention.) It is not uncommon for one person to be cited for an accident by an officer but only later to be exonerated -so to speak- by the insurance companies once all the evidence is in.

The Crash Report is Just One Piece of the Puzzle

One must bear in mind that the accident report is just one piece of the evidentiary puzzle. Simply because an officer says a particular person caused an accident does not necessarily mean that such is the case. Officers are human and make mistakes just like everyone else.

McKenzie & Snyder LLP represents Cincinnati accident victims and workers’ compensation claimants throughout the Greater Cincinnati area. Including, but not limited to: Colerain 45251; Hamilton 45011; Fairfield 45014; Forest Park 45240; Dayton 45458; and Middletown 45044.

Contact McKenzie & Snyder today for a free consultation of your case.

Written by Andrew Tobergte

The Motor Vehicle Crash Must Be in the Course of And Arising Out of Employment

A typical issue that arises with respect to the workmans comp claim is whether or not the collision occurred in “the course of and arising out of” the injured worker’s employment. The ‘in the course of” prong is construed to relate to the time, place and circumstances of the injury, while the ‘arising out of’ prong is interpreted as referring to a causal connection between the employment and the injury. See Fisher v. Mayfield (1990), 49 Ohio St.3d 275, 276-277. Generally, the crash needs to occur while the employee is engaging in an activity that is consistent with the employment contract and logically related to the employer’s business. Courts also look to the totality of the circumstances of the accident, including the proximity of the accident to the place of employment, the degree of control over the accident scene by the employer, and the benefit the employer received from the employee’s presence at the scene of the accident.

The above analysis is very much conducted on a case-by-case basis. In some instances, a crash clearly occurs in the course of and arising out of employment. An employee being injured while driving a client to an appointment is a good example of that. On the other hand, some cases are less clear. A traveling salesman driving on a personal errand during his workday is an example.

The Ohio BWC is a Statutory Subrogee

Under Ohio Revised Code 4123.93, when a personal injury claim exists in addition to a BWC claim, the BWC becomes what is termed a “statutory subrogee.” What this means is that the Ohio BWC has a right to recollect money for compensation and medical benefits that it has paid out for an injured worker. This occurs when the worker collects money from a judgment or settlement. See the Ohio BWC’s website for a good discussion on subrogation: http://www.ohiobwc.com/basics//guidedtour/empyes/legal/subrogation.asp

McKenzie & Snyder handles personal injury and Ohio BWC claims for workers in Cincinnati, Colerain, Hamilton, West Chester, Mason, Fairfield, Oxford, Ross, College Hill, Mt Healthy, Reading, Middletown, Dayton, Springboro, Fairborn, Cheviot and more.

Written by Andrew Tobergte

Ohio’s major industries include manufacturing, farming and mining. Ohio’s economy is quite large, even estimated to be larger than Belgium’s. We are also a leader in science and technology, including a burgeoning green technology sector. Cincinnati houses some of Ohio’s largest employers, including Kroger, Catholic Health, and P&G.

McKenzie & Snyder LLP is proud to protect workers in the Greater Cincinnati Area.

Written by Andrew Tobergte

Proving That Treatment of the Chronic Condition is Reasonably Related and Reasoanbly Necessary

Documentation of the chronic condition is key to ensuring that chiropractic treatment continues to be approved. The Ohio BWC has adopted the “Guidelines for Chiropractic Quality Assurance and Practice Parameters” (i.e. the “Mercy Document”) to evaluate the appropriateness of chiropractic care generally. (Also see: “The Chiropractic Manual” published by the Ohio State Chiropractic Association for discussion on chronic conditions.) A “chronic condition” is generally defined as one that persists beyond three (3) to four (4) months. Supportive chiropractic care (i.e., generally 1-2 times per month) is defined as treatment/care for patients having reached maximum therapeutic benefit, in whom periodic trials of therapeutic withdrawal fail to sustain previous therapeutic gains that would otherwise progressively deteriorate.

Some of the information used to document the necessity of supportive care include, but are not limited to: (1) abnormal range of motion; (2) atrophy; (3) postural distortion; (4) orthopedic findings; and (5) diagnostic test results.

It is very important that physicians document the necessity of ongoing chiropractic treatment. Failure to do so may result in denial of much needed care.

McKenzie & Snyder LLP represents injured workers in the Greater Cincinnati Area, including: Colerain, Mt Healthy, Middletown, Hamilton, Fairfield, Dayton, Fairborn, Springboro, College Hill, Lebanon, Mason, Monroe, Reading, Forest Park, Oxford, Ross, Westwood, Cheviot, and more.

Written by Andrew Tobergte

Video and Photography in the Hospital

A picture is worth a thousand words. However, a video is often worth a thousand more. Capturing such experiences as being rolled over in a hospital bed, having to eat through a straw, and simply dealing with stand-up xrays, are painful experiences that are difficult to put into words later on. Having such experiences videotaped is a good way to demonstrate those experiences without having to explain them oneself, and in a visually captivating way. Where video is not accessible, photography is also a good option.

The Hospital May have You Sign a Release

Depending on the hospital you find yourself in, it may require that you grant permission to the person filming or photographing you to do so, and ask that you release the hospital from any liability associated with such videos or photographs.

If you or someone you love has been involved in a serious accident or crash, feel free to contact the expericned lawyers at McKenzie & Snyder by using the form below or calling 513-737-5180. McKenzie & Snyder represents injured persons and workers compensation clients in Dayton, Fairborn, Cincinnati, Colerain, Forest Park, Reading, Middletown, Hamilton, and more.

Written by Andrew Tobergte

The short answer is generally that you can go see whomever you want to go see. This is particularly true when an injury is recent and the worker needs immediate treatment. Many times treatment for and diagnosis of a work injury begins in a hospital emergency room or urgent care. Other times they begin at a primary physician’s office or the office of an occupational specialist.

If the injury persists and the injured person needs on-going care, it is recommended that one treat with a physician (Medical doctor, physical therapist, chiropractor, etc.) that is specifically certified by the Ohio Bureau of Workers’ Compensation. One of the primary advantages is that such physicians’ offices have familiarity with the Ohio workers comp system. As many injured employees find out, the administrative processing and paperwork involved in a BWC claim can be frustrating to say the least. Having a knowledgeable physician’s office on your side can be a great relief.

McKenzie & Snyder LLP practices workers comp law in the Greater Cincinnati Area. Feel free to use the form below and/or call 513-737-5180 to schedule a free, no obligation appointment with one of our knowledgeable attorneys.

First, the place is huge. It has plenty of room for dogs to scrap, run, sniff and otherwise enjoy themselves. It even has obstacles for dogs who are prone to performing tricks.

Second, it always seems stocked with well-behaved dogs and friendly owners. There is a very nice community feel to this park that is hard to match.

Third, if you have a small dog there is a special small dog area for him or her to enjoy without worrying about larger dogs. This is also a good area to sort of break-in your smaller dog to the dog park scene before introducing him or her to the larger area.

It is important to make sure one’s injury is reported and that sufficient information about the injury is gathered. Witness statements, video recordings, medical documents, product safety documents, maintenance manuals and time sheets, among others, are some common pieces of evidence in an Ohio workers’ compensation (BWC) claim.

Some times employers will hire their own private investigators. Employees may also choose to do so but rarely do. The Ohio Bureau of Workers’ compensation has its own investigators - who tackle a number of different issues – as well.

McKenzie & Snyder LLP represents injured workers in Cincinnati, Hamilton, Loveland, Madeira, Colerain, West Chester, Lebanon, Monroe, Oxford, Fairfield, College Hill, Forest Park, Ross, Dayton, Montgomery, Springdale, Middletown, Amelia, and Ohio.

Revised Code 2125 covers wrongful death actions in Ohio. According to this law, when the death of a person in Ohio is caused by the negligence of another, the negligent party is liable to an action for damages.

If the negligent act occurs outside the state of Ohio, a wrongful death action may still proceed in the state of Ohio.

When a lawsuit or claim is brought for wrongful death, it is brought in the name of a representative for the deceased person and generally for the benefit of those closest to him. Namely, his or her surviving spouse, children, parents, and other next of kin. It is presumed under Ohio law that the spouse, children, and parents of the deceased have suffered damages as a result of the death.

If the case goes to a jury or bench trial, the jury or judge may apportion the monetary award to the beneficiaries.

McKenzie & Snyder practice wrongful death and injury law in the Greater Cincinnati Area, including Colerain, Northside, College Hill, Hamilton, Forest Park, Fairfield, Ross, Oxford, Lebanon, Monroe, Middletown, Mt Healthy, Reading, Arlington Heights and Ohio. To contact our firm for a free consultation, call 513-737-5180 or use the form below.

“We don’t get paid until You get paid!”

Every Case is Unique

It is important to bear in mind that every case is unique and many different factors come into play when evaluating a settlement figure. If you were just recently involved in the accident, for example, you probably have no idea how much your medical bills are going to be, how much time you may have to take off of work, and/or the many different ways the injury is going to affect your daily life.

Get All Reasonable Medical Attention

If your injuries heal, you are likely to be in a better position to evaluate settlement at that point in time. We always recommend that clients get all the reasonable medical attention they need and deserve before seriously considering settlement. That way you are assessing what has already happened as opposed to the “what if’s” that are going to be involved in settling a case while the injuries are still fresh and the treatment is still ongoing.

It can be very tempting to take a quick settlement with an insurance company, particularly in these economic times. However, by taking the time to allow your injuries to be fully diagnosed and treated, you are likely to make a more informed decision and be better off in the long run.

Free Consultation

At McKenzie & Snyder we offer free initial consultations with zero obligations. Feel free to call us at 513-737-5180 or use the form below to contact our office.

We assist clients in Hamilton, Colerain, Fairfield, Forest Park, Reading, Middletown, Oxford, Monroe, Loveland, West Chester, Ross, Montgomery and Ohio.

Injured Workers Have Recourse

An important thing to keep in mind is that under workers’ compensation law in Ohio, injured workers have recourse if and when an employer contests his or her claim. It is critical that you make sure you stay in contact with the bureau of workers’ compensation and you pay attention to the mail that you receive so that you know what decisions are being made by both your employer as well as the BWC. This way, if you have to contest a decision, you are able to do so in a timely fashion.

Confused or Concerned? We Get It.

If you are confused or concerned about the workers compensation process and/or a decision that has been made, you may find that speaking to an experienced workers compensation lawyer in your area can help put your mind at ease. Most attorneys practicing Ohio workers comp will offer free consultations so there is generally no obligations attached.

Free Consultation

McKenzie & Snyder LLP practices Ohio workers’ compensation law in the Greater Cincinnati Area, including: Colerain, Hamilton, Fairfield, Dayton, Springboro, Fairborn, Oxford, Reading, Forest Park, North College Hill, Seven Mile, Madeira, Greenhills, Monroe and Ohio. We can be contacted at 513-737-5180 or by using the contact form to schedule a free injury consultation.

We only get paid if You Win a Settlement

How To Get Started On Your Workers' Comp Claim

It is always a good idea to stay in contact with your claim specialist, particularly right after your injury, to make sure the BWC has all the supporting materials it needs to get your claim started off on the right foot. Making sure the correct diagnoses are recognized and that your wages are set correctly, for example, are good things to keep a close eye on.

Workers' Compensation Disputes

Bear in mind too that if you do not agree with a decision by the BWC and/or your employer you may have a right to appeal the decision to the Industrial Commission.

Free Consultation

Schedule a free consultation regarding your workman’s comp claim in Ohio.

The Parties Named in the Lawsuit: A typical car accident case

In a typical auto crash case involving injuries, the complaint will be lodged against the “at fault” driver. Other parties that may be named in the lawsuit include, but are not limited to: the plaintiff’s insurance company, the plaintiff’s health insurance provider(s) and the Ohio Department of Job and Family services. The other parties may be named because they have paid (or perhaps will pay) for medical services rendered to the plaintiff and/or, in the case of plaintiff’s insurance company, are obligated to pay for damages beyond insurance coverage -if any- held by the defendant or at-fault driver (i.e., underinsured/uninsured motorist coverage).

Interestingly, generally speaking if a case goes to trial in Ohio the jury will be unaware of any liability insurance coverage held by the defendant. So, the jury is left to wonder whether or not the defendant, or an insurance company, would be paying for the judgment. Many argue that this can result in unfair verdicts.

Andrew R. Tobergte, Esq.

McKenzie & Snyder practices personal injury and workers’ compensation law in the Greater Cincinnati area and beyond, including: Dayton, Colerain, Reading, Forest Park, Lebanon, Madeira, College Hill, Fairfield, Hamilton, Ross, Oxford and more….

To schedule a free consultation with one of our attorneys, call 513-737-5180 or use the contact form below.

Written by Andrew Tobergte

How is an Affidavit Used in Personal Injury Cases?

Affidavits can be quite effective in helping to establish a personal injury claim. For example, our firm often utilizes affidavits from witnesses to a car accident. An independent witness may be able to state that the person causing the crash was seen drinking alcohol beforehand, or was driving recklessly just before impact. Other uses include affidavits from co-workers, friends and/or family members to help establish the extent of a person’s injuries. Getting an affidavit from a witness early on in a case can be especially helpful where such witness moves out of jurisdiction or even becomes deceased before a case goes to trial.

How is an Affidavit Used in a Workers Comp Case?

Affidavits are also helpful in workers comp Ohio BWC cases for the same reasons. An affidavit from a co-worker, for example, may help establish that an individual was injured while in the course and scope of his/her employment. Affidavits can also help establish that an injured worker is still suffering from a work-related injury.

McKenzie & Snyder LLP represented personal injury and workers’ compensation clients in Colerain, Hamilton, Fairfield, Reading, Forest Park, West Chester, Loveland, Amelia, Beechmont, Dayton, Fairborn and Ohio. For a free consultation with one of our experienced attorneys, please call 513-737-5180 or use the form.

Meet a Butler County Lawyer at Your Home or a Nearby Location

By meeting a lawyer at your home or a nearby location, the consultation process becomes more personal, and keeps interference with your daily life to a minimum. McKenzie & Snyder is happy to send an experienced personal injury and workers comp (BWC) attorney to meet with you to discuss your legal rights and issues one-on-one in a familiar environment.

Client Feedback Tells Us Our House Call Service is Refreshing

In today’s impersonal culture, developing personal relationships is difficult at best. However, if you’ve been injured in an accident, you deserve a law firm that takes the time to listen to your concerns and develop an individualized strategy for your case. Whether you’ve been injured in a car wreck, boat or motorcycle accident, work injury, or a bicycle crash, a specific case plan for your injuries can put your mind at ease. Our clients have told us time and time again how much they appreciate our willingness to sit down with them and discuss their legal options on their time and at a location that is convenient for them.

Free Consultation

If you’ve been injured in the Butler County or the Greater Cincinnati area, use the contact form to the right or call 513-737-5180 to schedule an appointment.

Generally speaking, temporary total disability compensation (TT) is payable where

• An employee is injured in the course of and arising out of their employment; and
• He/She cannot return to his or her “former position of employment.”

What if often frustrating for a lot of injured workers in Ohio is that one’s own doctor may label him/her TTD, but another doctor (either on behalf of the BWC or the employer) may say the worker is capable of returning to their former position. Having an experienced Hamilton BWC Attorney on your side can help prevent a premature return to work, allowing you to fully heal, preventing further injury, unnecessary complications,etc..

Wage Loss Compensation for Injured Hamilton Workers

The Ohio BWC may also pay an injured worker wage loss compensation (WL). Generally speaking, wage loss compensation is payable where an injured worker:

• Suffers a loss in earnings and
• The loss is directly attributable to the allowed conditions in his/her claim.

There are 3 types of wage loss compensation under Ohio law:

1. Working wage loss
2. Non-working wage loss
3. Living maintenance.

Contact an Ohio Workers Compensation attorney at McKenzie & Snyder by using the form to the right or by calling (513) 737-5180. McKenzie & Snyder represents clients in the Greater Cincinnati Area, including, but not limited to: Colerain, Reading, Forest Park, Fairfield, Oxford, Lebanon, Monroe, Ross, College Hill, Loveland, West Chester, Amelia, Beechmont, Dayton and more.

Written by Andrew Tobergte

Consult with a Hamilton Injury Attorney for Free

At McKenzie & Snyder LLP, we believe that all persons injured in car crashes and work accidents deserve straight-forward advice on how to best handle his or her personal situation. Sorting through insurance coverage issues, past medical history issues, among other considerations, can be overbearing (particularly when these issues arise while one is in pain and/or debilitated). Seeking a free consultation with one of the experienced lawyers at McKenzie & Snyder can help you and your loved ones best determine the right course of action in your case.

Whether you have injured your back, neck, shoulder or knee, we have the tools and resources to put together a success plan to help you collect the recovery you deserve. During our consultations we listen carefully to our clients’ concerns and strive to make the injury claim process understandable. We have a newly remodeled office in downtown Hamilton just a few blocks from the courthouse. You can schedule a time to meet with a lawyer at the office, your home or other convenient location.

McKenzie & Snyder LLP represents injured clients in Cincinnati, Reading, Fairfield, Colerain, Northside, Avondale, Arlington Heights, Forest Park, Finneytown, Mt. Healthy, Hamilton County, Butler County, Clermont County, and more. Use the form to the right or call 513-737-5180 to set up a free, no obligations consult today.

“We don’t get paid until You get paid!”

The Employer says the Employee was not “On The Job” at Time of Accident

One argument that we commonly hear in the hearing room in Cincinnati is that the employee’s injury was not sustained in the course of and arising out of his or her employment. Perhaps the worker had just parked her car and was walking into work when the accident occurred, or perhaps the employee was involved in a car accident or automobile crash while making a delivery, but had decided to take a roundabout route.

If your employer is not contesting whether or not you were hurt (i.e. they are accepting the fact that you injured your back, knee, neck, etc.) but rather is contesting your right to participate in the BWC fund because they are arguing you were not acting as an employee at the time of the injury, it may be necessary to provide the hearing officer with evidence to the contrary.

Oftentimes it is very clear that an employee suffered an injury “in the course of and arising out of” his/her employment. But other times, it is not so clear. There are many cases or holdings in Ohio that discuss this very issue. Having a Cincinnati work comp attorney on your case can help you prove to the hearing officer that you were, in fact, “on the job” when you sustained your injury.

McKenzie & Snyder LLP has represented thousands of cases in front of the Industrial Commission. Put that experience on your side by calling 513-737-5180 or by using the contact form to the right.

We represent clients in Colerain, Northgate, Northside, College Hill, Middletown, Fairfield, Reading, Forest Park, Oxford, Amelia, Mt. Healthy, Avondale, Hamilton, Lebanon, Monroe, Franklin, Dayton, Springboro, Warren County, Hamilton County, Butler County, Clermont County and more…

“We don’t get paid until You get paid!”

Workers' Comp Injuries Law Firm

There are countless issues that may arise when someone is injured on the job. Whether your injury or accident was due to heavy lifting, whether you injured your neck, shoulder or back, and/or whether or not the injury requires physical therapy, chiropractic care, surgery or medication, or all of the above, such considerations (and how they overlap) require attention.

Because our law firm focuses in this area of the law (i.e., Ohio BWC claims) we understand and can easily recognize the issues that may arise in injuries and accidents and can help process a successful claim. Whether you are being denied treatment or temporary total disability compensation, we can help.

Personal Injury / Auto Accident Lawyers

Our firm focuses on car accident injuries. Various issues and questions arise when one is hurt in an auto accident:

• Who will pay the bills?
• Where can I go get treatment?
• Why is the insurance company pressuring me to settle?

We have been presented with these questions in various forms thousands of times and have the tools and resources to successfully answer them.

Both BWC and car crash claims involve medical documentation, insurance issues, compensation issues and the like. Put our experience tackling these issues to your advantage by using the form to the right or by calling 513-737-5180 to schedule a free case consultation.

McKenzie & Snyder LLP represents clients in Hamilton, Trenton, Oxford, Colerain, Reading, Forest Park, Cheviot, Middletown, Dayton, Fairborn, Fairfield, Batavia, Amelia, College Hill, Mt Healthy, Loveland, Madeira, Hamilton County, Clermont County, Butler County, Warren County and more.

Many Ohio Injured Workers Go Through this Difficult Process

If you are unfortunate enough to suffer a work injury, you may have some very troubling issues arise.

1. What if I can’t work?
2. How will I get paid?
3. Who will pay for my treatment bills?
4. Why is my claim being denied?
5. What now?

These are just a few of some commonly asked question our law firm tackles for Ohio workers on a routine basis.

Each Ohio worker and Each Injury Is Unique

There is no concrete formula on how to process a workers comp claim. Each Ohio worker and each injury is unique, and therefore each claim needs to be handled accordingly. An injury to a shoulder or a knee on an individual who operates a forklift for a living will likely need to be handled differently than a low back injury to a school teacher, for example.

McKenzie & Snyder Has Extensive Workmans Comp Experience

Our firm has extensive experience dealing with workers compensation claims. We have tackled countless hearings at local Ohio Industrial Commission offices. We provide free consultations where you can sit down and speak with a lawyer face to face about your claim and determine what is the best course of action for you. Call today (513-737-5180) or use the form to the right to schedule a free consultation with an attorney at our firm.

McKenzie & Snyder LLP represents injured employees from Oxford, Hamilton, West Chester, Loveland, Fairfield, Avondale, Reading, Forest Park, Milford, Lebanon, Colerain, College Hill, Mt Healthy, Finneytown, Ross, Monroe, Cheviot, and Ohio.

“We don’t get paid until You get paid!”

Workers Comp Trials in Cincinnati

Many of such cases can be found downtown in the Hamilton County Common Pleas Court. The case may be decided by a judge, a magistrate, or a jury, depending on the circumstances. The issue is generally whether or not the claim should or should not be allowed (i.e., not how much money the employee is owed).

Testimony of Witnesses in a Hamilton County Workmans Comp (BWC) Case

A number of different types of witnesses may testify in such a trial. Some of the more common ones include: eyewitnesses (those who perhaps saw the injury take place); doctors (those who have treated and/or examined the employee); lay witnesses (those who perhaps worked with the employee before and after the injury) and the injured employee themselves.

Getting the Ohio BWC Claim Allowed

If the injured worker gets hie/her claim “allowed” at trial, then certain rights will accompany the decision. The claimant may, for example, start collecting compensation for missed time at work as well as payment for reasonable medical expenses.

McKenzie & Snyder LLP represents Ohio BWC clients living in Hamilton, Fairfield, Oxford, West Chester, Colerain, Lebanon, Monroe, Reading, Arlington Heights, Middletown, Dayton, Amelia, Milford, Loveland, Springboro, Ross, Cheviot, College Hill, Mt Healthy, Northside, Clifton, Hamilton County, Warren County, Butler County, Clermont County, Montgomery County and more.

If you have suffered a work injury in the Greater Cincinnati Area and wish to speak with one of our qualified attorneys, please call 513-737-5180 or use the form to the right.

Written by Andrew Tobergte

There is No Solid Correlation Between Property Damage and Injury

We have all heard about stories where a person is involved in a traumatic, high speed accident and yet somehow walks away “without a scratch on them.” Well, the inverse can often be true as well. That is, persons can be significantly injured in accidents occurring at low speeds and/or with minimal property damage. Physics and human anatomy play a major role in explaining why this is the case.

Cars are Powerful and Human Beings Cannot Compete With That Power

Take a low-impact rear-end accident, for example. As the automobile is pushed forward, the head lags behind. As the head attempts to catch up, flexion results. According to research, this flexion results in 2 to 2.5 times the G Force or acceleration of the vehicle itself. In these acceleration injuries, the force applied to the neck is roughly equivalent to the weight of the head multiplied by the speed that the head is moving. Thus, a 5G force results in a potential loading of approximately 50 pounds to the head. One research group found that at 7.25 mph, a vehicle peak acceleration was 3.1 G, while the occupant’s head accelerated at a force of 8.3 G, resulting in an 83-pound force acting on the head. Would you volunteer to be rear-ended at 10mph? How much property damage do you think would be caused in a 10mph hit?

Insurance Companies Regularly Look to Property Damage to Evaluate Claims

Insurance companies often argue that if there is minimal property damage there must be minimal, or no, injury in an auto accident case. While there is no scientific basis to this argument, they continue to make this argument nonetheless. What they bank on is the belief that jury members would not believe that someone in a minimal property damage case was significantly injured. Admittedly, people are often skeptical when they see, for example, photos of a dent or a scratch on a bumper and an allegation of significant injury. However, when they start to understand the physics involved in a car wreck, it is quite simple to understand that property damage and injury often do not go hand in hand.

McKenzie & Snyder represents auto accident victims in the Greater Cincinnati area, including Colerain, College Hill, Northside, Arlington Heights, Finneytown, Forest Park, Hamilton, Monroe, Middletown, Batavia, Amelia, Oxford, West Chester, Mt. Healthy and more.

Written by Andrew Tobergte

What Goes on in an Industrial Commission Hearing?

The IC holds hearings regarding a number of issues. The most typical involve either a treatment issue and/or an allowance issue.

Authorization of Treatment / Medication Hearings

Hearings involving treatment generally concern whether treatment for a work injury (e.g., physical therapy, chiropractic, surgery, medicine, etc.) is reasonably necessary and appropriate for the allowed condition(s) in the Ohio work comp claim. As Cincinnati work comp attorneys, we tackle such hearings on a regular basis (roughly a dozen per week), arguing for the medical care our clients deserve.

Allowance Hearings

Hearings involving allowance issues are also typical. These hearings generally concern whether or not a given condition should be added into an injured worker’s claim. These are very important hearings because if an employee/worker does not have the correct allowances or diagnoses in his or her claim, the result could be that treatment and/or compensation will be denied.

McKenzie & Snyder handles work comp hearings in the Greater Cincinnati and Dayton / Fairborn areas. Feel free to contact us by using the form to the right or simply by calling 513-737-5180 to discuss your upcoming hearing.

Example: Lumbar Sprain Allowance

One of the more commonly seen conditions in an Ohio BWC or work comp claim is that of “lumbar sprain” or “lumbar strain”. Say a construction worker lifts a heavy work instrument and feels a painful “pop” in his low back. He goes to the emergency room or his family doctor. X-rays are taken, no bones are broken and he is diagnosed with a low back or lumbar sprain. The BWC and/or employer then receives records of the accident and “allows” the claim for a lumbar sprain. A few months go by and after a stint of chiropractic care and/or physical therapy, the pain is not going away and is now traveling down his right leg so his physician of record (“POR”) orders an MRI scan of the lumbar spine. The scan shows a right-sided herniation at the L4-5 level.

C86 Motion for Additional Allowance

After the doctor receives the MRI results he then writes a report stating his opinion that the herniation or herniated disc is also a result of the lifting injury (in addition to the sprain). The request or c86 motion is then reviewed by the BWC and/or employer and a decision either allowing or disallowing the requested condition will be made. If the injured worker or employer do not agree with the decision, an appeal may be made and the matter may be heard at the Ohio Industrial Commission.

Free Consultation

McKenzie & Snyder represents injured workers with BWC claims. Use the form to the right or call 513-737-5180 to schedule a free consultation.

McKenzie & Snyder represents clients from Cincinnati, Colerain, Northside, College Hill, Hamilton, Fairfield, Oxford, West Chester, Mason, Monroe, Lebanon, Mt Healthy, Loveland, Batavia, Milford, Liberty Township, Hamilton County, Butler County, Clermont County, Warren County and more.

What happens during a consultation with an injury lawyer?

During a consultation with our law firm, we provide background information about who we are, what we do, and how we strive to help our clients. We will ask potential clients basic background questions so we understand where our clients are coming from. We will discuss the details of the accident or crash, how it has affected the client and what he or she expects from our representation. We listen to our client’s concerns and strive to answer all questions fully and accurately. After we have an understanding of the case, we will discuss how we anticipate the case should proceed.

Do I need to bring anything to the consultation?

Generally, no, you do not need to bring anything to a consultation with McKenzie & Snyder. However, it is often helpful to bring certain documents so that we may be able to better advise you about your case (accident or crash reports, BWC claim forms, photographs, witness statements, medical records, medical bills, etc.). If you do not have these documents, we will generally retrieve them for you.

How much does it cost to meet with an attorney?

At McKenzie & Snyder, we offer free, no obligation, consultations. Further, we can often arrange to meet with you somewhere outside of our office that is more convenient for you. Finally, we generally take cases on a contingency fee basis, meaning that our services are paid through the proceeds of your case so you never have to pay any money up-front or pay a bill from our firm.

Whether you have injured your low back, neck, shoulder, suffered a burn injury or were involved in a car wreck, we will listen to your concerns and strive to represent your interests to the best of our ability. McKenzie & Snyder LLP represents clients in Cincinnati, Colerain, College Hill, Northside, Hamilton, Fairfield, Loveland, Madeira, Milford, Monroe, West Chester, Oxford, Mt. Healthy, Arlington Heights, Forest Park, Finneytown, Cheviot, Hamilton County, Butler County, Warren County, Clermont County…and many more.

Please use the contact form on our website or call 513-737-5180 to schedule a free consultation.

Written by Andrew Tobergte

Litigation in Cincinnati

Many different things can happen after a complaint is filed and before a trial (if any) is held. One of the primary things that occurs is the “discovery” process. Here, the parties involved in the suit have the right to “discover” things about the other party and their respective theories about the case.

Types of Discovery in Personal Injury / Car Crash Cases in Cincinnati

Three very typical methods of discovery are interrogatories, requests for documents and depositions. Interrogatories are simply written questions given to a party to answer under oath. A request for production of documents is exactly that, a request that a party disclose certain documents (or other tangibles).

What is a Legal Deposition?

A deposition is a question and answer session where a party or a witness is questioned about the case (among other things) under oath. Many people are frightened by depositions, but with proper preparation they can be quite simple and straight-forward.

At McKenzie & Snyder we speak one-on-one with our clients before depositions and prepare them for what to expect. We explain what type of questions are likely to be asked and why, and then discuss the case so that the client’s memory is fresh. (Depositions sometimes occur months or even years after an accident.)

McKenzie & Snyder represents clients in Hamilton County, Butler County, Warren County, Clermont County, Cincinnati, Colerain, Northside, Hamilton, Fairfield, Monroe, Lebanon, Oxford, Forest Park, Mason, Middletown, Arlington Heights, Carthage, Loveland, Madeira, Kenwood, Mt. Healthy, Cheviot, Covington, Newport and more….Call 513-737-5180 or use the contact form to the right to schedule a free, no obligation, consultation with one of our experienced attorneys.

Written by Andrew Tobergte

Consult with a Cincinnati Car Accident Attorney for Free

We believe that all persons injured in car accidents deserve straight-forward advice on how to best handle his or her situation or claim. Sorting through insurance coverage issues, past medical history issues, among other considerations, can be overbearing -particularly when these issues arise while one is in pain and/or debilitated. Seeking a free consultation with one of the experienced lawyers at McKenzie & Snyder can help you and your loved ones best determine the right course of action in your case.

Whether you have injured your back, neck, shoulder or knee, we have the tools and resources to put together a success plan to help you collect the recovery you deserve.

McKenzie & Snyder LLP represents injured clients in Cincinnati, Hamilton, Fairfield, Colerain, Northside, Avondale, Arlington Heights, Forest Park, Finneytown, Mt. Healthy, Hamilton County, Butler County, Clermont County, and more. Use the form to the right or call 513-737-5180 to set up a free, no obligations consult today.

Written by Andrew Tobergte

First Thing’s First: Get Medical Attention

Without a doubt, the first thing one should do following a work injury is to seek help from a medical professional. You may need the assistance of co-workers to make this happen. While no one wants to disrupt the workday by stopping work and requiring medical attention, it is much better physically and legally to seek care immediately. you can always fill out an accident report and inform your superiors about what happened later.

Proper Documentation of Your Cincinnati Work Accident (BWC)

Once you have sought proper medical care and are stable enough to do so, create and gather evidence of what occurred. This includes, but is not limited to: a FROI (“first report of injury”) form from the Ohio Bureau of Workers Compensation, or (“BWC”), your employer’s specific accident / incident report, photographs, witness statements, video footage, etc. A note on accident reports: be sure they are filled out correctly, truthfully and fully. Try not to leave out important details. For example, if you believe you’ve significantly injured your low back (lumbar) and only slightly injured your neck (cervical) be sure to include both regions. Don’t assume your neck is not worth mentioning. Many of our clients feel pain only slightly in one body part immediately following a work injury but later that pain continues to persists and even worsen.

Consult a Cincinnati Work Injury / Workers Comp Attorney

Every case we handle here at McKenzie & Snyder LLP is unique and every injured worker has different worries, cares and concerns. Consulting with an experienced workers comp lawyer can help you determine the best course of action in your particular case.

McKenzie & Snyder LLP represents clients living in Cincinnati, Colerain, Northgate, Forest Park, Arlington Heights, Mt. Healthy, College Hill, Fairfield, Hamilton, Oxford, Monroe, Mason, Wyoming, West Chester, Middletown, Ross, Maineville, Hamilton County, Butler County, Clermont County and more.

Written by Andrew Tobergte

McKenzie & Snyder Are Experienced Cincinnati Car Crash and Workers Comp Lawyers

At McKenzie & Snyder, we have represented thousands of injured clients. We have trial experience and resources to make sure your case is handled properly. Our lawyers and paralegal staff strive to make sure your questions are answered and your case is successful.

What We Do As Cincinnati Attorneys

We look at every case as unique. Whether you hurt your lumbar spine, neck,shoulder or knee, we have experience to help you with your claim. We recognize that injuries affect people in different ways. We pay attention to those details and make sure insurance companies, employers and the BWC does as well. We offer free, no obligation consultations. Use the form to the right.

McKenzie & Snyder LLP, personal injury and workers comp lawyers, represent clients in Hamilton, Middletown, Fairfield, Oxford, Mason, Colerain, College Hill, Arlington Heights, Northside, West Chester, Forest Park, Finneytown, Cheviot, Loveland, Milford, Hamilton County, Butler County, Warren County, Franklin County, Clermont County, and more…

Hefty Medical Bills

Injuries from car wrecks often result in large surgical, chiropractic, physical therapy and/or rehabilitation bills, among others. Determining early on following a car accident which insurance policies will come into play and if, when and how they pay out is a critical component in a Cincinnati car accident case/claim.

The Insurance Company is Denying My Claim!

Sometimes an auto insurance company will deny coverage initially and later accept it. This may happen through negotiations with a personal injury / auto accident lawyer or by court order. Sitting down with an experienced Cincinnati auto crash attorney and discussing the insurance issues particular to your case can help make sure you get the coverage you deserve.

McKenzie & Snyder LLP has over 30 years of experience dealing with complex car insurance issues and practices law in Cincinnati, Colerain, College Hill, Mt Healthy, Hamilton, Fairfield, Mason, West Chester, Middletown, Oxford, Northside among others.

If you would like to schedule a free consultation with McKenzie & Snyder LLP please use the form to the right or call 513-737-5180.

Free Consultation Means Exactly That: There is No Charge for Consulting with Our Attorneys

Clients are often surprised when we tell them that there is no charge for consulting with one of the highly skilled attorneys at McKenzie & Snyder. Sometimes consultations last ten minutes, other times consultations can take up to an hour. Regardless, there is no risk and no obligations attached to a consultation with our firm. We understand that when one has suffered an injury on the job, or has been involved in a motor vehicle accident, money is often tight. We will never add insult to that injury by charging you a fee for consulting with us about your case. For no charge at all, we will listen to you, ask questions about your case, and give you a fair, honest opinion about what we feel should be done in your particular circumstances.

Every claim is unique and every client of ours has a story to tell. Whether you injured your low back, shoulder, neck, or knee, we want to hear how your accident has affected your life, how it has changed how you have to do things. We listen, we digest, and we offer sound, reasonable advice. We hope you will choose our firm when considering consulting with a Cincinnati injury attorney.

If you wish to schedule a free consultation, use the form to the right or simply call 513-737-5180.

McKenzie & Snyder LLP practices Workers Compensation (BWC) and Personal Injury (car crash, premises liability, etc.) law with clients located in Butler County, Hamilton County, Warren County, Montgomery County, including Colerain, College Hill, Mt Healthy, Hamilton, Fairfield, Arlington Heights, Forest Park, Mason, West Chester, Northside, Dayton, Loveland, Western Hills, Madeira, Oxford, and Monroe, among others.

Written by Andrew Tobergte

Bringing a Cincinnati BWC Claim

While it is not impossible to bring an Ohio BWC claim days, weeks, or even months after an injury occurs, it is more likely that allowance of such a claim will be contested. The reason for this is obvious. An Ohio BWC claim is in many ways similar to bringing a claim against an insurance company. Enough evidence must be present that the injury did, in fact, occur and occurred in the course and scope of one’s employment.

When an injured Cincinnati worker waits to file his or her claim, it raises questions about the legitimacy of the claim. Did the injured worker injure his shoulder at work or while he was playing softball? Was the injury a result of a car crash that occurred two days prior to bringing the claim?

Generally speaking, documenting one’s on the job injury is critical to having one’s BWC claim allowed. Once allowed, the worker may then become eligible for compensation, including money to replace lost wages and payment of medical bills, among others.

Documenting the Cincinnati Workplace Injury

The first thing to do, of course, following an injury is to seek immediate medical attention. Once that occurs, and the worker is able, he or she should be sure to document the claim with his or her employer as well as the Bureau of Workers’ Compensation (“BWC”). Sometimes obtaining photographs, video tape, and witness statements is also necessary.

Cincinnati Workers Compensation Attorney

If you’ve been injured on the job in Cincinnati, and have questions about a BWC claim, call one of the attorneys at McKenzie & Snyder LLP. We have been practicing workers comp in the Greater Cincinnati area for over 15 years.

****McKenzie & Snyder LLP represents injured clients in Cincinnati, Colerain, College Hill, Mt. Healthy, Hamilton, Fairfield, West Chester, Loveland, Madeira, Downtown, Northside, Finneytown, Arlington Heights, Oxford, Ross, Mason, Middletown, and Ohio.****

Generally speaking, car accidents are the result of someone’s negligence or carelessness, and often result in serious or catastrophic injury. Cars are fast, powerful and very capable to causing pain to human beings. Rarely do car crashes result from intentional acts or recklessness, although this does happen on occasion. If a lawsuit is filed following a car wreck in Cincinnati because a passenger or driver is injured, it will generally allege the tort of negligence. Negligence consists of:

• (1) duty
• (2) breach
• (3) causation
• (4) damages.

Let’s break that down more specifically in a car crash situation.

Duty

Cincinnati drivers owe each other a duty of reasonable care. That is, we all are expected to follow the “rules of the road” and drive like a reasonably prudent person. This duty also applies to pedestrians and bicyclists. When we fail to drive reasonably, we breach that duty.

Breach

To say that a person “breached” his or her duty of reasonable care is simply to say that he or she failed in his or her duty. This can come about in a number of ways. Examples include: running a red light or stop sign, failing to yield, crossing a double yellow line, rear-ending the car in front (i.e., failure to maintain an assured clear distance ahead), etc..

Causation

The third element of a negligence action is “causation” of damages. That is, the injured party needs to prove that the breach or failure caused harm to him or her. Sometimes this is very straight forward, other times it is not so simple. For example, say a Cincinnati drunk driver going 50 miles per hour blows through a stop sign and “t-bones” a van. The persons in the van are seriously injured (lacerations, broken bones, herniated discs, scarring, etc.). In this instance, it would be quite clear that the drunk driver caused harm to the passengers in the van. However, assume instead that the drunk driver was only traveling 10 miles per hour and merely scraped the back of the van causing it to shake and turn. The persons in the van are shaken up and one individual wakes up a few days later with neck pain. Let us further assume the individual with neck pain had two previous neck surgeries one year prior. In that instance it would more difficult, although not impossible, to prove that the drunk driver caused neck pain in that individual.

Damages

Finally, those injured in Cincinnati accidents will need to prove damages. That is, they need to prove that they were harmed in the crash. In looking at the first example above, it would be quite simple to prove harm was done to the passengers with broken bones, cuts, etc..However, in looking at the second example, it would be more difficult to prove the harm caused to the individual’s neck as much of the harm could have been “pre-existing.”

Free Consultation

If you would like to schedule a free consultation to discuss your negligence claim please use the form to the right or call 513-737-5180.

McKenzie & Snyder LLP practices injury law in Cincinnati, Colerain, Northside, College Hill, Finneytown, Forest Park, Hamilton, Fairfield, West Chester, Arlington Heights, Mt. Healthy, Oxford, Dayton, Middletown and Ohio.

Cincinnati BWC Attorney

McKenzie & Snyder LLP has been representing clients with Ohio BWC (workers compensation) claims for over 25 years. We fight hard to ensure that medical bills get paid and that injured workers are compensated for having to take time off from work. Whether your injury involves your low back, neck, knee, shoulder or other body part, consulting with a competent Cincinnati BWC lawyer can help you determine what rights and options you have and the best way to proceed with your claim.

When Should I Hire A Cincinnati Lawyer?

Unfortunately, some people only call us after it is too late for us to help them. Consulting with an attorney early on following a work injury can help make sure your claim is handled properly, avoiding unnecessary and costly delays in medical care and compensation.

McKenzie & Snyder LLP represents clients in Cincinnati, Colerain, Hamilton, Fairfield, West Chester, Mason, College Hill, and more. We meet clients out of our Hamilton office or at a location that is convenient for you.

Ohio workers’ compensation claims are filed for all kinds of different injuries and diseases. Claims are filed using the First Report of Injury form (FROI) and turning it into the Bureau of Workers’ Compensation (BWC). Claims may be filed by an injured worker, employer, workers’ compensation lawyer, doctor or managed care organization (MCO).

Ohio Workers’ Comp Claim

If the claim is allowed by the BWC or the self insured employer, it will include an ICD-9 code or codes classifying the type of injury or injuries that is/are recognized in the claim. ICD-9 is an acronym standing for “International Classification of Diseases, Ninth Edition.”

Here’s An Example

For example, say an Ohio employee is injured on the job by getting in an auto accident or car crash while making a work delivery. He suffers significant injury to his neck and back. He is taken by ambulance to the hospital emergency room and x-rays are taken. He has no broken bones or vertebrae and so he is diagnosed with (1) lumbar sprain / strain and (2) cervical (neck) sprain / strain. An Ohio workers’ compensation claim is then opened and subsequently allowed for (1) 847.2 (lumbar sprain / strain) and (2) 847.0 (cervical sprain / strain).

The Lumbar Pain Continues

Now imagine his neck and back pain continues for several months and seems to be getting worse. His doctor orders an MRI of both areas of the spine. The MRIs reveal disc herniation / displacement and degenerative disc disease so the claim is then amended to include (3) 722.52 (degeneration of lumbar disc), (4) 722.4 (degeneration of cervical disc), and (5) 722.10 (lumbar intervertebral disc displacement without myelopathy). (The same situation may occur when dealing with shoulder, knee, or ankle injuries, for example.)

It is important for those injured at work to have his / her BWC claim allowed for all of the diagnoses that are a result of the workplace injury. Failure to do so may result in non-payment of medical treatment. For example, say an employee’s work comp claim is allowed for a lumbar sprain. Three months after the accident or injury his back problem continues to deteriorate. He hopes to go see a pain management specialist for injections. The injections end up not being paid for because they do not fulfill the “Miller Criteria” for payment of medical treatment. To pass the Miller test, the injured worker would have to prove:

(1) The requested medical services are reasonably related to the industrial injury.

(2) The requested services are reasonably necessary and appropriate for the treatment of the industrial injury (allowed condition).

(3) The costs of the services are medically reasonable.

In the above example, (1) and (3) would likely be met, but to meet (2), the claim would need to be allowed for a more significant diagnosis before the injections would be paid for through workers’ compensation (e.g. ICD-9 code: 738.4 Spondylolysis / Spondylolisthesis).

Hiring an Ohio Work Injury Lawyer

Hiring a Ohio workers’ compensation attorney who is familiar with claim allowances and additional conditions can help ensure a claim is allowed for the proper diagnoses.

McKenzie & Snyder LLP attorneys have been practicing workers’ compensation law in Ohio for 25 years.

“We don’t get paid until You get paid!”

What happens if I’m hurt at work in Cincinnati?

Unless they are “self-insured,” Cincinnati employers are required to carry workers’ compensation insurance via the Ohio Bureau of Workers’ Compensation (BWC). Workers’ compensation (“work comp”) covers injuries, occupational diseases and death to an employee sustained “in the course of” and “arising out of” employment.

Filing an Ohio BWC Claim

Ohio workers’ comp claims are generally filed by a doctor, chiropractor, managed care organization (MCO), employer or employee. The First Report of Injury (FROI) form is used.

A workers’ comp claim may be allowed for any number of diagnoses (e.g. lumbar sprain, herniated disc, aggravation of degenerative disc disease, knee sprain, cervical sprain, rotator cuff tear, shoulder sprain, ankle sprain, contusion, depression, post traumatic stress disorder, etc.). Such injuries may or may not be confirmed via x-ray, MRI, CT Scan, EMG or other testing methods.

Injuries typically arise out of a specific incident or accident (e.g. lifting, slip and falls, pulling, car accidents, etc.) but can also arise out of repetitive movements actions or traumas.

Claim Allowance / Disallowance

If the claim is allowed, the employee is eligible to have (among other things) his/her medical bills paid and to receive compensation for missing work. If the claim is not allowed, the employee has an opportunity to appeal the decision and have the matter heard at the Ohio Industrial Commission in Cincinnati.

Hiring a Cincinnati Workers’ Compensation attorney with experience handling hearings at the Industrial Commission is a good way to make sure your claim allowance is handled properly.

McKenzie & Snyder LLP has been handling hearings at the Cincinnati Industrial Commission for 15 years.

“We don’t get paid until You get paid!”

Written by Andrew Tobergte

Temporary Total Disability (“TTD”) Compensation

The most common way that Cincinnati workers are paid when hurt on the job is to receive temporary total disability (“TTD”) compensation. An employee who injures his neck, back, shoulder, ankle, or other body part is eligible for TTD if he/she misses more than seven days of work due to an allowed condition in his/her claim. If the worker is off work for more than 90 days, a medical exam may be scheduled and continued payment may be dependent upon the outcome of the exam.

Wage Loss Compensation

Cincinnati employees may also receive “wage loss” when hurt on the job. Wage loss is paid when an injured worker suffers a reduction in earnings as a direct result of restrictions from allowed conditions in the claim. There are two types of wage loss benefits in Ohio work comp claims: Working Wage Loss and Non-Working Wage Loss.

Living Maintenance

Living maintenance compensation is paid when an Ohio injured worker is actively participating in a vocational rehabilitation (“voc rehab”) program. Generally, this type of pay will not exceed six months unless the Bureau of Workers’ Compensation (BWC) specifically finds that the injured worker will benefit from an extension.

An experienced Cincinnati workers compensation attorney can help you receive the compensation you deserve. McKenzie & Snyder LLP has been practicing workers’ compensation law for fifteen years.

What types of injuries are covered in Ohio?

Ohio law provides compensation for injury, occupational disease and death. There must be proof that (1) you have the condition and (2) it is work-related. Whether you injure your low back, neck, knee, shoulder or foot, you must prove that there is a “causal relationship” between the condition and your job.

What if there was no specific accident?

In the landmark case, Village v. General Motors Corp., the Ohio Supreme Court held that injuries that develop over time are compensable. For example, say you are required to regularly shovel gravel and you develop a lumbar sprain as a result. Simply because there was no accident (e.g. a slip and fall) per se, does not mean you cannot bring an Ohio workers’ compensation claim. In fact, such repetitive or cumulative trauma claims are quite common.

What if an old injury was aggravated?

Aggravation of old injuries or conditions are also compensable under Ohio law. However, effective October 11, 2006, injured workers must prove that the aggravation was “substantial.” Such aggravations must be documented by “objective diagnostic findings, objective clinical findings, or objective rest results.” That is, subjective complaints alone will not be enough.

What about psychological injuries?

This is a common question. The short answer is that psychological injuries are compensable provided that there is a physical injury associated with it. For example, say you break your leg and cannot work. You are in constant pain and become deeply depressed. The depression would be compensable as it arises from the physical condition.

The definition of “injury” under Ohio work comp law does not include psychiatric problems that are caused solely by emotional distress.

If you would like to discuss your work injury with one of the attorneys at McKenzie & Snyder, please call 513-737-5180 to schedule a free consultation, or use the contact form to the right.

“We don’t get paid until You get paid!”

Written by Andrew Tobergte

Victims of auto accidents in Hamilton often have a number of questions that are commonly asked. This article aims to address some common issues that arise during an initial consultation.

Note: As personal injury attorneys we are often asked such questions as: “Should I have surgery on my shoulder? Neck? Low Back? Knee? Should I get an MRI or CT Scan?” Such questions may (or may not) have “legal” implications, however, for the most part such questions are best reserved for your medical provider and are not addressed in this article. We do strive, however, to explain potential legal ramifications of medical services, etc.

Is the Consultation Free?

Yes. I am often asked whether we bill new clients for the time it takes to meet and discuss his/her case for the first time. Consultations at McKenzie & Snyder are always free of charge.

How and How Much do You Charge Me to Work on My Case?

This is another common question. On personal injury cases, we work on what is known as a “contingency fee”. That means payment depends, or is “contingent”, upon recovery or award in the case. Payment is then a percentage of the amount recovered (e.g., 1/3). Our clients prefer this method -over hourly billing- because of the financial burdens car wrecks often cause (missed work, medical bills, property expenses, etc.).

Bear in mind, however, that expenses can have a significant impact on your case and in certain circumstances such expenses may be required up front. For example, say settlement of your case could not be reached and a lawsuit had to be filed. If the filing fee was $300, then your recovery at the end of the case would be reduced by that amount (and any other expenses that have been incurred).

Other expenses include, but are not limited to: costs of obtaining medical reports, deposition fees, and expert witness fees. Whether or not our firm will require expenses be paid up front is determined on a case by case basis. However, we rarely require expenses be paid up front.

What Should I Bring to the Consultation?

We are often asked what new clients should bring to the consultation. The short answer is everything you have related to the case. Such things include, but are not limited to: accident or crash reports, photographs, medical records, witness information, and a medical history.

The more information provided at the time of the consultation, the more thorough the free consultation may be. That being said, the only thing required during a consultation is the new client himself/herself. Any documentation, photographs, etc., can be located later.

What Happens During the Consultation?

During your initial consultation, you will meet with one of three attorneys from our office. We offer consultations at our office, your home, a nearby restaurant or even over the phone. After a brief introduction, we will ask you for information about your case that will help us determine the best course of legal action.

Such information includes, but is not limited to: name, address, phone number, email address, time and date of accident, doctors and other medical providers seen to date, diagnostic testing performed and/or scheduled, vehicles involved, passengers, insurance coverage, medical payments (“medpay”) provisions, body parts injured, previous injury history, previous motor vehicle crash history, etc..We also may discuss what further information is needed to make a better determination. If you have questions about your case, we will try to answer them fully.

What happens after the initial consultation varies greatly from case to case. If you would like to schedule a free consultation, contact us at (513) 737-5180 or email us using the form to the right.

Hefty Medical Bills

Such injuries often result in large medical bills from ambulances, hospitals, doctors’ offices, chiropractors, physical therapists, surgeons and other medical providers. The bills can accumulate fast. A simple trip to the emergency room can cost thousands of dollars.

Getting Medical Bills Paid

If an accident victim is fortunate enough to have health insurance and/or a medical payments provision (“medpay”) in his/her auto insurance policy, such medical bills may be paid by such coverage. However, there are limits on such policies and there may be provisions requiring repayment from the party at fault for the accident.

The Insurance Company of the At-Fault Driver is Not Offering Enough Money

The at-fault driver’s car insurance company (or the liability policy holder) may not offer enough money to cover the medical bills and/or repay the other companies who already paid for some or all of the medical bills. Hiring a Hamilton car accident lawyer to help negotiate a higher settlement from the liability carrier can certainly help under such circumstances.

When to Go To Trial

Sometimes even when an accident victim has a personal injury attorney negotiating for him or her, the insurance company still does not offer enough money to settle the claim. This can happen for a number of reasons, such as: pre-existing injuries, liability being in dispute, and long gaps in treatment, among others.

For example, say a woman who is 60 years old is rear-ended in a car wreck. She suffers injuries to her neck, low back, and shoulder. She requires an emergency room visit, physical therapy, and surgery. Her bills total over $20,000.00.

The liability insurance carrier argues that not all of the bills are related to the accident because she had a prior motor vehicle accident a year earlier and hurt her neck in that accident as well. Further, she did not start physical therapy for three months after the emergency room visit and they argue she may have injured herself again after the latest car crash. The offer is $8,000.00.

If she were to settle the claim and has no insurance coverage of her own to cover the balance, she may be stuck with over $12,000.00 in bills. This is an example of a case that would likely have to go to trial.

Hiring an Auto Accident Attorney in Hamilton Ohio

If you would like to discuss your Hamilton motor vehicle accident case, schedule a free consultation with McKenzie & Snyder LLP by calling 513-737-5180 or using the email form to the right.

McKenzie & Snyder LLP has been practicing injury law in Butler, Hamilton, and Warren County, among others, for over 20 years.

“We don’t get paid until You get paid!”

Written by Andrew Tobergte

Vocational rehabilitation (“voc rehab”) is the process of restoring the vocational functioning of an Ohio worker who experiences an on the job injury or occupational disease and who voluntarily agrees to participate in vocational rehabilitation.

How does one get into a Vocational Rehabilitation program?

Anyone can refer a Cincinnati injured worker for vocational rehabilitation services (i.e. a doctor, a lawyer, etc.). Once referred into a program, the Bureau of Workers’ Compensation will then determine whether or not the injured employee is “eligible” for a vocational rehab program.

Who is “Eligible” for Voc Rehab?

Generally speaking, to be eligible for voc rehab, the injured worker must 1. Have an allowed claim with eight or more days of lost time due to the work-related injury, 2. Have a “significant impediment” to returning to work, and either - Is receiving or has been awarded temporary total, non-working wage loss, or permanent total compensation for a period of time that includes the date of the referral, - Has been granted a scheduled loss award, - Has received a permanent partial disability award and has job restrictions as a result of that award by the physician of record and dated not more than one hundred eighty days prior to the date of referral, - Has reached “maximum medical improvement,” - Is receiving job retention services, **
- Sustained a catastrophic injury claim and a vocational goal can be established, or - Was receiving living maintenance wage loss not more than ninety days prior to the date of referral, has continuing job restrictions documented by the physician of record as a result of the allowed conditions in the claim, and has lost his or her job through no fault of his or her own.

(Note: other restrictions apply. See OAC 4123-18-03.)

If an injured worker is determined to be “eligible” for voc rehab, he or she must then be determined to be “feasible” to gain entrance into a program.

Who is “Feasible” for Voc Rehab in Ohio?

To be “feasible” for voc rehab, the injured worker must have a “reasonable probability” of benefiting from services and returning to work as a result thereof.

If you are interested in vocational rehabilitation and/or have been denied entrance into a program, feel free to call our office to discuss your options. We have been practicing Ohio workers’ compensation law for over 16 years.

Free Consult

“We don’t get paid until You get paid!”

What is an Example of a PPD Award?

For example, if you break your arm or tear a ligament in your knee you may end up losing some of the use of your arm or leg. After filing an injury claim and requesting a permanent partial disability award a doctor may examine your ongoing problems due to the injury and attribute a certain percentage of disability. This percentage may result in monetary compensation.

Obviously, the greater the ongoing problems, the higher the percentage one can expect. For example, if one were unfortunate enough to suffer the loss of a thumb on the job in 2009, he or she may anticipate an award of $46,020.00; if one were to suffer the loss of his or her hand, he or she may anticipate an award of $134,225.00…and so on and so forth.

McKenzie & Snyder: Workers’ Comp Lawyers Who Care

If you have suffered any kind of on the job injury or injury related to the work that you do, be sure to consult with an experienced workers’ compensation attorney who can talk to you about your options of filing a workers’ compensation claim as well as the possibility of receiving a permanent partial disability (or PPD) award.

Call McKenzie & Snyder for a free case evaluation. (513) 737-5180

Advantages of Having a Hamilton Injury Attorney On Your Side

For example, an experienced Hamilton work injury attorney knows how to make sure you are able to get the diagnostic testing (e.g., MRI, CT, EMG, NCV) necessary to fully diagnose your injuries. Some claims start off as being allowed for a “sprain / strain” or “soft tissue” injury. Then, an MRI reveals a slipped or displaced lumbar disc or degenerative disc disease.

Ensuring The Proper Care is Paid For and Recognized by Ohio BWC

A competent workers comp lawyer can make sure the diagnostic test is paid for and the additional diagnosis is recognized in the BWC (Bureau of Workers’ Compensation) claim. By adding the new diagnosis, future treatment is much more likely to be paid for by the BWC or self-insured employer.

To fully assess whether your Ohio work injury requires the help of a Hamilton workers’ compensation attorney, call 513-737-5180 or use the form to the right to schedule a free consultation with McKenzie & Snyder LLP. We have been protecting the rights of Hamilton’s injured workers for over 25 years.

"The Insurance Company’s Offer is Less Than My Medical Bills…”

We often meet with clients after they have attempted to settle a car accident claim on their own only to find out that accepting the settlement offer would leave a hold in their pocket. Many people have numerous conversations with an insurance claim representative trying to negotiate a settlement that covers only their medical bills.

Sometimes they are successful in negotiating their own settlement, often they are not. It is also important to bear in mind that a settlement that only covers medical bills will not truly make one “whole” as it does not account for future medical bills, lost wages, and pain and suffering, among other things. Having an experienced Hamilton auto accident lawyer represent the true value of your claim to an insurance company can get you the financial compensation you need and deserve.

“The Crash Happened Months Ago, But I’m Still In Pain… What Should I Do?"

Another common scenario we frequently see is where auto accident victims get an initial course of treatment or therapy but their injury does not heal. Sometimes victims (believing their pain will simply go away) stop treating for several months and later realize they need additional treatment.

These “gaps” in medical care are often used against victims by insurance companies. While it is quite a natural and very human reaction to react this way to an auto accident injury, it is often said in personal injury law that “tough guys finish last.”

Common Legal Arguments from Insurance Companies

Insurance companies typically argue that if the victim was really hurt he/she would have sought treatment immediately following the accident and continued to treat until the pain went away. While this argument may have some merit under certain circumstances, we often see that victims of car crashes will live in a great deal of pain believing it will go away sooner than later.

Unfortunately, because automobiles have a tremendous propensity for causing harm, the injuries they cause often do not simply vanish. This is true whether the accident involved a car (or cars) traveling at a high rate of speed or a low one. Having a competent Hamilton car accident attorney review your injuries, history of treatment, any many other variables can help you determine which course of action is right for you.

Call or Email us today for a free consultation regarding your auto injury case. McKenzie & Snyder LLP has been practicing personal injury law for over 15 years.

Business Owner Liability and Ohio Law: Occupiers and Invitees

Under Ohio law, business customers are generally referred to as “invitees,” and business or property owners are referred to as “occupiers.” If an invitee has a claim against an occupier, it is typically one for “negligence.” (It is important to point out that tenants often call us with similar claims against their landlord. Generally speaking, tenants and invitees are treated “substantially similar” under Ohio law.)

Business Owner Negligence

There are four elements or things that an occupier has to prove to be successful in a negligence claim: (1) duty; (2) breach; (3) causation; and (4) damages. That is, the occupier must owe the invitee a duty to protect against the injury he/she suffered; the occupier must have breached (or failed in) that duty; the breach must be the “proximate” cause of the harm suffered; and there must be actual harm or “damages.”

Duty and Breach

The duty and breach elements are the two most hotly contested elements in claims brought against occupiers. As a general rule, an occupier owes a business invitee a duty of “ordinary care” to maintain his/her property in a “reasonably safe condition.”

What is “ordinary care” and what is a “reasonably safe condition” can be a very subjective determination. An occupier also has a duty to warn invitees of “unreasonably dangerous conditions” of which it has knowledge or should have knowledge.

Consulting and Attorney for Your Injury

If you have been hurt at a store or on land owned by another person, it is important to consult with a competent premises liability attorney to discuss your case.

At McKenzie & Snyder we offer free consultation and analysis. Cases against property owners are very “fact specific” and we feel that all potential clients deserve thorough analysis before advising them on their options.

“We don’t get paid until You get paid!”

Written by Andrew Tobergte

What is Chiropractic Care?

Chiropractics is a very popular practice for the treatment of lumbar pain. “Chiropractor” comes from the Greek words “cheiros” and “praktos,” meaning “done with the hands.” Among other things, chiropractics aims to improve vertebral subluxations, or misalignments.

Chiropractors utilize manipulation, adjustment, electrical stimulation, and ultrasound, among other treatment methods, in order to correct the alignment of our bone structure.

What To Do If Insurance Company Won't Pay For Chiropractic Treatment?

Insurance company payouts sometimes do not fully compensate an injured person for the medical treatments they need. Ongoing physical therapy, chiropractor cost, and medications are just a few expenses that quickly add up to the cost of a personal injury.

A Hamilton chiropractor insurance attorney knows how to fight for your compensation, knows when to press an issue; having an insurance attorney levels the playing field with the large insurance companies who often times use their size and lawyers to offer minimal financial insurance payouts.

Hamilton Ohio Attorneys Specializing in Chiropractic Insurance

Chiropractic insurance attorneys know that simply because you have an insurance company, doesn’t mean that they have your best interest in mind. Many times they need to be pressed to offer you the real cost of your personal injury.

Contact a Hamilton personal injury lawyer now for a free consultation. (513) 737-5180

“We don’t get paid until You get paid!”

The first time an individual is published is a day to remember for any personal injury lawyer. I personally commended Andrew Tobergte when he was first published on the internet last year. Andrew’s article, titled "Hiring a Car Accident Lawyer to File an Auto Claim,” was approved by the human editors who make up E-Zine, an online publishing website. The article is now a part of internet history, as it is no longer available on the E-Zine website, but the breadth of our content has certainly grown since the original publication of this blog post, so please enjoy! All of the articles written on this blog have been and are written by the Hamilton, Ohio personal injury lawyers of McKenzie & Snyder Llp.

Please be warned, there are a TON of advertisements on E-Zine’s pages.

Remember, the quickest way to learn the information you are seeking is to talk directly to a southern Ohio personal injury lawyer. Call us now at 513-737-5180 or e-mail us anytime, and we will call you or email, whatever you specify.

Written by Andrew Tobergte

What Are Some Pitfalls Associated With Medical Payments Insurance?

MedPay generally kicks in automatically without too much hassle from the insurance company. However, there are some important points to keep in mind.

Recorded Statements and Medical Payments

Sometimes the insurance company will request that you provide a recorded statement before processing the medical payments. You may want to consult with a Hamilton personal injury before doing so to make sure your rights are protected.

Contact Hamilton Ohio attorneys McKenzie & Snyder for a free consultation regarding your case.

“We don’t get paid until You get paid!”

Written by Andrew Tobergte

A One-Car Wreck on I-275

I have seen it myself on I-275. Although I was prepared for the roads to become icy and my car to slide, there was nothing I could do when my car hit black ice, and I began to turn 360 degrees while still moving forward on the highway! After sliding on the ice for nearly a mile my car eventually plowed through the snow bank and down a snowy hill.

Fortunately there were other drivers on the highway at the time who saw me go off the road near Sharonville, and a guy with a winch on his truck was able to pull me up the hill. I was O.K., but I would like to make some important recommendations of things that you should have in your car in the winter that can help you survive an automobile accident.

Things You Should Have in Your Car During Winter

6. An ice scraper and an extra set of gloves
7. A coat or blanket
8. Road salt and/or sand
9. Anti-Freeze
10. Flashlight and batteries
11. A phone and phone charger
12. First aid kit, bottled water

_These car safety recommendations are in no way a complete list. If you would like to learn more about automobile accident precautions, you should check with a professional.

Thank You, Drive Safe, and have a Happy New Year.

How is an Ohio Workers Comp “PPD” Award Determined?

To determine the extent of disability or impairment, Ohio injured workers are examined and provided a percentage of whole person impairment (%PP) based upon the American Medical Association’s “Guides to the Evaluation of Permanent Impairment. An examining physician will utilize the AMA Guide as well as available medical documentation in the injured workers’ BWC claim file to come up with a percentage of impairment.

When Can an Injured Worker File for a PPD Award in Ohio?

Generally speaking, a C-92 or PPD application can be filed twenty-six weeks after the date of termination of the latest period of temporary total disability payments, or twenty-six weeks after the date of injury or contraction of an occupational disease if no temporary total disability payments have been made.

What happens after a PPD Application is filed with the Ohio BWC?

After the PPD application is filed, the BWC sends a copy of the application to the injured employee’s employer or representative and schedules the employee for a medical examination. A copy of the examination report will then be sent to the employee, the employer, and the employer’s representative. The BWC will then issue a tentative order. The employee, the employer, or their representative has a right to object to this tentative order. If their is a conflict in evidence (typically because another physician has determined a different percentage of disability), the application will be set for a hearing with the Ohio Industrial Commission. The Industrial Commission is headquartered in Columbus and has offices in downtown Cincinnati and Dayton, among others.

How is an Ohio PPD Award Paid?

An injured Ohio worker shall receive sixty-six and two-thirds percent of his/her average weekly wage, up to thirty-three and one-third percent of the statewide average weekly wage for the number of weeks equaling the percentage of two hundred weeks. In the rare case that the percentage of disability is ninety percent or higher, the award shall be paid out for two hundred weeks.

If an injured worker loses a finger or limb, the award is paid out according to a fixed schedule. For example, for loss of a thumb, compensation is paid at the statewide average weekly wage for sixty weeks. If an Ohio injured worker loses a hand, compensation is paid for one hundred seventy-five weeks. This fixed schedule applies to other losses, such as loss of eyesight or loss of hearing as well as such things as facial disfigurement.

Do I need a Cincinnati Attorney for My Ohio Workers Comp Claim?

Hiring an experienced Cincinnati workers’ comp attorney can help you receive the PPD award you deserve and assist you in navigating through the confusion of the Ohio workers compensation system.

Call McKenzie & Snyder LLP today at 513-737-5180 to set up a free consultation. Andrew R. Tobergte, Esq. is a Senior associate at McKenzie & Snyder skilled in workers’ compensation and personal injury law.

Site Disclaimer – This site/article 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.

Written by Andrew Tobergte

1. temporary total disability compensation,
2. wage loss,
3. non-working wage loss,
4. and living maintenance.

Compensation may be payable for many types of injuries (e.g., back, knees, feet, elbows, shoulders, ribs, eyes, etc.).

Temporary Total Disability Compensation

Generally speaking, temporary total disability (TTD) compensation is payable where

• An employee is injured in the course of and arising out of employment; and
• He/She cannot return to his or her “former position of employment.”

What can be frustrating for a lot of injured Ohio workers is that one’s own doctor may label him/her TTD, but another doctor (either on behalf of the BWC or the employer) may say the worker is capable of returning to their former position. Having an experienced Hamilton Ohio workers’ comp lawyer on your side can help prevent a premature return to work, allowing you to fully heal, preventing further injury, unnecessary complications, and duress.

Wage Loss Compensation for Injured Hamilton Workers

The Ohio BWC.

• Suffers a loss in earnings and
• The loss is directly attributable to the allowed conditions in his/her claim.

There are 3 types of wage loss compensation under Ohio law:

1. Working wage loss
2. Non-working wage loss
3. Living maintenance

Contact a Hamilton workers’ comp lawyer at the law firm of McKenzie & Snyder LLP to discuss your compensation options.

What is a Bungee Cord?

Bungee cords are made of elastic strands covered in a nylon or cotton sheath. They originated out of the parachute industry some 60 or 70 years ago. Bungee cords secure items without having to tie knots; they also help absorb shock.

Bungee Cords and Pickup Trucks

Bungee cords, when used properly, can save time and energy when fastening items into a truck bed. Having multiple bungee cords makes the fastening process easy, especially because bungee cords can be chained together to create desired length and tension. One must be very careful, however, not to pull the bungee cords too tightly, as bungee cords are very dangerous when sprung free unexpectedly.

It is tempting to just toss one’s items into a truck bed and assume the item will not fly out, especially when traveling short distances. Please be mindful that just a few minutes of bungee strapping can prevent serious accidents and even death. An Arizona man, for instance, died recently when struck by debris flying out of the back of a truck in front of his vehicle.

McKenzie & Snyder is an experienced law firm specializing in personal injury and workers’ compensation law in Hamilton, Ohio.

Written by Andrew Tobergte

Hamilton, Ohio has a strong and growing bicycle community, it's as important as ever to take the proper safety measures to avoid bike riding crashes and severe injuries.

My wife and I are avid bike riders and regardless of whether we are on our beach cruisers slowly enjoying the Ludlow Avenue, Gas Light neighborhood of Clifton or making it across town on our racing bikes, we make sure to use proper bicycle safety.

Bike crashes with automobiles can be severe; bike crashes can even be fatal. The possibility of a bike accident should never be taken lightly.

To avoid a biking accident, it is important to follow these simple bike riding precautions:

• Wear bike helmets.
• Use front and back bike lights.
• Use proper left and right hand signals when making turns.
• Keep bikes tuned and brakes in good working order.
• Stop at traffic signals as if you are a car.
• And watch out for other cars and other bikers.

Bicycle accidents can cause serious injuries. Hiring a Cincinnati bicycle attorney to represent you for your personal injuries can help ensure you receive the compensation you deserve if you have been hit by a car and it was not your fault.

Here is a quick list of what you should do if you are involved in a bike riding accident in Cincinnati, Ohio.

• Seek proper medical care and ensure that everyone is treated
• File an accident report with the local authorities and your insurance company
• If there are witnesses to the bike accident, get their names and phone numbers
• Exchange information with those involved with the bicycle accident
• Remain as calm as possible

Many individuals who have sustained an injury during a bicycle accident turn to a Cincinnati personal injury lawyer to represent them in court to try to ensure that their injuries are paid for by those at fault (liable).

Further, your own automobile insurance policy may cover some or all of your medical expenses. If the liable party’s insurance company is going to cover your injuries and continuing care, you have to be able to prove that the driver who hit you was at fault.

Often times, this is no easy task.

McKenzie & Snyder go out of their way to fight for your bicycle accident case in the Ohio Courts. Contact a bicycle accident lawyer now for a free consultation about your rights as an injured bicyclist in Cincinnati, Ohio.

Written by Cincinnati Bike Accident Attorney, Andrew Tobergte.

Meet a Hamilton Injury Attorney at Your Home or a Nearby Location

By meeting an attorney at your home or a nearby location, the consultation process becomes more personal and keeps interference with your daily life to a minimum. McKenzie & Snyder LLP. is happy to send an experienced personal injury and workers’ compensation attorney to meet with you to discuss your legal rights and issues one-on-one in a familiar environment.

Client Feedback Tells Us Our House Call Service is Refreshing

In today’s impersonal culture, developing personal relationships is difficult at best. However, if you’ve been injured in an accident, you deserve a law firm that takes the time to listen to your concerns and develop an individualized strategy for your case. Whether you’ve been injured in a car wreck, boat or motorcycle accident, or a bicycle crash, a specific case plan for your injuries can put your mind at ease.

Our clients have told us time and time again how much they appreciate our willingness to sit down with them and discuss their legal options on their time and at a location that is convenient for them. If you’ve been injured in Cincinnati, call or email the law firm of McKenzie & Snyder LLP today to set up a house call consultation.

Call McKenzie & Snyder, When You Need A Lifeline!

Injury attorneys who make house calls.

The law firm of McKenzie & Snyder LLP. covers a vast amount of land in the Butler and Montgomery County areas. They are located in a beautifully renovated historic office building in Hamilton, Ohio, placing them in the perfect position to represent workers injured on the job who are filing a workers’ compensation claim anywhere in southwest Ohio.

Find out if the lawyers of the McKenzie & Snyder law firm cover your area by clicking on this link. If you are in southwest Ohio, then McKenzie & Snyder can represent your personal injury or workers’ compensation claim.

View Hamilton Ohio Car Accident Attorney Coverage Area in a larger map

Andrew Tobergte, a personal injury lawyer with the law firm, spends up to a full day in his car on a given week meeting his clients. Like a doctor making house calls, Andy goes out of his way to fight for and represent his clients. Just take a look at the map and you will see from an overhead view, thanks to Google Maps, the large area that this law firm covers.

This coverage area includes Cincinnati, Fairfield, Colerain, Hamilton, Forest Park, Green Hills, Mt. Healthy, Okeana, Bevis, Northgate, Sharonville, Dunlap, Glendale, Ross, Winton Woods, Millville, and all the way up North to Oxford, Somerville, Trenton, Middletown, Dayton, Lebanon; the law firm of McKenzie & Snyder covers all of Southwestern Ohio including Hamilton County, Butler County, Montgomery County and Warren County.

The law firm of McKenzie & Snyder is available right now. Schedule a free consultation from the contact form on this website to learn about your legal options.

To find the Ohio BWC address nearest you, click on the link below and use the Ohio BWC office locator.

https://www.bwc.ohio.gov/bwccommon/services/officelocator/default.asp

Note*These offices handle lost-time claims. If you have a medical-only claim, call the toll-free customer assistance number listed below.

Ohio BWC Phone Number and Contact Information The customer contact center is open from 7:30 A.M. to 5:30 P.M. EST.
Toll-Free: 1-800-OHIOBWC (1-800-644-6292)
TTY: 1-800-BWC-4-TDD (1-800-292-4833)
Fax: 1-877-520-OHIO (6446)
Mailing address: BWC 30 W. Spring St. Columbus, OH 43215-2256

McKenzie & Snyder Llp. has many years of experience helping injured workers maneuver through the Ohio BWC system. If you would like to discuss how we may be of service to you and your workers’ comp claim, contact us from this website to schedule a free phone consultation.

Written by Andrew Tobergte

It is important to note that, as discussed below, a wrongful death action is on behalf of a decedent’s beneficiaries, as opposed to a survival claim, where a decedent’s estate may recover for injuries suffered by the decedent before his or her death.

Hamilton Wrongful Death Lawsuit Brought by Beneficiaries

In Hamilton, Ohio, a wrongful death action is generally brought in the name of a personal representative of the decedent for the benefit of the surviving spouse, the children, the parents of the decedent, and the next of kin of the decedent. This is not to say that any money received by the representative is distributed equally to these parties; in some instances, the court will have the authority to adjust the share of each beneficiary.

Monetary Damages for Wrongful Death Lawsuit

Beneficiaries in a wrongful death action may be awarded “damages” including compensation for the following: loss of support from the reasonably expected earning capacity of the decedent; loss of services of the decedent; loss of the “society” of the decedent, including loss of companionship, consortium, care, and guidance; loss of prospective inheritance; and mental anguish. Other recoverable damages include reasonable funeral and burial expenses. Further, punitive damages may also be awarded if the defendant’s actions were particularly reprehensible.

When does a wrongful death lawsuit need to be filed?

With a few exceptions, generally a wrongful death action in Ohio must be commenced within two years after the decedent’s death.

Contact an experienced attorney at McKenzie & Snyder LLP to discuss your legal options. Andrew R. Tobergte is a Senior Associate at McKenzie & Snyder LLP, 229 Dayton St, Hamilton, OH 45011. Phone: (513) 737-5180.

“We don’t get paid until You get paid!”

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.

Workers’ Compensation Lawyer

The term “injury” includes, but is not limited to: sprains, strains, broken bones, lacerations, bruises, amputation, loss of use, disfigurement, loss of hearing and/or sight, herniated or bulging discs, and aggravation or acceleration of pre-existing conditions. “Injury” does not always arise from a specific accident or a particular incident. Sometimes, compensable injury can result from repeated minor injuries or repetitive trauma such as carpal tunnel syndrome, tendonitis, or even torn muscles, ligaments or tendons. “Injury” may include psychiatric or psychological conditions, including depression, arising from an injury, occupational disease, or even from the anxiety and feelings of despair that may arise from being unable to work due to injury.

Ohio Bureau of Workers’ Compensation (BWC)

In addition to seeking immediate medical attention, injured workers should make sure to file a “First Report of Injury” (FROI -or “FROI-1” for self-insured employers) with the Ohio Bureau of Workers’ Compensation (BWC), as well as an incident or accident report with his or her employer in accordance with the employer’s guidelines. The filing of a FROI starts the workers’ compensation claim process with the BWC.

Workers’ Compensation Attorney Cincinnati

If you are injured or contract an occupational disease on the job, you should consult a competent workers’ compensation attorney promptly to ensure that your claim is allowed to the full extent of your injury, your necessary treatment is paid for, and someone is watching out for your interests. Please contact the law firm of McKenzie & Snyder LLP (513-737-5180) for a free consultation today. Kyle McKenzie is a partner at McKenzie & Snyder LLP and has been helping injured workers for over 15 years.

Written by Andrew Tobergte

Types of Damages From a Car Accident

There are a number of types of “damages” incurred when someone is hurt in an car accident. “General” damages, for example, include those things for which an exact dollar amount cannot be calculated. Examples of general damages include: pain and suffering, loss of companionship, permanent impairment or disfigurement, loss of enjoyment of life, and compensation for a shortened life expectancy. “Special” damages, on the other hand, include medical bills, lost wages, and car repair costs. Victims of automobile accidents may also recover money for reasonable future medical bills and future lost wages.

A Pre-Existing Injury Exacerbated In a Car Accident

Also, merely because an injured party in an car accident was already suffering from a previous injury, does not necessarily mean he or she is barred from monetary recovery. If the accident aggravated or worsened the existing injury, such aggravation or worsening may be compensable.

Auto Insurance and Car Accidents Involving Driver’s Without Car Insurance

Often times auto accident victims who recover in court or via settlement are paid by the other (i.e. , at fault) driver’s insurance company. However, if the other driver is uninsured or underinsured, the accident victim may recover from his or her own insurance company provided such coverage is contained in his or her policy. Other types of insurance coverage may apply depending on the specifics of the particular case.

Call an Experienced Car Accident Lawyer

A car or motorcycle accident can have serious consequences, both for the victim and the victim’s family. Contact an experienced car accident attorney at McKenzie & Snyder LLP to discuss your legal options. Chris Snyder is a partner at McKenzie & Snyder LLP, 229 Dayton St, Hamilton, OH 45011. Phone: 513-737-5180

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.

Written by Andrew Tobergte

Suffering through the pain of a personal injury is a hard enough road to bear without having to deal with your auto insurance company, your boss giving you are hard time for missing work, and meeting your family’s needs while your are off the job and injured. That is why the law firm of McKenzie and Snyder offers free consultations.

Schedule A Free Consultation Right Now Using Our Website’s Contact Form

We are always available to you. Right now you can schedule a free consultation by filling in the form on this page or on our contact page. We will review your details if you choose to leave them so that when we talk we can inform you of all of the options available to you.

Lawyers On Twitter and Facebook

You can call us, E-mail us, and even learn more about us on Facebook or follow us on Twitter! That’s right, we are lawyers on Facebook and you can follow Buckeyelegal on Twitter. As you look for information regarding your personal injury case, regardless if you were injured in a car accident, injured at work, or slipped at the grocery store, contacting an experienced personal injury lawyer to set up a free consultation with us is the quickest way to find the answers you are looking for.

We look forward to discussing your case in detail during a free consultation

We are confident that you will have a better understanding of your injury claim or personal injury options after a free consultation. Please do not construe the information on this blog or on our Facebook and Twitter site as legal advice. Contact McKenzie and Snyder to set up a free consultation with a workers compensation attorney or personal injury lawyer for experience and professional assistance regarding your claim.

Written by Andrew Tobergte

BuckeyeLegal is a personal injury lawyer in Hamilton, Ohio who is making himself available to people as they look for answers and options regarding a personal injury, workers compensation claims, insurance claims, car accident injuries, lawsuits, and more.

BuckeyeLegal is a dedicated family man. Having recently married, he is planning a family of his own. BuckeyeLegal fights to ensure that all of his clients’ rights are protected, and that they receive all of the financial compensation they deserve.

BuckeyeLegal will publish personal injury articles here on this blog that can help to inform an individual on the current state of the laws in Ohio. This blog should not be construed as legal advice. To learn about your legal options e-mail BuckeyeLegal from the box on the right to schedule a free consultation.

“We don’t get paid until You get paid!”

Written by Andrew Tobergte