Author: Barkan Meizlish

What Types of Damages Can I Claim in an Ohio Personal Injury Lawsuit?

Posted on by Barkan Meizlish

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

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

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

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

Explaining Compensatory Damages

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

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

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

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

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

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

Explaining Punitive Damages

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

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

What About Attorneys’ Fees?

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

What You Need to Know About Workplace Discrimination Laws in Ohio

Posted on by Barkan Meizlish

During 2018, the Equal Employment Opportunity Commission filed 2,274 charges for employment discrimination in Ohio. Far more workers and job applicants suffered from discrimination, however. The EEOC handles most such cases, but it is not the only federal or state agency that does so. Additionally, 75 percent or more of the discriminatory actions taken by employers go unreported.

One reason so many victims of workplace discrimination do not file complaints is that discriminatory motives for what Columbus employee rights lawyers call adverse employment actions go unspoken or get expressed in coded language. For instance, a subtle method many employers use to engage in discrimination against older workers involves writing job ads that include phrases like “cutting edge” or “energetic.” Such terms suggest that younger applicants are sought.

Workplace Discrimination may also lead an employer to

  • Decide not to hire or promote a qualified individual,
  • Set unrealistic performance goals,
  • Target certain individuals for harsh discipline while allowing other people to break the same rules without experiencing consequences,
  • Subject people to harassment,
  • Layoff or fire someone without having a solid reason for doing so, or
  • Refusing to recall a laid-off worker while welcoming back other employees.

Who Has Legal Protections Against Workplace Discrimination?

A number of federal and state laws define so-called “protected classes” of employees and jobseekers. U.S. laws such as Title VII of the Civil Rights Act of 1964, the Americans With Disability Act, and the Age Discrimination in Employment Act protect people from discrimination based on their

  • Race,
  • Skin color,
  • National origin,
  • Religion,
  • Sex,
  • Pregnancy and recent childbirth.
  • Disability,
  • Age when older than 40,
  • Citizenship status, and
  • Genetic information.

Ohio statutes follow the U.S. Code very closely, but it is worth noting that state-based claims of workplace discrimination can be filed in relation to

  • Race,
  • Skin color,
  • National origin,
  • Ancestry,
  • Religion,
  • Sex,
  • Pregnancy and recent childbirth,
  • Disability,
  • Age when older than 40,
  • Military status, and
  • Caring for a parent, child, sibling, or spouse who was injured while serving in the military.

The cities of Columbus, Cincinnati, Cleveland, Dayton and Toledo also have local ordinances that prohibit workplace discrimination based on an individual’s sexual orientation or gender identity.

Note, too, that for the purposes of federal and Ohio workplace discrimination laws, classes such as race and religion include people of all races and religions. The legal protections are not reserved for people from specific racial groups or faith traditions.

What Is the Process for Filing a Claim for Workplace Discrimination in Ohio?

The EEOC process—which is the one most people follow and which serves as a model for the process used by the Ohio Civil rights Commission—starts with the victim of workplace discrimination making a formal complaint to their employer. The report can go to a human resources representative or a trusted manager or supervisor. Receiving the complaint legally obligates the employer to conduct a good-faith investigation into the problem.

The next step involves the employer working with the parties involved in the complaint to resolve the problem. The victim of discrimination can then take their complaint to the EEOC if any of the following situations develop:

  • The employer does not conduct an investigation,
  • The investigation is conducted sloppily or unfairly,
  • No action is taken to resolve the problem, or
  • The action taken fails to prevent the problem from recurring.

The EEOC will then conduct its own investigation. Depending on what the commission finds, it can dismiss the complaint, ask the employer to implement another solution, issue a letter authorizing the victim to sue their employer, or sue the employer on the victim’s behalf.

Winning an Ohio workplace discrimination lawsuit allows the victim to receive monetary damages, past and future wages (sometimes with interest), attorney fees, and, when appropriate and requested, reinstatement to their previous position. A ruling against an employer may also include court orders to change and document its policies and practices to ensure other workers do not suffer discrimination.

How to Get Help From an Attorney With Your Ohio Workplace Discrimination Lawsuit

Any person who thinks they have suffered workplace discrimination in Ohio has an undeniable right to seek advice and representation from an employment discrimination lawyer. It can help to speak with an attorney before filing an official complaint with an employer because the lawyer will be able to offer an opinion on whether a problem could potentially merit filing a lawsuit. The attorney can also help with gathering evidence and drafting a letter that states the complaint. At Barkan Meizlish, LLP, we partner with workers all across Ohio to combat workplace discrimination and to hold employers accountable for illegal employment practices. You can schedule a free and confidential consultation online or call us at (614) 221-4221.

Can I Sue Uber or Lyft if a Rideshare Driver Caused the Car Crash That Left Me Injured?

Posted on by Barkan Meizlish

Yes, you can generally file a personal injury claim if a rideshare driver causes a traffic accident that injures you.

Despite a series of class action lawsuits, Lyft and Uber drivers remain classified as independent contractors rather than employees of the rideshare companies for which they work. As a result, rideshare drivers are generally required to carry at least two separate forms of car insurance that cover accidents involving injuries to passengers, pedestrians, bike riders, and people in other vehicles.

Typically, the at-fault Uber or Lyft driver will be the liable party, with the rideshare company being secondary/additional. However, certain factors, like if the negligent or reckless driver was acting as an employee of a rideshare company at the time of the accident, can alter who the liable party actually is. How your case will go largely depends on which of the following scenarios describes what happened.

Were You Injured While Riding as an Uber or Lyft Passenger?

Rideshare companies require their contract drivers to carry personal car insurance coverage. Additionally, rideshare companies commonly provide, and in most states are required to provide, approximately $1-million in insurance coverage. The additional $1 million policy can apply when passengers suffer injuries in crashes a rideshare driver caused.

How much an injured passenger can claim will depend on a number of factors, including the severity of the injuries, the amount of the medical bills, and the number of injured people who have valid insurance claims. The final factor comes into play because the $1 million limit covers all crash victims.

Was the Uber or Lyft Driver En Route With a Passenger When They Hit You?

Under the laws of Ohio, pedestrian, motorcycle riders, and individuals in other vehicles may not have access to the full $1 million of injury liability coverage carried by Uber and Lyft drivers. Consulting with a knowledgeable and experienced rideshare accident attorney will clarify how to maximize insurance settlements, and ensure all potential avenues of recovery have been investigated. Please contact Barkan Meizlish, LLP to speak with an experienced personal injury lawyer.

Did the Uber or Lyft Driver Have the App Open but No Passenger in Their Vehicle?

Rideshare drivers who are “available” and logged into the rideshare company’s app, but have not yet picked up a passenger, are generally covered by their Uber or Lyft policy for up to $100,000 in liability. The driver’s own personal insurance may provide coverage, as may underinsured motorist provisions of the injured person’s insurance. If you have been injured because of a negligent rideshare driver, you should contact the attorneys at Barkan Meizlish, LLP.

Did the Uber or Lyft Driver Have the App Closed and No Passenger in Their Vehicle?

Yes, you can generally file a personal injury claim if a rideshare driver causes a traffic accident that injures you.

Despite a series of class action lawsuits, Lyft and Uber drivers remain classified as independent contractors rather than employees of the rideshare companies for which they work. As a result, rideshare drivers are generally required to carry at least two separate forms of car insurance that cover accidents involving injuries to passengers, pedestrians, bike riders, and people in other vehicles.

Typically, the at-fault Uber or Lyft driver will be the liable party, with the rideshare company being secondary/additional. However, certain factors, like if the negligent or reckless driver was acting as an employee of a rideshare company at the time of the accident, can alter who the liable party actually is. How your case will go largely depends on which of the following scenarios describes what happened.

Were You Injured While Riding as an Uber or Lyft Passenger?

Rideshare companies require their contract drivers to carry personal car insurance coverage. Additionally, rideshare companies commonly provide, and in most states are required to provide, approximately $1-million in insurance coverage. The additional $1 million policy can apply when passengers suffer injuries in crashes a rideshare driver caused.

How much an injured passenger can claim will depend on a number of factors, including the severity of the injuries, the amount of the medical bills, and the number of injured people who have valid insurance claims. The final factor comes into play because the $1 million limit covers all crash victims.

Was the Uber or Lyft Driver En Route With a Passenger When They Hit You?

Under the laws of Ohio, pedestrian, motorcycle riders, and individuals in other vehicles may not have access to the full $1 million of injury liability coverage carried by Uber and Lyft drivers. Consulting with a knowledgeable and experienced rideshare accident attorney will clarify how to maximize insurance settlements, and ensure all potential avenues of recovery have been investigated. Please contact Barkan Meizlish, LLP to speak with an experienced personal injury lawyer.

Did the Uber or Lyft Driver Have the App Open but No Passenger in Their Vehicle?

Rideshare drivers who are “available” and logged into the rideshare company’s app, but have not yet picked up a passenger, are generally covered by their Uber or Lyft policy for up to $100,000 in liability. The driver’s own personal insurance may provide coverage, as may underinsured motorist provisions of the injured person’s insurance. If you have been injured because of a negligent rideshare driver, you should contact the attorneys at Barkan Meizlish, LLP.

Did the Uber or Lyft Driver Have the App Closed and No Passenger in Their Vehicle?

When a rideshare driver is neither available to take passengers nor actually working for Uber or Lyft, their own car insurance policy generally applies to any crash they cause.

So, when can Uber or Lyft be sued if the driver was not actually working for the rideshare company at the time of the accident/injury? A few of the situations in which a rideshare company could be named as a defendant in a civil lawsuit are when:

  • The company allowed a driver to operate without carrying the required coverages.
  • The company contracted with a driver who has a criminal history of driving under the influence and the wreck involved drunk or drugged driving—a situation described as “negligent employment.”
  • The company contracted with a driver who had a criminal history of sexual or physical assault and the driver assaulted you while you were a passenger.

Before you file an Uber or Lyft driver lawsuit in Ohio, consider speaking with a personal injury attorney at Barkan Meizlish, LLP. Personal injury claims involving rideshare companies and drivers are complex and can be difficult. We are committed to straightening out the complexities of rideshare accidents, and we offer free consultations to potential clients. You can speak with a lawyer by calling (614) 221-4221 or schedule an appointment online.

What Evidence Is Needed for a Traumatic Brain Injury Lawsuit in Ohio?

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Succeeding with a traumatic brain injury lawsuit (TBI) in Ohio requires presenting two types of evidence. The first type establishes the direct link between someone else’s negligence or recklessness and the traumatic brain injury. The second establishes the extent and compensability of the Ohio traumatic brain injury.

“Compensability” is lawyer-speak for “deserving compensation.” Compensation for a TBI can include past and future medical care costs, disability, lost income, pain and suffering, and non economic losses like being unable to care for children and fulfill the duties of a spouse.

Examples of Negligence in Traumatic Brain Injury

Each case requires its own specific evidence, but providing general examples is possible. For instance, a driver who causes a car crash that leaves a person in another vehicle suffering from a TBI would be negligent or reckless. Similarly, a patient who suffers a loss of oxygen during a surgery could possible be due to an anesthesiologist’s negligence.

Importantly, Ohio courts recognize the legal principle of comparative negligence. This means that, in order to succeed with an insurance claim or civil lawsuit, a TBI victim only needs to prove that the defendant bears 51 percent or more of the responsibility for inflicting the brain injury. Compensation may be reduced to reflect the amount of responsibility shared by the victim.

Showing That a Negligent or Reckless Act Inflicted a Traumatic Brain Injury

The evidence that a person suffered a TBI can be very clear-cut. For instance, almost no one will doubt that a fall or a crash caused by a truck driver that results in a fractured skull could seriously injure a person’s brain. Likewise, a person who becomes paralyzed or requires assistance with activities of daily living—getting in and out of bed, brushing one’s teeth, dressing—should encounter minimal push back when claiming to suffer from a traumatic brain injury.

However, closed head injuries can draw questions from insurance company representatives and jurors. In a case where legitimate doubts about the existence of a traumatic brain injury can be raised, the person who files an insurance claim or traumatic brain injury lawsuit can rely on:

  • Diagnoses from doctors and medical specialists like neurologists;
  • Assessments by occupational therapists and vocational experts;
  • Examinations by psychologists and psychiatrists; and
  • Testimony from friends, family members, and co-workers.

Statements made by the people who know the traumatic brain injury victim best will carry a lot of weight. The changes a person undergoes following a traumatic brain injury can be profound even if they are not immediately apparent.

Traumatic brain injury symptoms can include, but are not limited to:

  • Headaches;
  • Tingling and numbness in different parts of the body;
  • Mood swings that run the gamut from deep depressions to uncontrollable rages;
  • Difficulties forming and retaining new memories;
  • Problems understanding and communicating ideas; and
  • Trouble remembering to take care of oneself by, for instance, eating and bathing.

Loved ones and close companions can speak powerfully about these often hidden TBI symptoms that also take a toll on them.

Assistance From an Ohio Traumatic Brain Injury Attorney

Our experience in advising and representing traumatic brain injury victims in Columbus and across the state of Ohio is that insurance companies will try to minimize or deny settlements for even the most obvious brain injuries. This unfortunate reality makes gathering, organizing, and presenting clear, convincing evidence from experts and the individuals who live and work with the brain injury victim doubly important.

If you or your family needs help with a traumatic brain injury lawsuit case, let our Columbus traumatic brain injury lawyers know how we can be of service. We offer free consultations on all types of personal injury claims, and we take appointments online. You can also speak with an attorney at Barkan Meizlish, LLP, by calling (614) 221-4221.

Can My Employer Fire Me for Filing a Workers’ Comp Claim in Ohio?

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In a word, no.

In reality, it happens.

Federal and state laws make it illegal for businesses and their managers to punish employee who file claims for workers’ compensation benefits, Still, injured or ill employees do have reasons to worry about retaliation in the workplace in Ohio. When it occurs, the affected employee has rights under the whistleblower provisions of laws like the Occupational Safety and Health Act to seek a workers’ comp retaliation settlement.

How to Recognize Workplace Retaliation

Companies do not like being named in workers’ comp claims. In addition to driving up insurance costs, reports of workplace accidents require investigations that leave companies open to regulatory penalties and requirements to change the way a business operates. Too often, anger and frustration at such consequences gets illegally redirected toward the employee who suffered and called attention to unsafe working conditions.

Workers’ comp retaliation takes many forms. An employee who returns to work after filing a claim can face

  • Firing;
  • Demotion;
  • Pay and benefits cuts;
  • Reassignment to a dirty, dangerous, or low-status job;
  • Insults and bullying; and/or
  • Physical assaults.

What to Do When Retaliation Occurs

It is not always obvious how to prove that retaliation in the workplace is directly related to seeking workers’ comp benefits. Consulting with a trusted member of the HR team member or a concerned supervisor to clarify what is happening can be a good first step. It is also important to document actions that feel or are identified as retaliatory. At some point, speaking confidentially with an employee’s rights attorney will provide some peace of mind and insight on how to end the retaliation or hold the employer accountable for allowing retaliation.

A workers’ comp retaliation settlement typically includes compensation for back pay, front pay and emotional distress. If a case goes to trial, a jury is also empowered to award punitive damages and to order the defendant to pay the employee’s attorney fees. Punitive damages are noncriminal fines that are intended to penalize wrongdoing and serve as an example to other companies that might mistreat people who apply for workers’ comp benefits.

Several attorneys with Barkan Meizlish, LLP, devote themselves to assisting their fellow Ohioans with securing workers’ comp benefits. These lawyers, who work out of each of our offices in Columbus, Cleveland, and Marietta, offer free consultations throughout the state and take appointments online. Employees with concerns about violations of their rights can also get answers by calling (614) 221-4221.

Ohio Prevailing Wage Rights Law

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What is the Prevailing Wage in Ohio

When completing contracted work with the government, most workers, laborers, and skilled tradespeople are entitled to the prevailing wage.

Prevailing wages are established by governmental regulatory industries and are determined by the type of trade and occupation for the public works project. If you are working on a public construction project in the state, then you need to understand Ohio prevailing wage rights.

An Ohio prevailing wage attorney, like those at Barkan Meizlish LLP, can assist you in fully understanding the prevailing wage standards that are in place. If you are involved in a public works project in any capacity and have questions regarding the prevailing wage standards, do not hesitate to contact the prevailing wage attorneys at Barkan Meizlish, LLP.

Prevailing Wage Basics

Chapter 4115 of the Ohio Revised Code defines the prevailing wage and when it should be applied.

If a state or local government agency hires private contractors to complete a construction project, they must pay the prevailing wage.

The prevailing wage must reflect the total hourly dollar value of:

  • Pension
  • Apprenticeship programs
  • Other contractually obligated fringe benefits
  • Hourly pay
  • Vacation and paid holidays
  • Health insurance
  • Life insurance

Contractors can only claim an exemption from paying the prevailing wage if the project costs less than $250,000 to complete.

Complying with Ohio Prevailing Wage

Prevailing wages change every two years based on collective bargaining agreements between various unions and a governmental organization. As a result, the prevailing wage differs for each type of skilled trades person and in different localities. This means that a mason on a public works project in Summit County will receive a different prevailing wage than a mason in Franklin County. The two tradesmen can also have different wages if they are part of different unions.

Here are some of the unionized tradespeople covered under prevailing wage law:

  • Boilermakers
  • Bricklayers
  • Cement Masons
  • Drywall finishers
  • Electricians
  • Elevator installers and inspectors
  • Glaziers
  • Insulators
  • Ironworkers
  • Laborers
  • Painters
  • Plasterers
  • Plumbers
  • Roofers
  • Sheet metal workers
  • Sprinkler fitter

Overtime Pay under Prevailing Wage Legislation

All workers, even those not subject to prevailing wage legislation, are subject to overtime pay at a rate of 1.5 times their prevailing wage. This applies to all non-exempt employees who exceed 40 hours in a given work week. Though their base pay rate is typically higher than non-unionized employees, tradespeople covered by prevailing wage legislation are also entitled to overtime pay.

Contact Us

If you are part of a public works construction project in any facet, you should understand your rights under Ohio prevailing wage law. Our dedicated, professional legal staff can help answer any questions about prevailing wages or other labor-related matters. The Columbus prevailing wage attorneys with Barkan Meizlish, LLP are skilled and experienced in helping clients navigate wage laws to build a case against an employer not paying them the lawful wage. Gathering documentation through paystubs, bank statements, and timecards can be a difficult task to complete alone, so don’t hesitate to contact our wage attorneys in Ohio to review your case and give you a free consultation.

Tags: Ohio Prevailing Wage Rights, Prevailing Wage Ohio 2018

What Is the Minimum Wage in Ohio in 2019?

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On Jan. 1. 2019, the minimum wage for most workers in Ohio rose to $8.55/hour, which totals $342 for 40 hours before taxes. Employees who do not receive at least that much have the legal right to sue their employer for violating a law called the Fair Labor Standards Act, or FLSA. This is true even for the majority of people who work on commission or who take temp positions that require reporting for work.

The FLSA does allow restaurants, bars, and similar businesses to pay tipped employees a lower minimum wage. At the time this posted, the minimum wage for tipped employees in Ohio was $4.30/hour.

Provisions of the FLSA and a similar Ohio state law do, however, require employers to make sure their tipped employees earn at least the standard minimum wage. Complying with those rules requires businesses to document that the hourly wage they pay plus the tips employees receive total at least $8.55/hour for each hour worked up to 40 hours.

Every business is required to inform employees of their right to receive the minimum wage and what that wage is. State regulators actually distribute wage posters that employers are encouraged to post in places where workers can easily see the information.

What Happens When Employers Do Not Pay the Minimum Wage in Ohio?

The five FLSA wage attorneys who work out of the Columbus, Ohio, offices of Barkan Meizlish DeRose Wentz Mclnerney Peifer, LLP, often find themselves representing hourly and tipped employees whose employers engage in wage theft. This illegal pay practice can take many forms, with two of the most-common being denying overtime and miscalculating tip credits.

The FLSA requires employers to pay nearly every minimum-wage employee time-and-half for each hour worked in excess of 40 hours during a 7-day period. In Ohio during 2019, the minimum overtime rate is $12.83. Tipped employees who go into overtime must also earn that time-and-half rate when their tips are properly accounted.

Restaurants, bars, and the like play many games when it comes to tips. Some tell workers that they are only legally entitled to earn up to the standard minimum wage. Others require workers to pool all tips and to accept whatever their manager determine their share is. Still others simply take away tips without returning any of the money.

Workers who notice that they are being paid less than the minimum wage should raise the issue with their managers. Honest mistakes do get made, and good employers quickly correct errors to make workers whole. When illegal pay practices persist, notifying the state attorney general’s office and contacting an FLSA wage and overtime attorney makes sense.

We have offices in Columbus, Cleveland and Marietta to serve workers all across Ohio. We offer free consultations and work hard to put together class action and collective lawsuits to ensure that each employee who was denied the minimum wage or failed to receive earned overtime receives the money the law requires an employer to pay. To speak with an experienced employment law attorney, call (614) 221-4221 or connect with us online.

What Compensation Can I Receive for My Traumatic Brain Injury

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Traumatic Brain Injuries (TBI) are some of the most catastrophic injuries that a person can suffer. This fact is only compounded if a TBI occurred as a result of another’s negligent or reckless behavior. Do not let your TBI go without receiving compensation from the responsible party. Contact the legal professionals at Barkan Meizlish, LLP to help protect your interests and obtain the compensation you deserve. Our experienced legal team has the knowledge and expertise to achieve justice for your injury.

The Centers for Disease Control (CDC) estimates that more than 5.3 million people in the U.S. are suffering from lifelong disabilities caused by traumatic brain injury. In each of these cases, the person who is suffering from the injury will have a drastically altered life that is filled with frequent medical appointments, possible reduced mobility and quality of life. If you have been involved in an accident or medical incident that has led to a TBI, there are actions you can take to ensure that you are compensated for your injury.

Here are some common incidents in which TBIs typically occur:

  • Car Accidents — A large percentage of traumatic brain injuries come as a result of car crashes. High-impact accidents can often result in internal collisions of the brain and the skull, which can cause traumatic brain injuries. If you were injured in car accident that was the fault of a negligent or reckless person, contact the traumatic brain injury attorneys at Barkan Meizlish, LLP.
  • Falls — An alarmingly large number of TBI cases are a direct result of falls. These incidents, too, can be caused by someone else’s negligent or reckless behavior. Businesses could not properly warn you of a wet floor or properly clear their walkways of snow and ice leading to a fall. If this applies to you, contact the traumatic brain injury attorneys at Barkan Meizlish, LLP.
  • Assaults — Personal violent attacks also account for a number of traumatic brain injuries. If you have been assaulted, you can hold your attacker liable for the injury you have suffered. Contact the traumatic brain injury attorneys at Barkan Meizlish, LLP.

If you have suffered a traumatic brain injury as a result of another’s behavior, we can pursue litigation so that you can received compensation for the following:

  • Medical Bills — The medical procedures that follow a severe injury are expensive. If you were injured as a result of another party’s negligence, you can receive compensation for your medical bills.
  • Future Medical Care — With a substantial, severe injury like a TBI, your expenses likely will not end with initial treatment. You will often need further rehabilitation and medical care. You can receive compensation for the future expenses.
  • Lost Wages and Earning Ability — After such a dramatic injury, your life likely will no longer be the same. This includes your ability to earn a living. We will seek compensation for current lost wages as well as your diminished ability to earn a living following the injury.

Contact Us

If you are injured as a result of another’s negligence, then you should understand your options for pursuing compensation. Our dedicated, professional legal staff can help answer any questions about TBIs or other personal injuries. The Columbus traumatic brain injury attorneys with Barkan Meizlish, LLP are skilled and experienced in helping clients.

What is the Minimum Wage in Ohio?

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Minimum wage is federally mandated financial figure that each worker throughout the country must be paid per hour. However, the federal government grants states’ the right to set a wage above the one set by the Department of Labor.

Under the Fair Labor Standards Act, the federal minimum wage due to all employees is $7.25 per hour. This rate has not changed since it was instituted in 2009. In Ohio, because of the state’s Minimum Fair Wage Standards law, the minimum wage is set at $8.55 per hour for non-tipped employees and $4.15 per hour for tipped employees.

If you have not been receiving at least $8.55 per hour as a non-tipped employee or $4.15 per hour as a tipped employee in Ohio, you need to contact a Columbus minimum wage attorney. Our Ohio minimum wage attorneys at Barkan Meizlish, LLP have decades worth of experience in fighting unfair labor practices. The legal professionals at Barkan Meizlish, LLP will pair you with one our practiced minimum wage lawyers in Columbus, Ohio. We will fight for your right to earn the state legislated minimum wage.

How a Columbus Minimum Wage Attorney Can Help

We have encountered many cases in which employers have unfairly paid employees below the minimum wage. Whether it be incorrectly categorizing an employee as tipped or simply refusing to pay the wage that is state mandated, some employers look to cheat the system. For an employer to pay their employees $4.15 an hour, the employees must make at least $30 per month in tips. It does not matter how many hours they worked that month. Employees must also make minimum wage with their base rate of pay and tips combined. If they do not make minimum wage between their base pay and received tips, then employers must compensate with minimum wage pay.

Our minimum wage attorneys can help you determine if you are eligible for tipped workers pay or if you should be receiving the minimum wage in compensation. We can comb through your pay stubs and claimed tips to see if your employer has been incorrectly paying you below minimum wage.

It up to the employer to keep proper records of employee information and rate of pay for at least three years. This information is subject to investigation by the state department. Employers must correctly record the rate of pay, hours worked, and amount earned each pay period of every employee on their payroll.

Contact Us

If you are being paid Ohio’s minimum wage, it is imperative to contact Barkan Meizlish, LLP to speak with one of our experienced minimum wage attorneys. We can determine if you have a failure to pay minimum wage case against your employer. Employers may illegally deduct from your paycheck or hours without your knowledge, causing you to lose wages that you are entitled to.

Employees are frequently taken advantage of by their employers and lose out on earned wages. Different industries and jobs are subject to subtle nuances in Ohio’s minimum wage laws, so it’s crucial that you contact a lawyer if you believe that you are not being paid correctly under FLSA or Ohio’s Minimum Fair Wage Standards law.

The Columbus minimum wage attorneys with Barkan Meizlish, LLP are skilled and experienced in helping clients navigate minimum wage laws and build a case to bring forward to an employer not paying them the lawful wage. Gathering documentation through paystubs, bank statements and timecards can be a difficult task to complete alone, so don’t hesitate to contact our wage attorneys in Columbus Ohio to review your case and give you a free consultation.

Introducing Chris Peifer and Josh McInerney as Named Partners to Barkan Meizlish, LLP

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(Columbus, Ohio, November 2018) Chris Peifer and Josh McInerney have recently been made named partners to Barkan Meizlish DeRose Wentz McInerney Peifer, LLP, thus changing the firm’s name.

Chris Peifer represents and advises labor organizations in a diverse number of industries that includes the private sector, airline industry, trucking industry and the warehouse industry, among others. He also represents labor organizations in the public sector, federal and municipal administrative employees, and firefighters. His work with labor organizations includes collective bargaining, arbitration, and litigation in both federal and state courts throughout the country, and with agencies that are charged with enforcing the nation’s labor laws.

Josh McInerney works as a Labor and Employment lawyer and has extensive experience representing both public and private sector labor organizations in federal district and appellate courts, and state courts throughout the country. He has represented labor organizations and their members in collective bargaining negotiations, arbitrations, and mediations, and before federal and state agencies, including the NLRB, NMB, NTSB, EEOC and various public employee relations boards. He also provides advice and guidance to clients on legal issues related to union organizing, the duty of fair representation, and regulatory compliance.

We at Barkan Meizlish, LLP are excited to announce Mr. Peifer and Mr. McInerney as named partners and are confident they will bring valuable leadership to our firm. Welcome Chris and Josh!

For more information, call Barkan Meizlish, LLP at (614) 221-4221, email info@barkanmeizlish.com, or visit our website at www.barkanmeizlish.com.

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Barkan Meizlish DeRose
Wentz Mclnerney Peifer, LLP

250 E. Broad Street, 10th Floor
Columbus, OH 43215
(614) 221-4221

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