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CINCINNATI PERSONAL INJURY ATTORNEY

Information regarding personal injury claims from a Cincinnati personal injury and accident lawyer focusing on Ohio law

Wednesday, April 16, 2008

Motorcyclists Take Action On Healthcare Loophole

 



There is a little known loophole that could be in your medical insurance coverage the needs to be closed especially if you suffer a motorcycle injury.

Your policy could exclude medical coverage if you sustain a motorcycle injury.

The American motorcyclist association describes the problem as follows and after reading the article below go to this link to compose a letter to your Us senator and congressman
http://www.amadirectlink.com/legisltn/rapidresponse.asp

TELL YOUR REPRESENTATIVE YOU WANT THEIR SUPPORT ON THIS ISSUE!


U.S. Representative Michael Burgess (R-TX-26) and U.S. Representative Bart Stupak (D-MI-1) recently introduced H.R. 1076, "The HIPAA Recreational Injury Technical Correction Act.” Identical legislation obtained 177 bipartisan cosponsors and passed the full Senate in the 108th Congress.

H.R. 1076 aims at ending health care discrimination for individuals participating in legal transportation and recreational activities-activities like motorcycling, snowmobiling, skiing, horseback riding, and all-terrain vehicle riding.

This legislation addresses a loophole caused by a Department of Health and Human Services' rule making it possible for health care benefits to be denied to those who are injured while participating in these activities.

“The development of this bill could not have been possible without bipartisan congressional support and the hard work of the American Motorcyclist Association,” stated Congressman Burgess. “I look forward to working alongside the AMA to get this legislation passed into law.''

Congressman Stupak noted, “This important legislation would prevent health insurance discrimination against citizens who take part in legal, recreational activities such as motorcycle riding and snowmobiling. I look forward to continuing to work with the American Motorcyclist Association and other organizations on this issue."

On August 21, 1996 an important opportunity arose when President Clinton signed the Health Insurance Portability and Accountability Act (HIPAA), prohibiting employers from denying health care coverage based on a worker’s pre-existing medical conditions or participation in legal activities, such as motorcycling.

In 2001, the Department of Health and Human Services released the final rules that would govern the HIPAA law. The rules recognize that employers cannot refuse health care coverage to an employee on the basis of their participation in a recognized legal activity. However, the benefits can be denied for injuries sustained in connection with those activities. Therefore, you were guaranteed the right to health care coverage but not guaranteed any benefits in return for your monthly payments.

The AMA is urging all motorcyclists to notify their Representatives and tell them to co-sponsor and support H.R. 1076, "The HIPAA Recreational Injury Technical Correction Act."

Reprinted from AMA web site by

Anthony Castelli Greater Cincinnati Accident and injury attorney

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posted by Anthony Castelli at 9:08 PM 0 comments

Tuesday, March 18, 2008

Do You Need Cincinnati Personal Injury or A Workers Compensation Lawyer

 



If you have been injured while working you may be wondering whether you should hire a workers compensation lawyer or a personal injury attorney. The answer depends on how you were injured and by whom.

In Ohio an attorney can be certified as a specialist in Ohio workers compensation law by the OSBA, but this does not mean that he is also an experienced personal injury lawyer.

Some attorneys focus exclusively on workers compensation while other attorneys only focus on personal injury law. Some attorneys have the experience to do both. Most attorneys think they are car accident attorneys but very few have actually have had significant trial experience in taking cases to court and undertaking a trial, let alone handling the complexities of a case involving both workers compensation and a separate personal injury claim.

A personal injury lawyer takes cases where people are injured as a result of the negligence or legal fault of another and seeks to get them money compensation for their injures.

A workers compensation lawyer deals with clients who were injured while working and seeks the benefits of the workers compensation system for their clients. There is no necessity to prove negligence and normally you can not sue your employer even if they are negligent.

But what happens if you are injured through the fault of another while you are working. In that case you have a claim for your personal injury as well as a claim for workers compensation benefits. You can hire two attorneys or you can find attorneys experienced in both workers compensation and personal injury.

There are many benefits to having one attorney handle your workers compensation claim and your personal injury claim. The most important benefit is that the attorney knows all the information relevant to your claims. There is an overlap in medical information that is developed and it is important that one attorney have all that information.

Also the Ohio bureau of Workers compensation is entitled to get paid back out of your personal injury claim on a formula basis that is negotiable. An attorney experienced in personal injury and workers compensation will know how to maximize your benfits and should be able to maximize results for you.

Several recurring types of cases presant themselves. The car accident injury case while working is one. In that case you are entitled to get workers compensation as well as seek damages from the person that caused your injury. Also on construction sites workers can be injured through the negligence of a third party independant contractor. In that situation you also get workers compensation and you can bring a claim against the contrator.

By: Anthony Castelli accident and injury attorney . Mr Castelli is certified as a specialist by the OSBA in Ohio workers compensation law. Plus he has handled hudreds of personal injury cases as well as many cases involving persons injured on the job through the fault off a third person.

His website is www.castellilaw.com

His site provides information on both personal injury claims as well as workers compensation claims. Serving Greater cincinnati Anthony Castelli is both a personal injury attorney and workers compensation attorney and will be glad to provide a free initial consultation.

posted by Anthony Castelli at 6:25 AM 0 comments

Tuesday, February 12, 2008

Attorney Anthony Castelli Becomes affiliated with Pro-Unions Web

 



Accident and Injury Attorney Anthony Castelli has recently become affilliated with the pro-unions web site www.pro-unionsweb.com He is a featured advertiser for legal services for personal injury and workers compensation in Cincinnati, Ohio.

The pro-unions web site describes their site as follows :

After tiring of seeing these other so-called "Union Member Information and Resource" websites that feature many non-union made products, an initiative was set forth to create a true union member site. One that not only has useful information, but only lists union made products and labor friendly services.

Quite frankly, what union member would shop and buy from a website that offers foreign and non-union automobiles to them at discounted rates? These sites go as far as to say that they have non-union made automobiles on their websites because they give you a discount, and you deserve a variety of autos and products to choose from whether they are union made or not. If that is the case, they might as well put Wal-mart on their sites!

At Pro-Unions Web we don't want to be the highest traffic website by manipulating numbers and hits. We want to work to earn the distinction of being the best and purest union member information and resource website in the U.S. and Canada.

As a former Union Flat Glass line worker in New Jersey in the 80's and Union Culinary employee here in Las Vegas in mid 90's, I personally know the importance of having a strong union presence in the work-place.

"We must stand together in these ever changing times!"

William Gamble
President
Pro-Unions Web

This web site features products and services dedicated to helping union members. Whether you like unions or not, my experience with union members is that they don't want everything, nor do they want to hurt their company. They just want a seat at the table and an opportunity to make a fair wage so they can suppport their families.

by Anthony Castelli attorney

posted by Anthony Castelli at 2:09 PM 0 comments

Ohio Workers Compensation Secret Benefit

 



The Ohio workers compensation system provides benefits to workers hurt on the job. Everyone knows that payment for medical treatment is available as well as payment while you are healing.

However many workers do not know about the award called " permanent partial disability". Neither the bureau of workers compensation , nor your employer will tell you about this award. That is why I call this the secret benefit.

If you have a permanent impairment, such as pain, you can file for this award. You must wait a certain time limit before you can file for it. Additionally you do not have to take the award the workers compensation bureau gives you. You can have a doctor of your choosing exam you and give his opinion of your percentage of impairment to your body as a whole. Plus this award does not close your claim but extends it.

If there is evidence, the matter goes to a hearing and the industrial commision decides what your percentage is. I have seen doctors differ as much as 15%. This means that if a bureau doctor gives you 3%, depending on your wages you might get a one time payment of $1200. However if you doctor gives you a 15% the industial commision might find a 9 or 10% award. This could be as much as $$4400. This is quite a big difference.

Most attorneys that specialize in workers compensation of Ohio will only take a fee from your permanent partial award if you are granted one. They can tell you what is a fair award within range and may know doctors who specialize in performing these exams for claimants.

So if you have a workers compensation claim don't be shortchanged. Contact an attorney who specializes in Ohio's workers compensation to see if they can get you the maximum permanent partial disability award.

by Anthony Castelli Attorney certified specialist in Ohio workers compensation law by the Ohio State Bar Association practicng in greater Cincinnati Ohio. Call Lawyer Castelli for a free consultation 621-2345 or visit his website www.castellilaw.com/workers-compensation.html

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posted by Anthony Castelli at 1:13 PM 0 comments

Thursday, January 24, 2008

Workers Compensation Benefit Attorney

 



Ohio workers compensation law is complex. An injured worker might think he is getting everything he is entitled to, but I have seen many injured claimants who did not get everything they were entitled to and were "leaving money on the table"

Don't expect your employer and don't expect the bureau of workers compensation to tell you the full story. Find an attorney experienced in workers compensation to help you get everything you deserve.

For instance, there is a benefit available to many workers known as permanent partial diability benefit. A lawyer certified as a specialist by the Ohio State Bar association will know how to get the maximum benefit for you and will normally take their fee out of the award they obtain for you.

Recently deceased attorney Phli Finkelmeier was one of the early pioneers in workers compensation and worked diligently to get his clients every penny they deserved.

Philip Renner Finkelmeier, a lawyer in Cincinnati for nearly 50 years, specialized in workers' compensation law. He was always an advocate for the little guy, helping people injured at their jobs.

In Ohio, the state bar Association certifies as workers compensation specialists attorneys that have shown experience and special knowledge of the Ohio workers compensation benefits.

by Anthony Castelli attorney a certified specialist by the OSBA in ohio workers compensation law. Anthony devotes a part of his web site www.castellilaw.com
to educating the injured worker about their rights.

posted by Anthony Castelli at 9:33 PM 0 comments

Tuesday, January 08, 2008

ABATE of Ohio Seminar

 



Abate of Ohio is holding its annual seminar February 1 and 2 ,
2008 at the midwest Hotel in Columbus Ohio. Abate is an organization dedicated to the motorcycle rider. Abate stands for American bikers Aimed toward education.

The Seminar will feature legislative updates, breakout session, awards banquets, guest speakers, government speakers and motivational speakers.

Mark Dann the ohio attorney general will be one of the featured speakers. Special guest speaker will be Slider Gilmore from Iowa.
This important seminar is open to the general public.

The seminar was proudly advertised in the inaugural premier edition of Thunder roads Magazine of Ohio. An Abate update is featured at page 8 in the magazine.

Come to the seminar and learn about issues facing all motorcyclists. Also learn about motorcycle safety and accident prevention. You might even become a member and help your local chapter.

by Anthony Castelli attorney practices accident and injury law representing bikers in motorcycle accidents.he is a member of Abate and represents them in line with the Abate legal services philosophy. His web site features a motorcycle accident area where you can learn about your rights.

www.castellilaw.com

posted by Anthony Castelli at 10:18 PM 0 comments

Friday, January 04, 2008

Motorcycle Groups Focus on Safety

 



Motorcycle groups have one predominant focus - the safety of motocyclists from accidents. Whether it is the abate of ohio or other state abate organizations or the motorcycle riders foundation, the goal is to promote safety.

The question of how our groups differ from the ntsb was highlighted in the recents MRF Reports. We focus on crash avoidance tools vs the theme of safer crashing ie. helmets posed by the ntsb.

the tools motorcycle rider organizations propose and this attorney writer support are rider education and training, motorist awareness programs, enhanced right of way legislation, proper motorcycle licensing programs, and impaired riding- riding straight campaigns.

As a number of inaccuracies have been uncovered in examining data related to motorcycle crashes and many of the conclusions are speculative at best, the only true solutions to motorcycle safety are these proactive measures that prevent a collision from occurrring at all rather than reactive steps that may offer some level of injury reduction only after a crash has already taken place.

For instance in the greater cincinnati motorcycle community, Aces and Eights, the harley dealer in Mason , offers an excellant program on how to ride safely especially for the novice rider .

Anthony Castelli is a greater cincinnati attorney that represents motorcyclists involved in serious injury cases. his web site offers free education materials on what steps to take to protect your rights if you are injured by the fault of another. www.castellilaw.com

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posted by Anthony Castelli at 9:52 PM 0 comments

Thursday, December 13, 2007

Personal Injury and Workers Compensation - The Interplay

 



Personal injury victims injured at work by the fault of a third party face a unique situation. They can file a claim for workers compensation and also file a claim against the person who caused their injury .

For example if you drive for United Parcel and while in the course of making a delivery a person rear ends you then you could file a claim for workers compensation benefits and also make a claim against the insurance company of the driver who caused the accident.

Another common example is a construction worker injured by the fault of another not related to his emplyer. A recent example of a case I succesfully resolved was a road crew worker that was struck by a negligent auto driver

The workers compensation board in Ohio is entitled to get the money they paid out on you claim, back from any recovery you make against the insurance company. But there still is a big advantage to proceed with both claims.

Workers compensation does not pay for pain and suffering damages nor do they pay for your loss of enjoyment of life. Also they may not compensate you for all of your lost wages. Therefore you can maximize your recovery by filing both claims. Even though you have to pay workers compensation back, there is a formula that is used that may allow you to pay them back less than what they paid you.

Additionally you can get a portion of your lost wages now from workers compensation instead of having to wait until your personal injury case is settled.

This double type of case can be difficult , especially if you
have one lawyer handling your workers compensation case and one lawyer handling your personal injury case. The right hand may not know what the left hand is doing. Plus negative evidence could be created in your case by the workers compensation doctors that your personal injury attorney does not know about.

The best way a client can protect themselves is hire one lawyer who can handle both cases. This means that you should hire an attorney that does significant workers compensation cases and also is an experienced personal injury attorney. This way all the information is managed and known to one attorney who can work to maxiamize the benefits in both cases.

In Ohio a lawyer can be certified as a specialist in workers compensation law and also have significant experience in personal injuy cases. So if you have this type of double claim my suggestion is hire an attorney that can handle both cases.

Anthony Castelli is a Cincinnati personal injury attorney who is also a certified specialist by the OSBA in Ohio workers compensation. He offers free consultations. You can get more information about him and your injury case at www.castellilaw.com

posted by Anthony Castelli at 6:11 PM 0 comments

Thursday, November 22, 2007

Personal Injury Victims Face Grab For Medical Insurers For Their Compensation Awards

 



Personal injury victims are loosing their hard earned compensation to their medical insurers. If you are injured by the fault of another and you get compensation you may end up having to pay it all to your medical insurer. This is because medical insurers put clauses in the insurance contract that says that if they pay medical bills for an injury and you receive compensation for it from the person who caused your injury then you have to pay the medical insurer back.

This can lead to the totally unfair result where the injured party does the work to hire an attorney and gets an award but may still end up with nothing because their medical insurer gets to be paid back everything they expended for your treatment.

A case in point is Deborah Shank who was severe;y injured by a trucking company. Aftr legal expenses and attorneys fees were paid there was $417,000 left that was put in a trust for her future needs. Wonderful Walmart, her employer that provided the insurance, sued to take it all and won.

There are many variables that determine whether the insurance company must be paid back fully or partially. So get a good lawyer that knows the arguements to fight with these health insurance comapnies. Although in many states and in federal cases it may be up to the legislature to change the laws so injury victims can keep a fair amount of compensation. However a vigourous defense can often cause the insurer to take substantially less than what was paid.

by Anthony Castelli personal injury attorney www.castellilaw.com

posted by Anthony Castelli at 9:01 PM 0 comments

Monday, September 03, 2007

Motorcycle ride To Aid Injured Troops Cincinnati - Fairfield

 



Motorcyclists will depart the Fairfield VFW Hall at 1367 Hick Blvd at noon Sept. 9th to begin a benefit ride to honor the memory of marine Lance Cpl Taylor B. Prazynski who was killed in Iraq in 2005.

This is the third annual 9/11 Hero's Ride and will be preceded by an all you can eat breakfast from 9-11

Registration is $15, $5 for additional riders.

Proceeds benefit impact a hero, a nonprofit organization that helps injured or disabled military personnel.

Remember, even if you disagree with the war, as do 75% of Americans, we still need to support our troops. For some of them and their families life will never be the same.

Anthony Castelli Cincinnati accident and injury and motorcycle lay attorney
www.castellilaw.com/motorcycle-accidents.html

posted by Anthony Castelli at 7:51 AM 0 comments

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