We support the State of Ohio’s recognition that employer’s need relief due to the economic impact of the Coronavirus by giving back $1.6 billion of employer’s workers’ compensation premiums. We also see in our daily practice of representing those that the system is designed to protect, the injured and their families, that the BWC, and many employers continue to the fight claims of the many injured workers we represent. Our fight has been and always remains with our clients’ right to obtain fair and just compensation for their injuries at work.  We remain committed to the fight for the injured and their families who need our help more now than ever. 

Please contact our attorneys at Karp Steiger to help you at (216)358-6446. 

To learn more, Click Here. 

The dividend would be the sixth of $1 billion or more since 2013 and seventh overall in that time. On top of that, the bureau lowered premium rates in recent years, including a 10% cut for public employers that took effect in January and a 13% cut for private employers that begins July 1, 2020.

In total, the bureau has saved employers approximately $10 billion in workers’ comp costs since 2011 through dividends, credits, rate reductions and greater efficiencies.  Let Karp Steiger’s lawyers assist you with all your workers compensation needs.

Click to read the full article from The Columbus Dispatch, Coronavirus: Ohio workers’ comp to return $1.6 billion to employers.

Business Interruption (“BI”) coverage typically covers short term financial loss arising from an interruption to business operations as a result of damage to the business premises or equipment.  The coverage may extend to lost revenues, rent and/or utilities, among other things.  A contingent business interruption provision generally provides coverage for a loss of income or profits causes by issues related to suppliers, vendors, and other major business partners.  An extended business income provision extends loss coverage beyond the date that the insurer expects the business to return to full operations.

Because of the pandemic, insurance companies are now in an impossible bind: Pay one virus-related claim and be forced to pay them all, or don’t pay any of the claims.  As a result, insurance companies are uniformly denying COVID-19-related insurance claims that perhaps should be covered by the insured’s policy.  The courts are now being asked to make determinations regarding the interpretation of the insurance policies for BI claims associated with COVID-19 losses.

There are many issues before the courts, but the biggest questions center around whether an insurance policy contains an explicit virus exclusion, whether the policy requires direct physical loss of or damage to property, what the presence or absence of these provisions mean for COVID-19 coverage, and the interpretation of these provisions as they relate to COVID-19.

A. Direct Physical Loss

The insurance companies are regularly denying coverage for COVID-19 claiming that there must be a “direct physical loss” (i.e., property damage) in order to trigger coverage and that COVID-19 not such a loss.  The counter to this argument is that the possibility of damage caused by the presence of microscopic organisms is evidence of a “direct physical loss.”

B. Virus Exclusion

Another hurdle facing business owners is that following the outbreak of SARS (another type of coronavirus) in the early 2000s, many insurance companies began adding an exclusion for loss due to viral infections into their business interruption policies.  In 2006, the Insurance Service Office (“ISO”) issued a standard insurance form titled “Exclusion for Loss Due to Virus or Bacteria.”  The exclusion bars coverage for loss or damage “caused by or resulting from any virus, bacterium or other microorganism that induces or is capable of inducing physical distress, illness or disease.”

Importantly, however, not every policy includes this virus inclusion.  Further, if an insurer has failed to incorporate this form exclusion into their policy, it is arguable that the insurer intended to cover losses due to viruses.

C. Civil Authority

Many policies contain a “civil authority” provision.  This provision can be triggered when a state, local or federal government prohibits access to a business’ property due to direct physical loss of or damage to property other than at the insured’s premises.  As it relates to the COVID-19 pandemic, insureds argue that coverage under the civil authority provisions has been triggered due to the Governor’s “stay at home” order, which has prevented access to business properties.  The insurance companies are countering this argument by claiming, once again, that there is no coverage unless there is evidence of a “direct physical loss.” (Attorneys from www.c-g-law.com have been helping many with these very issues.)  

If you have you been affected by COVID-19.  Contact us today at Karp Steiger.  Personal Injury lawyers and Workers’ Compensation Attorneys.  https://ksohio.com/workers-compensation-coronavirus-covid-19/; https://ksohio.com/contact-us/

To help you avoid injury when walking on ice and snow, Karp Steiger offers these simple tips:

1.  Walk slowly and deliberately and wear boots or other slip-resistant footwear.

2.  Be prepared for black-ice formation after melting occurs.

3.  Exercise caution when getting in and out of vehicles.

4.  Watch for slippery floors when entering buildings.

5.  Avoid carrying items.  Keep hands empty so arms are free to move for stabilization.  Use backpacks if possible.

If you were involved in a slip and fall and were injured, you may be entitled to compensation.  Contact us today at Karp Steiger.  Personal Injury lawyers and Workers’ Compensation Attorneys.  https://ksohio.com/case-types/slip-and-fall/;  https://ksohio.com/injury-types/dangerous-conditions/;  https://ksohio.com/contact-us/

To help avoid car accidents this summer, especially after being cooped up for so long during COVID, we are all eager to get out on road and travel, but here at Karp Steiger our attorneys want you to travel safely without any personal injuries.  See these simple tips:

1.  Make sure your car is well-maintained.  Before leaving for any road trips make sure to get your car fully inspected before setting out on the open road (including brakes, headlights and tires, and make sure your oil and fluid levels are topped off).

2.  Be sure to carry all appropriate paperwork at all times.  Make sure your drivers license is renewed and current.  Never knowing what will happen, you want to make sure your insurance policy is up-to-date and that you are able to help cover not only yourself if you are unfortunately struck by an uninsured driver, but also that you are protecting others if you happen to accidentally cause the accident.

3.  Keep all distractions at bay.  It’s easy to become distracted while driving, especially on long road trips.  Whether pets are in the back seat, kids are crying, you need to check your phone or you may just be hungry and eat on the go.  No matter what the circumstances, keep focused on the road so to avoid an accident and any possible personal injury lawsuit.

4.  Make sure to get plenty of rest.  Studies show that sleep deprived drivers can be as dangerous as an intoxicated driver.  Never do you want to put yourself, your family, or others at risk.  So if need be takes breaks and stop if you get too tired on your trips.

5.  Watch out for drunk drivers.  This summer everything is opening up and people want to celebrate.  So make sure you are careful and keep a lookout for drunk drivers.  Call the police if you suspect anyone who may be intoxicated and could put you or others at risk.

Let’s make this summer one to remember.  Have fun, but be safe.  No summer should be one where you are dealing with insurance companies, rental agencies, and doctors.  If you were involved in a car accident and were injured, let our attorneys here at Karp Steiger get you the compensation you deserve.  Contact us today at Karp Steiger.  Personal Injury lawyers and Workers’ Compensation Attorneys.  https://ksohio.com/trending-topics/;  https://ksohio.com/frequently-asked-questions-faq/;  https://ksohio.com/case-types/car-accidents/; https://ksohio.com/injury-types/personal-injury/; https://ksohio.com/contact-us/

To help you this fall season while the weather is cooling, people are heading outside to enjoy many fall activities. Here at Karp Steiger we would like to offer some tips to help you and your family stay safe whether you are headed out to do some biking, hiking, yardwork, or just preparing for the winter season that we here in Northeast Ohio inevitably deal with every year. Whether in Cleveland, Medina, Findlay, or Youngstown, Karp Steiger here to offer these simple tips:

If you are headed out to do some biking, stay warm with rain gear. Be careful with the wet roads, as drivers are combatting the same weather conditions. Make sure to wear protective eyewear, a helmet and even gloves to protect your hands with the ever changing weather.

When driving during the fall, drivers should take extra precautions as it gets darker earlier each evening. When headed out pay extra attention for people who are out and about, for slippery conditions (wet leaves on the road can be just as slippery as ice, be careful not to hit your brakes while driving over wet leaves), dim your dashboard to avoid glare and keep your car (i.e., windshield and headlights clean) for maximum visibility.

If you were involved in a bike accident or injured in a car accident, you may be entitled to compensation.  Contact us today at Karp Steiger.  Personal Injury lawyers and Workers’ Compensation Attorneys.  https://ksohio.com/case-types/car-accidents/; https://ksohio.com/case-types/bicycle-accidents/; https://ksohio.com/contact-us/

Uber and Lyft are becoming much more common, especially in big cities like Cleveland, Toledo and Akron. Rideshare companies are involved in car accident everyday. Depending on the accident, there could be different parties responsible; (1) a third-party driver; (2) the rideshare driver; or (3) Uber, Lyft or another rideshare company.

What are the different types of claims that could be at play in this process? Here are a few scenarios.

1. Passenger Injury: When a passenger in an Uber or Lyft are injured due to the accident, they are entitled to compensation, either from the rideshare company’s insurance, the rideshare driver’s insurance or the third-party driver’s insurance. The determination of which coverage will be used will depend on who was the at-fault party. While company’s like Uber and Lyft require their drivers to carry their own insurance policies in order to work for them. Most insurance companies in Ohio however, do not cover accidents that occur during a rideshare. Rideshare company’s such as Uber and Lyft, in Ohio, will cover the damages for most rideshare accidents in which the passenger is injured. If the at-fault party is the third-party, their insurance company will be responsible for the damages.

2. Driver Injury: If a rideshare driver is injured in an accident while on the job, it is important to know when the accident took place in order to determine liability. If the driver is injured due to the fault of a third-party, their insurance will cover the auto accident damages. If the at-fault party is uninsured, the rideshare company’s insurance company may take over and pay for any damages at the time of the incident. In 2016, Ohio lawmakers clarified some questions on who would be liable if such an incident occurred. The new law states that any time a driver is logged in to a rideshare app, whether driving or on the way to pick up a passenger, or waiting for a job, the rideshare company’s insurance is responsible for covering motor vehicle accident damages.

3. Injured Third Party: Coverage for a car accident between a third party and a rideshare company, where they are at fault, their insurance would cover the damages. If the rideshare driver was at fault, depending on if the driver was off the clock, or logged in to the app, will depend on which insurance company will handle the damages. 

If you were involved in an auto accident, while working as a driver of a rideshare company, as a passenger of the rideshare company, or you were struck by the Uber or Lyft driver, you may be entitled to compensation.  Contact us today at Karp Steiger.  Personal Injury lawyers and Workers’ Compensation Attorneys.  https://ksohio.com/case-types/car-accidents/; https://ksohio.com/case-types/workers-compensation/;  https://ksohio.com/uber-and-lyft-drivers-2/; https://ksohio.com/contact-us/