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I’ve been laid off due to the coronavirus, should I file for workers comp benefits or unemployment?

Laid off due to coronavirus: Workers Comp Benefits or Unemployment

In light of the coronavirus, a significant portion of the population in Ohio has been laid off or furloughed. First it was restaurants and bars, then barbershops and gyms, then Governor Dewine issued an executive order that closed all non-essential businesses. Governor Dewine issued an executive that expanded those who may be entitled to unemployment benefits to include those who have been laid off due to the coronavirus. You can read that executive order here.

Work Capacity

If your a worker who was laid off, the first question I will ask is what is your work capacity? If you had been certified temporary and totally disabled by your BWC physician of record ( POR ) in a medco-14 then you will NOT be entitled to file for unemployment, you will be limited to only being able to file for temporary total disability through your workers comp claim.

However if you had been working with restrictions certified in a medco-14 by your POR and you were laid off due to the coronavirus, you would be entitled to file for both unemployment and temporary total disability compensation. Why? Your employer is no longer able to accommodate your work restrictions, they’ve laid you off.

Pros and Cons of Unemployment versus Workers Comp

Probably the biggest advantage of applying for unemployment is that it will likely start to be paid quicker than workers comp benefits. If you apply for temporary total disability you will need to submit a C-84 form. The Ohio Bureau of Workers Compensation will need to process this request. The BWC may require that a nurse review the request to determine whether temporary total disability should be paid. They will then issue a BWC order indicating ttd should be paid. Your employer can then appeal this order.

If the order is appealed it will then be referred to a hearing before the Industrial Commission. The IC will docket it for a hearing. The hearing officer may or may not authorize the payment of ttd comp. All told, two to three months may go by before you have your hearing.

Now if you are receiving unemployment benefits and you subsequently receive temporary total disability compensation as well, you will not get both ttd comp and unemployment. The amount of ttd benefits you receive, will be offset by the amount unemployment benefits you receive. For example if you would have received $100 in temporary total disability compensation each week, but you are receiving $80 in unemployment benefits each week, you will only receive $20 in workers compensation benefits.

Now a final thing to consider is the following. Unemployment benefits are considered taxable income. Workers compensation benefits and workers compensation settlements are not taxable income, so you do not file state or federal income taxes on the workers comp benefits you receive.

If you have any further questions or concerns regarding this particular issue, unemployment benefits versus workers compensation please email or call Attorney Kip, Doug or Ben at the Malek Lawfirm.



Top Ten Workers Comp Best Practices in 2020

Top Ten Workers Comp Best Practices in 2020

This list is helpful whether you have a work injury before or have not, whether you have a work injury lawyer or have not.

1.) Documentation

Go to a medical professional, ER/Urgent Care/Primary Care Physician/Minute Clinic. Tell the doctors/nurses everything that is bothering you. Workers comp is all about documentation.

2.) Report

Let employer know about your injury. Tell your boss/supervisor/manager/HR that you have been injured. Send them an email, send them a text. Insist they write an accident report.

3.) Avoid NO CALL, NO SHOW

If you miss work, call your employer/HR everyday that you will not be in to work. Be aware of the common 3 strikes you are out policy. That is most companies have a 3 No Calls/No Show policy whereby you are terminated if you violate the policy. This can have a significant impact if you are receiving/wish to receive comp.

4.) Mail

Check your mail everyday. You will be getting very important letters from the BWC that may need to be appealed. If they are not appealed in time you may be screwed. If you move let the BWC, Industrial Commission, your attorney know your new address.

5.) Industrial Commission Hearings

If you receive a notice to attend a hearing, attend the hearing. Get to your hearing 30 minutes early. If your hearing is scheduled at 9AM it may be called anytime between 9AM and 9:40 AM. If your hearing is called at 9:00 AM and you arrive at 9:05 AM. It may be too late, most hearings are pretty quick. Depending on what IC you hearing is scheduled, their may be traffic. Again better to be early and bored waiting for your hearing, than late.

6.) Medical Bills

If you have a medical bill related to your claim, that bill must be submitted within a year of the date of service of the bill. So if you have a bill from January 10, 2019, it must be submitted by January 9, 2019.

7.) Wage Rate

Check your average weekly wage and full weekly wage. If you don’t know what these are, figure it out. Super important. If they seem low, they probably are low and need to be adjusted.

8.) ICON and BWC

Create an account on the Industrial Commission website ICON, and the BWC’s website. That way you can see all the correspondences and medical records, etc. related to your workers comp claim.

9.) Elevator Pitch

Be able to explain how you got injured at work in a clear, concise, and consistent way. Make an “elevator pitch” for your claim. This is particularly true of explaining your injury at a hearing. Hearing officers hear 100-1000’s of hearings every year. Also be consistent. Don’t come up with a different mechanism of injury at the hearing.

10.) Attorney

Get an attorney. Goes without saying this workers comp nonsense is unnecessarily complicated. You’ll save yourself time, money, and tears if you get a work injury lawyer. Malek & Malek are the best work injury lawyer in Ohio. We’ve represented 1000’s of clients, and recovered millions of dollars for those clients. Contact us today for a free consultation!

Understanding Workers Comp and the Going and Coming Rule

Workers Comp and the Going and Coming Rule

Workers Comp Attorney Kip Malek discusses the Going and Coming Rule in this video. But essentially the going and coming rule may apply to your situation if you get a worker injury on the road or at any location that isn’t your customary place of employment. The effect to you, is that if the going and coming rule is implicated in your factual situation, then your claim will be denied as a workers comp claim.

The case law that Kip discusses in the video is broken down in a more comprehensive manner below. Bottomline is if you are looking for the best workers comp attorney in Columbus, Ohio call Malek & Malek Law Firm and let one our attorneys help you navigate the workers compensation system for you. The going and coming rule is just one of the complicated legal rules that may come up in your case.

We offer a free consultation and there is no obligation that you sign with us as your attorney following this consultation. If you want the best workers comp attorney in Columbus give us a call or contact us today

Going and Coming Case Law

Fisher v. Mayfield, 49 Ohio St.3d 175, 1990

Claimant’s injuries must have both

        1.  been sustained “in the course of employment”: time, place and circumstances of the injury
        2. “arising out of employment”: whether there is a casual connect between the injury and the employment. à apply Lord v. Daughtery “totality of the circumstances test”

Ruckman v. Cubby Drilling, 81 117, 1998

Fixed-Situs Test to determine whether the “Going and Coming” rules applies:

Focus is on whether the employee commences his substantial employment duties only after arriving at a specific and identifiable work place designated by his employer

The focus remains the same even though the employee may be reassigned to a different work place month, weekly, or even daily.

Despite periodic relocation of job sites, each particular job site may constitute a fixed place of employment

SPECIAL HAZARD RULE: If an employee’s injury occurs in the course of employment, yet fails the Lord Three part test for causation

A fixed situs employee may nevertheless demonstrate the required causal connection between employment and injury under the special hazard rule of causation

APPLICATION in CUBBY: Unlike typical fixed-situs employee, Cubby riggers did not know the location of future assignments, and it was impossible to fix their commute in relation to these remote work sites

HOLDING: fixed situs employees are entitled to workers’ compensation benefits for injuries while coming and going from or to his place of employment where the travel serves a function of the employer’s business and creates a risk that is distinctive in nature from or quantitatively greater than risks common to the public

When applying the Lord test the enumerated factors are not intended to be exhaustive and the totality of the circumstance may continue to evolve

Workers compensation cases are to a large extent very fact specific

As such no one test or analysis can be said to apply to each and every factual possibility

MTD Prods., Inc., 61 Ohio.St.3d 66, 1991

Exceptions to the fixed-situs “Going and Coming” rule:

        1.  injury occurred within the “zone of employment”
        2. injury was sustained because of a “special hazard” created by the employment
        3. the “totality of the circumstances” surrounding the accident creates a causal connection between the injury and the employment

Lord v. Daughtery, 61 Ohio St.2d 441, 1981

“Totality of the Circumstances Test”

1.) Proximity of the scene of the accident to the place of employment

2.) degree of control the employer had over the scene of the accident

3.) benefit the employer received from the injured employee’s presence at the scene of the accident

Lippolt, 2008-Ohio-5070, Tenth District

Facts: claimant was regional manager, job required him to visit stores selling employers products. On the road. Was injured walking in the parking lot of motel. Found that totality of circumstances

“Traveling Employee” Doctrine

Persons employed as salesmen, servicemen, or insurance adjusters have no fixed place of employment, their place of employment is the area they service, the very nature of their employment requires them to go from place to place over the public highways, and the traveling to each place to work is necessarily in the course of their employment

Personal Errand

“an employee remains in the course of employment when traveling in connection with her or her employment except when the employee is on a personal errand”

Page 5: Ohio S. Ct has recognized that an employee’s commute to a fixed work site normally bears no meaningful relationship to his employment contract and serves no purposes of the employer’s business,

The general rule does not apply to an employee who travels to the premises owned by the employer’s customer -Ruckman — >this applies to the Arising Out of Component

Cossin, 2012-Ohio-5664, Tenth District: “When the nature of an employee’s work requires him to travel from place to place, he is not a fixed-situs employee.”

To the extent claimant had a “place of employment” that place was in the homes of potential customers the company assigned him to visit and on the roads he was obligated by his employment to traverse to arrive at and return from those home

He was not on a personal errand that cause him to detour from that direct route, nor was he engaged in an activity that was a “highly personal act”

Ex. slipping on the bathroom floor of his hotel room after taking a shower

OSHS benefited from claimant’s presence on public roads and highways

Its business was dependent upon in-person examinations of the basements of potential customers

Those examinations could only be performed by employees who traveled to them

Bonedry Waterproofing, 2016-Ohio-3341, tenth District

      • Facts: Day off, had brother with him, went to job headquarters to pick up paycheck
      • Employer told claimant that there were three jobs for him, claimant drove back home to pick up paintbrushes, got in an accident on the way
      • Did not need to store paint brushes at his house, only did so for his convenience, could have picked them up from the store and been re-imbursed or driven to bone dry to pick up paintbrushes
      • Storing paint brushes at his home was not part of his “substantial employment duties” when examining the employees duties as a whole , he commences his substantial employment duties only when he arrives at the job site
      • Dissent felt that trial erred in granting summary judgment, a trier of fact could determine that claimant could be determined to not be found a fixed-situs employee
      • Furthermore, even if fixed-situs, trier of fact could determine that consistent with ruckman traveling to the premise of a customer of the employer generally serves a purpose of the employer’s business


Gwendolyn v. Cambridge Home Health Care, 2009-Ohio-2842, Firth District

Facts: home health aide, after visiting first patient’s house, head to house of second patient, stopped to pickup a sandwich, three miles from first patient’s house involved in MVA

-Found under totality of circumstances test not applicable

Employer exercised no control over scene of accident/employee’s presence at the scene of accident served no benefit to the employer


“while it is clear the employer had no control over the scene of the accident, it seems equally clear to me the employer the employer does benefit by the IW’s ability to travel from one client to another in the same workday

Claimant was injured in a pursuit or undertaking consistent with her contract of hire which in some logical manner pertains to or is incidental to her employment


Doug Malek, Ohio Workers Comp Attorney

Doug Malek an Ohio workers comp attorney at Malek & Malek Law firm and my brother, is a great lawyer, who deeply cares about his clients. But what most people don’t know about Doug is that he has an uncanny ability of chancing upon creatures around the Malek & Malek Law Firm.

Case in point, this past Friday Doug knocks on my door, “hey look at what I saw out in the back.” He then precedes to show me a picture of some kind of hawk. (maybe a cooper’s hawk, maybe not). “Where Doug?”, “Right outside near the fence.” Then he presents a video of the hawk hopping on the ground. I pop out on the second story patio which looks out at the back of our office, and try to find the hawk but sadly it had gone. If you would like to see Doug’s video of the hawk click here.

Go back a year ago, Spring 2018. “Look at what I found walking around the front porch of our office.” Look at Doug’s phone, a baby ground hog walking about the patio. It turns out there were actually two of these little guys. So a little background. There was an adult groundhog that took up residence in a neighbor’s garage shed, and under our patio via two groundhog sized “doors.” This adult ground hog would pull off jump scares when someone happened to walk through our front door when is was near the patio.

I imagine the ground hog said something like this in its head, “oh s&%$!, HUMANS!!, RUN!” But yeah, it would also inevitably startle us humans as well. I presume that that adult groundhog was the mother or father of the baby groundhogs. The one who found them was Doug. First, and only time I have every seen a baby groundhog. Super cute, I hope that they survived, but who knows. We haven’t seen them since

Anyways I was looking through boxes of old stuff in my garage, and i chanced upon some old photos from a family trip to Florida back in the early 90’s. At one point during a particular trip, sea turtles went onto the shore to lay their eggs. I’m not sure if Doug was the one who clued in to everyone that the sea turtles were coming, but I wouldn’t be surprised. Did Doug have any inkling at that time that he would be an Ohio workers comp attorney at that time?

sea turtle
Doug Malek, circa 90’s looking at a sea turtle in Palm Beach, Florida

At Malek & Malek Law Firm, Doug Malek, Jim Malek, Ed Malek, Ben Churchill, and myself care and work compassionately and aggressively to protect every injured worker we represent. I think at some base level the animals can sense the “goodness” in both Doug and our law firm, and that’s why they come. Maybe not, maybe its completely by chance. Still its super cool to have a seen not one, but two baby groundhogs. We may not be crocodile hunters, but we are great Ohio workers comp attorneys and our goal is always to protect the injured worker and his or her family via the Ohio BWC system.

Appealing Denied Medical Treatment Through the Ohio BWC

A common task that Malek & Malek performs on behalf of our clients is appealing denied medical treatment through the Ohio BWC. I’ve created a youtube video which walks through this process in a step-by-step manner which you can find by click here . But the bottomline is that anytime that your doctor requests treatment is that they must do so through a document called a C9.

Whereas if you had personal insurance, your doctor would refer you to a surgical referral. First you would check, “is this surgeon in my network.” If he is, go to him, if not have your doctor refer you to another surgeon within your network. You show up for the appointment, hand them your insurance card, pay whatever co-pay you may have, then get seen by the surgeon. The time between the referral and seeing the doctor most likely is constrained by the availability of the surgeon to see you.

Contrast this with the BWC claims process. Your BWC POR (physician of record), first has to submit a request for a surgical consult through the C9. The MCO (managed care organization) reviews that request and either authorizes, denies, or pends the treatment. If the treatment is denied, there’s multiple steps you must take before the denied treatment ultimately is heard by a hearing office at the Ohio Industrial Commission.

The time delay between when the treatment is denied and when you have had your IC Hearing can be anywhere from a month to eight months. That is the BWC process. Its frustrating, and if you do something wrong, that time delay can be even greater.

For these reasons we highly recommend you contact a workers comp attorney to handle the process of appealing denied medical treatment on your behalf. It likes I mention constantly, to a mechanic fixing an engine is easy, for everybody else might as well be rocket science. Likewise to a workers comp attorney we appeal denied treatment nearly everyday, but to a lay person it can be very complex, full of pitfalls.


Work Accident: A Surprise You Didn’t Ask For!

Kip’s Fractured Arm

This is Kip Malek, a workers comp attorney at Malek & Malek. I have had the misfortune of injuring my right upper arm on July 10, 2019. It was not a work accident, it was a stupid, avoidable gym accident. The point was that it was completely unexpected. So what happened?

I had pain in my right upper arm when I would bench press throughout the month of April and May. The pain was such that after a certain number of reps I would be nearly brought to tears. I stopped benching in May to allow whatever was wrong to heal. I focused on strengthening my shoulders. On July 10 I felt enough time had passed and I thought “lets see if I still have pain benching.”

I repped the bar a few times. Added plates, repped 135 eight times. No pain. Repped  225, no pain. Added 20 pounds, repped 245, once, twice, on the third rep, I heard a crack, lost all strength in my right arm. Bar crashed down to the right. I set the left side of the on the ground. Gathered my things walked down to the ER. ( I go the gym on Grant’s ninth floor ).

I’ve had two MRIs, two Xrays, have been sleeping upright in a chair. I fractured my upper arm bone. Tomorrow Dr. Dimitris, a great doctor with Orthopedic One, will perform surgery binding the fractured bones together with hardware. Everything will turn out fine.

A Work Injury is A Surprise You Didn’t Ask For

My injury was because my own stupidity. Beside the pain and discomfort of walking around with a fracture, my job is mostly sedentary. I can continue working.

What about you, you got hurt working. You didn’t ask to be hurt. You didn’t ask to fall off a ladder, or hurt your lower back lifting a heavy box, you cut a finger off using a piece of machinery. It sucks, you can’t work. You can’t make rent, can’t make your car payment. Maybe you’ll never be able to return to your job.

Bottomline is your life has changed immeasurably. Fracturing my arm sucks, I’ll probably never be able to bench press again. But everything has a silver lining. I have tasted some of the reality faced by injured workers. It has re-invigorated me to fight tooth and nail on behalf of injured workers.

If you have had a work accident and don’t know what to do, where to go, or who to talked please reach out to me, Doug Malek, Ben Churchill, James Malek, and Malek. We will help you.



If you want to learn more, click on this link to watch a video where I talk about my fractured arm:




Workers Comp: How to Testify in a Hearing


As an attorney I go to multiple hearings nearly everyday at the Industrial Commission. The majority of the issues at these hearings involve either the allowance of the claim, an additional condition, or treatment/medication. At the hearing there will either be a District Hearing officer(if it is the first hearing or a Staff Hearing Office. Your attorney will be at the hearing, and either an attorney or third party administrator will be present on behalf of the employer.

I think the tendency for the injured worker at these hearings is to feel as if they are  “guilty” or that they have done something wrong. Let me tell you that you have not done anything wrong. You did not choose to become injured, what happened happened. Therefore when I or your attorney asks to describe how you got hurt, please describe how you were hurt in a matter of fact, understated manner.

Exaggerating or overstating how you were injured will not add spice to your testimony. You want to be consistent in how you describe the manner in which you were injured. So if your injury involved lifting a box in one singular event, you do not want to then qualify that you had pain for months. Inconsistency will kill your claim.

What you must never do at a hearing is lie. Never, ever lie at a hearing. The hearing officers have heard thousands of individuals testify at hearings. Their lie detecting skills are sharpened to an almost supernatural degree. If you lie, your claim will be denied.

At the Industrial Commission hearing tell the truth, be consistent, testify in a matter-of-fact manner. If the facts are on your side, you will have a good chance your claim will be allowed, or your comp will be granted, or your treatment will be authorized.


A thing that we encounter all too often is an injured worker who went to a hearing without either hiring an attorney or at the very least consulting one. Most people likely will never have had a work injury in their life. This whole BWC thing is new and bewildering. I think the misconception is that all you have to do is file a claim and then your claim will be allowed. But then the claim is not allowed. I think this topic merits multiple articles so I’m only going to address one here and now. But its a doozy.

No causal connection between the mechanism of injury and condition caused by that injury. What do I mean. When you go to an initial allowance hearing you will be asking that your work injury be allowed. And you are not just asking that “hey I was injured on December 1”, you are asking “I was injured on December 1, and I want my claim to be allowed for a lower back injury, specifically a lumbar sprain.”

Let me illustrate with an example. So assume on December 1, 2018 I was lifting boxes onto a conveyer belt. As I was lifting box number #200 I felt a sharp pain in my lower back. I finished out my shift. I went home, iced my lower back, took ibuprofen. The next day I called off sick and went to urgent care. At urgent care the attending doctor did an exam of my lower back. He poked, prodded, and had me do some different movements. He also took a history, basically a description of how I injured my back. Based upon his history and exam, he diagnosed me with a lumbar sprain.

To you and me, it seems pretty that the lifting of box #200 caused my lumbar sprain. The BWC will likely do a physician file review, and that physician may also connect the dots. But if the file review does not connect the dots, you will need a doctor to explicitly say and explain “the lumbar sprain was directly caused by Kip lifting box #200 at work, lifting a box from the ground in the manner described by Kip would likely result in a lumbar sprain.”

This is a pretty simple example. Frankly the BWC physician file review would probably find the connection for us. But I see problems arise where the mechanism of injury is not described or documented well in the initial ER or Urgent Care records, or the mechanism of injury described in one document is different from another document. In these cases we would likely go to the injured workers BWC doctor, present the various pieces of information, and ask the BWC doctor to express his expert medical opinion. The employer or BWC may have their own doctor’s expert medical opinion which contradicts our own, but without our doctor’s opinion connecting the mechanism of injury to the diagnosed conditions, the hearing is already lost before it begins.

Even if you are the nicest, most compelling, hardest working injured worker, and you bring the hearing officer to tears during your hearing, if you still do not have a connection between the mechanism of injury and the diagnosed condition, the hearing officer will have no other option but to deny your claim.

You receive the industrial commission order in the mail denying your claim. You freak out, and you decide to then get an attorney. Your attorney then has to scramble to communicate with your BWC doctors to get the supporting documentation.

So as always if you have a work injury and you are not sure what to do, call a workers comp attorney at Malek & Malek. We offer a free consultation, we would love to talk with you.

Ohio Dog Bite Laws, Includes Other Harms Caused By Dogs

Ohio Dog Bite Laws Provides relief Not Just for Dog Bites but Other Harms caused By Dogs

Most people love dogs and what’s not to love: they’re cute, fluffy, and loyal. They’re our friends and our children. But dogs are animals which were domesticated by our ancestors through thousands of years. Yet through all this time dogs still retain instincts that were used to survive by their wild forebears. Its these residual instincts that often give rise to dog bites, and dog attacks.

So in Ohio what happens when a dog harms you or your loved one. And I use the word harm on purpose. A dog can cause injury or harm in other manners beyond simply biting or mauling someone. As a kid our family consecutively had three golden retrievers: Major, Raider, and Bailey. One dog would die and we would get another dog. Oddly the dogs became nice, and friendlier from one dog to the next, whereby Bailey was possibly the nicest, friendliest dog one could encounter.

Examples of Harms Not Involving a Dog Bite or Attack

That being said Bailey loved to jump on to people. It was a nefarious mean attack thing, it was “hey guys I’m so darn excited to see you, I’m going crazy to meet, let me slobber on your face, YEAHH!!” He was super friendly this way. If he jumped on a healthy adult, great, no problem, unless he’s got muddy paws then it sucks. But imagine if he jumped on our grandma who was about as infirm as one could get. It could be devastating if she were to fall and break her hip. Could be a death sentence.

So instead of a traditional, stereotypical mauling by a pitbull, we have a super friendly golden retriever causing the death of an elderly grandma by way of an overly enthusiastic hello.

Another example of harm not involving a dog bite, imagine your eight year-old son or daughter is biking on the sidewalk to his/her friends house down the block. Half-way to the their friends house they pass the fancy house with the two-car garage. Racing down the drive is a land shark, a ferocious poodle. Your child either frightened or trying to avoid the doggy, veers to the left, goes into the grass, looses control the bike and crashes. Now the poodle is no one’s image of a “dog bite dog” but he still caused harm, i.e. he chased after the bike which approximately lead to your kid break his arm.

Jim Malek goes into more detail about the specific laws and statutes which you may be able to recover for your dog bite in a video found by clicking the image below:


jim malek explaining dog harms
Jim explains Dog Harms



Slip and fall, Work Injury?

Hello, I had previously put a pic of palm trees as the head image because, we are in Ohio and it was freezing out. For me growing up in Ohio, seeing Palm trees was always this exotic thing. Indication to me that I was someplace “warm.” As a kid we’d always take these trips every summer to Florida. We didn’t fly, we drove. So to me the first indication that we were finally in Florida were the first palm trees.

Later in life I moved to Northern California. And I always thought “I am living someplace with palm trees, I’ve arrived.” Then I moved back to Ohio. Until global warming catches up, burns the rest of the world, and turns Ohio into a tropical paradise on the Great Lakes, I have to settle for pictures of palm trees.

I’m a Columbus workers compensation attorney not a landscape designer ( I did work as a character artist in my former life ) , so you’re reading for info about Ohio work injury claims, not about palm trees. So its Winter, yeah its cold! As a human being and a worker in Ohio what is the big thing we have to worry about in the winter? Slipping on ice and landing on our sassafras.

Slip and Fall Work Injury During the Winter

Okay so if you slip on snow or ice at work is this a work injury, do I need a workers comp attorney  Columbus Ohio? You might think, “hey I clocked out for the day and slipped in the parking lot next to my work, surely this is not a Ohio workers compensation injury?” Oh but it is my friend. Lets break it down.

Okay, first even if you are not clocked in at work, are you walking to work, or walking from work. Are you at or in the vicinity of work for the benefit of your employer. If you’re walking to your place of employment to work, whether that’s an Amazon warehouse, or a construction site, or a law office, you are doing so to the benefit of your employer. Does not matter whether or not you have clocked in.

Now is the sidewalk or parking lot you have slipped on either owned or under the manner or means of control of your employer? For example, we do not own the parking lot next to our office. However we pay money to use the parking lot. So we don’t own it, but to the extent that we pay rent to use it, if I or one of my fellow employees slips and falls on the ice and sustains an injury I would have a workers comp claim. We don’t own it, but we pay rent, that money is used to plow the snow on the parking lot and keep it lit etc. If we see a problem, we talk to the person who does own the parking lot. He fixes whatever we are asking about.

Now if one of our employees for whatever reason decides to park in the dry cleaners parking lot. We neither own that or have any control over that parking lot. We do not direct our to park in that parking lot. So if one of our employees, parked there, slipped in that parking lot, sustained an injury, no workers comp claim.

Simple rule of thumb, is if the parking lot is next to, or close to your place of business. And if that is the place where your fellow employees park, then that parking lot is probably either owned or under the manner and means of your employer.

Pretty simple, pretty straight forward.

Be careful, watch where you step, don’t slip on the ice, come to a workers comp attorney columbus ohio at Malek & Malek we’ll help you get compensation and medical bills paid for your work injury.




Even a Family Dog Can Commit a Dog Bite

A dog can be a great pet but always be vigilant especially around children. Its pretty scary when you search for ohio dog bite or ohio dog attack and you get a bunch of news hits involving children. If you or your loved one is the victim of a dog bite or dog attack, please contact the aggressive, compassionate attorneys at Malek & Malek.

I had three golden retrievers growing up as a child: Major, Raider, and Bailey. A Golden retriever is a notoriously family friendly dog however despite that our dogs still had their bad sides. For example Bailey was probably the most friendly, gentle of the three goldens. I tend to think if you can muck about with a dog’s food bowl without that dog growling, you have a disciplined, gentle dog. And Bailey you could take the food bowl, you could push him away from the food bowl, etc, he would not bite you.

But god forbid you prevent Bailey from getting leftover bones from someone’s trash.  He would growl, he would snap, he would get mean. Fortunately he never bit me. I actually think he may have bit my older brother Jim at one time. Anyways Bailey would get to the thrown out bones, and unfortunately those bones would act as a super laxative for Bailey. A lot of gross cleans up would ensue.

Child bitten by dog while playing catch with a friend:

Dog injury involving a 4 year old child in Cincinnati:

Yikes! Ohio Ranks Third in Dog Bite Claims

Six year old boy in Dayton almost lost his eye in dog bite incident:

Dog involved in four attacks: