Construction is one of the most dangerous professions in America. Falls, heavy equipment accidents, cave-ins and crushing accidents happen on a regular basis. These accidents can leave victims permanently scarred and unable to return to work. Many construction accidents are deadly.
While there are both state and federal regulations in place to protect workers, negligent employers and subcontractors, defective equipment and unforeseen disasters can still cause accidents. The Law Offices of Tim Misny can help plaintiffs hold parties responsible and recover compensation.
Here is an overview of your legal options after a construction accident.
Workers’ compensation is designed to compensate employees who suffer on-the-job injuries. It’s a no-fault system. Workers simply need to prove the extent of their injuries and that the accident happened on the job. If the claim is approved, an employee may receive benefits to cover medical expenses and lost wages.
Workers’ compensation benefits do not include damages like pain and suffering or punitive damages.
Intentional tort lawsuits
Typically, an employee is not allowed to sue their employer for an on-the-job accident, unless an intentional tort was involved. These claims are very difficult to prove, since the employee is required to prove that the employer caused the harm on purpose.
Ohio law allows employees to sue employers under the following conditions:
- The employer either acted with intent to injure the employee, or had the belief that the injury was substantially certain to occur. Substantially certain means with “deliberate intent to cause an employee to suffer an injury, a disease, a condition, or death,” or
- “Deliberate removal by an employer of an equipment safety guard or deliberate misrepresentation of a toxic or hazardous substance,” which creates a rebuttable presumption that removal or misrepresentation was intentional, if injury or occupational disease results.
Personal injury third-party claims
Finally, an employee can sue a negligent third party. For example, if defective equipment caused the accident, workers can file suit against the manufacturer. Similarly, a worker can sue a subcontractor, third-party driver and other non-employer parties.
The key to winning your case is to work with an experienced construction accident attorney. The Law Offices of Tim Misny can review your case and explain your legal options. Whether you qualify for a third-party, intentional tort or workers’ compensation claim, we’ll aggressively pursue compensation on your behalf. Call today for a consultation.
Consult an Ohio construction accident lawyer
The Law Offices of Tim Misny can help you with your construction accident case. When you’re the victim of negligence, recklessness or intentional torts, I’ll Make Them Pay!® Call my office at (800) 556-4769 so that I can evaluate your case right away.