Nobody leaves for work with the expectation of suffering a devastating injury. While workplace accidents and injuries can happen in almost any job, some industries have higher rates of workplace injuries than others. For example, construction workers, garbage disposal workers, long-haul truck drivers, roofers, and others in similar professions may be at greater risk of sustaining a work-related injury.
When an injury does occur on the job, what options do you have? Your first impulse might be to file a lawsuit, but then you may be wondering: Is there a difference between workplace personal injury lawsuits and workers’ compensation claims? In short, the answer to that question is yes. Let me tell you more.
Many Workplace Accidents Cannot Result in a Personal Injury Lawsuit
Ohio workers’ compensation law allows injured workers to obtain compensation and benefits after they suffer a workplace injury. Yet you need to know that this is a “no-fault” system that provides an exclusive remedy in most situations.
In other words, if you get hurt on the job due to your own negligence, your employer’s negligence, or a co-worker’s negligence, you cannot get compensation by filing a lawsuit. Instead, your remedy will come through the workers’ compensation system. To be clear, the Ohio workers’ comp system is entirely distinct from personal injury law and the ability for an injured person to file a lawsuit against an at-fault party. However, there are some exceptions to this general rule.
Workplace Personal Injury Lawsuits May Be Possible When the Accident Occurred Out of an Intention to Harm
It may not happen too frequently, but if your employer did something (or failed to do something, such as to install a necessary safety device) with the intention of causing you harm, then you could be eligible to file a personal injury lawsuit.
I want to make sure you know that the workers’ compensation system was not designed to cover intentional harm or intentional bad acts. If someone acts in order to cause you harm and you do get hurt, I can discuss your options for filing a lawsuit. In such a situation, your employer could be liable for your injuries.
Beyond intentional harm, you can also be eligible to file a workplace accident lawsuit if a third party—meaning someone who is not your employer or a co-worker, for example—is at fault for your injuries. I can tell you more about third-party claims, and I can assess your case to determine whether a lawsuit may be a possibility.
Call Me to Get Help With Your Workplace Injury Claim
For years, I have been representing injured workers in a wide variety of workplace injury claims. I have decades of experience representing clients in workers’ compensation claims in Ohio, and I also know how important it can be to seek compensation by filing a lawsuit in certain circumstances.
While lawsuits are not always an option after a workplace injury, I will do everything I can to make sure you receive the financial compensation you need and deserve. Nobody should have to suffer the economic consequences of a devastating workplace injury. I’ll Make Them Pay!® Call me today at 877.944.4373 to discuss your workplace injury case and your options for seeking financial compensation.