After a workplace injury, many employees wonder what their rights are—and whether they can hold their employer accountable while also collecting workers’ compensation. In Ohio, the answer depends on the circumstances of your case. The best thing you can do is talk with an Ohio workers’ compensation attorney about your situation.
Workers’ Compensation Is Usually the Only Remedy
In most cases, Ohio workers’ compensation is considered a “no-fault” system. That means you can receive benefits like medical care and lost wages without having to prove your employer did anything wrong.
However, this also means you generally can’t sue your employer directly for additional damages, like pain and suffering. This is known as “employer immunity.” Filing a workers’ comp claim typically bars you from bringing a separate personal injury lawsuit—unless specific exceptions apply.
When You Can Sue Your Employer
Ohio law does allow injured workers to sue their employers in limited situations, known as “intentional tort” cases. These are cases where the employer’s actions were so reckless or dangerous that injury was almost guaranteed—and they went ahead anyway.
For example, if your employer knowingly removed safety guards from heavy machinery or forced you to work in clearly hazardous conditions, that may cross the line from negligence into intentional harm. In those cases, you may be able to file both a workers’ compensation claim and a lawsuit against your employer.
You May Have a Claim Against Third Parties
Even if you can’t sue your employer directly, you might have a case against a third party who contributed to your injury. This could include subcontractors, equipment manufacturers, or property owners. These personal injury lawsuits can help you recover damages beyond what workers’ comp provides—including compensation for pain and suffering or diminished quality of life.
Know Your Legal Options After a Workplace Injury
If you were injured at work, don’t assume you’re limited to workers’ comp benefits. The law includes exceptions that may allow you to hold your employer—or other responsible parties—fully accountable. But these cases are complex, and deadlines move fast. Protect your rights and explore all your legal options with help from an experienced attorney.
The Law Offices of Tim Misny can help you explore every legal option after a workplace injury. When you’re the victim of negligence or recklessness, I’ll Make Them Pay!® Call my office at (877) 944-4373 so I can evaluate your case right away.
