When Can You Sue for an Injury at Work in Ohio?

For injured workers, filing a successful claim can be essential for avoiding serious financial consequences. Not only can the costs of treating work-related injuries add up quickly, but if you are unable to work due to your injury, your other bills could begin adding up as well. While filing a claim often means filing for workers’ compensation benefits, injured workers can sue for their injuries in some cases as well. Learn more from an experienced Columbus personal injury attorney:

Filing a Workers’ Compensation Claim vs. Filing a Personal Injury Lawsuit

When you are dealing with a work-related injury, it is important to ensure that you have a clear understanding of your legal rights. Many injured workers find themselves in debt because they failed to assert their legal rights—and this is a costly mistake that you can (and should) avoid.

Injured workers in Ohio have two primary options for seeking to recover the costs of a work-related injury: (i) filing a workers’ compensation claim; and (ii) filing a personal injury lawsuit. Which one should you file? Can you file both? Here’s what you need to know:

When You Can File for Workers’ Compensation in Ohio

Workers’ compensation covers certain work-related injury costs on a “no-fault” basis. This means that, if you are eligible to file a workers’ compensation claim, you do not need to prove fault in order to collect benefits. There are three basic eligibility criteria for filing a workers’ compensation claim in Ohio:

• You Are an Employee – As a general rule, workers’ compensation benefits are available to employees, and not independent contractors.
• You Were Injured Within the Scope of Your Employment – To file a workers’ compensation claim, you must be able to prove that you were injured within the scope of your employment.
• You Still Have Time to File for Benefits – Strict deadlines apply to workers’ compensation claims in Ohio, and you must file your claim before you run out of time.

If you are eligible for workers’ compensation and you file your claim on time, you can seek benefits to cover your medical bills and up to two-thirds of your lost wages if you are unable to work. However, you may be facing a variety of other losses as well—and this makes it important to find out if you have grounds to file a personal injury lawsuit.

When You Can File a Personal Injury Lawsuit for a Work-Related Injury

If you have grounds to file a personal injury lawsuit, you can seek just compensation for all of the costs resulting from your work-related injury. This includes not only your full medical bills and lost wages, but also other out-of-pocket costs, pain and suffering, and other non-financial losses as well.

Unlike filing a workers’ compensation claim, filing a personal injury claim for a work-related injury does require proof of fault. Additionally, employers that comply with Ohio’s workers’ compensation laws are generally immune from employees’ personal injury lawsuits. But, injured employees can still file personal injury claims against property owners, product manufacturers, negligent drivers, and a variety of other parties. As a result, it will often be possible to file a personal injury claim in cases involving:  

Building Failures and Collapses

Building failures and collapses can leave construction workers and other individuals facing serious injuries and long roads to recovery. If you were injured because a floor or ceiling fell through, a building’s structural integrity was compromised, or an entire building collapsed, you may have a personal injury claim against the building’s owner, an architecture or engineering firm, or any of a variety of other parties.

Other Premises-Related Accidents

Along with building failures and collapses, other premises-related accidents can provide clear grounds for injured workers to file personal injury lawsuits in many cases as well. This includes everything from accidents resulting in electrocution to elevator and escalator malfunctions.

Tool, Equipment, and Other Product-Related Accidents

All types of product manufacturers can be held liable for selling dangerous and defective products. This includes hand tools, power tools, medical equipment, industrial equipment, racks and shelves, office furniture, vehicle components, and any other products you may encounter in the workplace. If you suffered an injury related to a product failure or malfunction at work, you should talk to a Columbus personal injury attorney about your legal rights promptly.

Forklift and Heavy Machinery Accidents

Forklift and heavy machinery accidents will frequently provide grounds for injured workers to pursue personal injury claims as well. This includes claims based on product defects and claims based on negligent operation and maintenance.

Vehicle Collisions During Work Hours

Vehicle collisions are a common cause of work-related injuries. When you get injured in a vehicle collision while working, you can file a claim just as you would after a car, truck, or SUV accident during your own personal time. This means that you can seek to hold the at-fault driver (or his or her insurance company) fully accountable for your accident-related losses. If you got hit by a contractor’s truck on a job site, you may have grounds to file a personal injury lawsuit in this scenario as well.

Can You File a Workers’ Compensation Claim and a Personal Injury Claim?

Yes, in many cases, injured employees who have grounds to file a personal injury lawsuit will be able to file a workers’ compensation claim and a personal injury claim. Securing workers’ compensation benefits is often (though not always) a quicker process than pursuing a personal injury case, so you may be able to have your medical bills and a portion of your lost wages covered while your personal injury lawsuit is pending.

If your personal injury lawsuit is successful, you may be required to reimburse the workers’ compensation benefits you received. But, this will not reduce the total compensation you are entitled to recover, and your Columbus personal injury attorney will be able to assist you with this if necessary.

How Do You File a Personal Injury Claim for a Work-Related Injury?

Filing a personal injury claim for a work-related injury starts with investigating the cause of the accident—and this makes it important to hire an experienced Columbus personal injury attorney right away. If your attorney’s investigation reveals that you have grounds to file a personal injury lawsuit (either instead of or in addition to filing a claim for workers’ compensation benefits), your attorney will be able to file your lawsuit on your behalf.

How Long Do Personal Injury Lawsuits Take?

Resolving a personal injury lawsuit can take anywhere from several months to well over a year. The length of the process varies from case to case, and it largely depends on whether the liable party’s insurance company is willing to accept liability and negotiate in good faith.

But while filing a personal injury lawsuit can take time, it can also be well worth it in the end. If you have a personal injury claim for your work-related injury, you may be entitled to significantly more than you would be able to recover through a claim for workers’ compensation benefits.

Does It Cost Anything to Hire an Attorney to File a Personal Injury Lawsuit for a Work-Related Injury?

It does not cost anything out-of-pocket to hire an attorney to file a personal injury lawsuit for a work-related injury. This is because nearly all attorneys handle workers’ compensation claims and personal injury claims on a contingency-fee basis.

This means that you only pay if your claim is successful. If your attorney helps you obtain a settlement or verdict—or helps you obtain disputed benefits in a workers’ compensation case—your legal fees will be deducted from the amount your attorney helps you recover. If your claim is unsuccessful for any reason, you will owe nothing for your legal representation. There can be other costs involved in pursuing a personal injury claim as well (i.e., costs for investigators and expert witnesses), and your attorney will also cover these costs “on contingency.”

Which Claim (or Claims) Should You File?

With all of this in mind, which claim (or claims) should you file? The answer to this question depends on the specific circumstances of your case. If you are eligible for workers’ compensation, then you should file a claim for benefits. If you have grounds to file a personal injury claim, you should file a personal injury claim as well. Once you hire an experienced Columbus personal injury attorney to represent you, your attorney will be able to provide a comprehensive assessment of your legal rights and help you make informed decisions about your next steps.

Discuss Your Case with an Experienced Columbus Personal Injury Attorney for Free

Were you injured on the job in Ohio? If so, we strongly encourage you to contact us so that we can help you seek the full financial compensation you deserve. To discuss your case with an experienced Columbus personal injury attorney for free, please call 888-444-7440 or tell us how we can get in touch online today.