A work injury leads to a lawsuit instead of, or in addition to, workers’ compensation in Ohio if your employer acted with deliberate intent to cause harm or a third party, such as another driver or manufacturer of a defective product, caused your work-related injury. Workers’ compensation may not fully cover your losses, such as non-economic damages. A lawsuit may offer greater damages. Therefore, understanding workers’ compensation vs. a lawsuit and when a work injury leads to a lawsuit instead of workers’ compensation is crucial.
The experienced Cincinnati work injury attorneys at Young, Reverman & Bolotin can evaluate your case and clarify the options available to you. Call 513-400-0000 for a free consultation.
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When Can You Sue for a Work Injury Instead of Filing a Workers’ Compensation Claim?
You can sue for a work injury instead of, or in addition to, filing a workers’ compensation claim if your employer intentionally causes harm or a third party caused your injury.
Suing an Employer
Workers’ compensation is typically an exclusive remedy for work-related injuries. Based on how workers’ compensation works, you can receive benefits for your injuries regardless of fault, but in exchange, you typically can’t sue your employer for the injuries. However, Ohio law allows you to sue your employer for a work injury if your employer acted with deliberate intent to harm or the knowledge that the injury was bound to happen.
Proving an employer’s purposeful intent to harm is possible but often challenging. Even when you can’t file a lawsuit against your employer, you may be entitled to additional compensation if your employer violated a specific safety requirement, leading to your injury. A workers’ compensation VSSR (Violation of Specific Safety Requirement) benefit could result in an additional award of 15-50% of the maximum allowable workers’ comp rate.
Suing a Third Party
You can sue a negligent driver, property owner, product manufacturer, or other third party if that party is partly or wholly to blame for your work-related injury. In such cases, you can file a workers’ compensation claim as well as pursue a personal injury claim against the negligent third party.
An Ohio workers’ compensation lawyer can advise you on your rights and options regarding filing a personal injury lawsuit for a workplace injury.
What Types of Work Injuries Allow You to File a Lawsuit Against an Employer or Third Party?
Injuries that allow you to file a lawsuit against an employer or third party include an employer’s intentional torts, construction-related injuries, machinery-related injuries, toxic exposures, injuries on property owned by a third party, and motor vehicle accidents. In 2023, private industry employers in Ohio reported 84,800 nonfatal work injuries and illnesses.
Employer Intentional Torts
Intentional torts involve a person or entity causing harm to another individual on purpose. Examples include assault, battery, false imprisonment, fraud, and defamation. Ohio law creates a rebuttable presumption that your employer intended to injure you if they deliberately removed a safety guard from work equipment or misrepresented a toxic or hazardous substance.
Construction-Related Injuries
Construction sites often have multiple non-employer parties. You can file a lawsuit against a property owner, architect, crane operator, engineering firm, subcontractor, or any party responsible for the construction accident.
Machinery-Related Injuries
If you were injured by a defective machine or equipment, you could file a product liability lawsuit against the equipment manufacturer.
Toxic Exposures
Injuries resulting from exposure to toxic substances at work could lead to lawsuits against manufacturers of the toxic substance and products that allowed the exposure to the substance.
Injuries on Property Not Owned by Your Employer
Injuries on third-party premises due to unsafe conditions while carrying out your work duties could provide grounds for a premises liability claim against the negligent property owner.
Motor Vehicle Accidents
If you were involved in a car crash while performing your job duties, you could file a personal injury lawsuit against the negligent driver.
How Does a Work Injury Lawsuit Differ From a Workers’ Compensation Claim?
The main differences between work injury lawsuits and workers’ compensation claims include workers’ compensation being a no-fault system, a work injury lawsuit providing non-economic damages, and the deadlines.
Fault
As long as you meet the requirements for workers’ comp eligibility, you can receive damages without having to prove fault. On the contrary, a work injury lawsuit requires proof of fault to recover damages.
Deadlines
In Ohio, you have one year from the injury date to initiate a workers’ compensation claim. In most cases, you have two years from the injury date to file a personal injury claim.
Damages Covered
Workers’ compensation covers only economic damages, including medical bills and a portion of lost income. On the other hand, a personal injury lawsuit can provide compensation for your full medical expenses, lost wages, out-of-pocket costs, and non-economic damages for your pain and suffering, emotional distress, and other non-financial losses.
For further assistance in determining whether you have grounds for filing a personal injury claim for your work-related injury, contact us at Young, Reverman & Bolotin. Our firm has helped injured workers and their families secure the maximum compensation available for their losses in Cincinnati for more than five decades.
When Does a Work Injury Lead to a Lawsuit Instead of Workers’ Compensation FAQs
When Can an Injured Worker Sue Instead of Filing for Workers’ Compensation?
A person who has been injured at work can sue instead of, or in addition to, filing for workers’ compensation if the injury is caused by the negligence of a third party or the employer intentionally harms the worker.
Can I Sue My Employer for a Work-Related Injury?
You can sue your employer for a work-related injury if the employer intentionally caused the injury.
Do I Need a Lawyer to File a Work Injury Lawsuit?
It’s not mandatory to have a lawyer to file a work injury lawsuit or workers’ compensation claim. However, having a work injury lawyer helps you navigate complex legal processes, avoid common pitfalls, increase your chances of a successful claim or lawsuit, and ensure you receive fair compensation.
