Toledo Workers’ Compensation Lawyers
In Ohio, workers’ compensation law protects employers from being sued by employees who are injured at the workplace. In lieu of damages, injured parties are instead eligible to collect medical benefits and wage loss replacement regardless of who was at fault in the accident. There are, however, some situations where third parties can be held liable for injuries, even when they occur on the job, so if you were hurt at work and a third party was responsible, please contact a member of our Toledo workers’ compensation legal team today.
Filing a Personal Injury Claim Against a Negligent Third Party
Although injured employees are not permitted to file a personal injury claim against their employers, they can file suit against another third party whose negligent or reckless conduct caused the workplace accident that caused the worker’s injury. For instance, if an employee were to slip and fall on a wet floor, he or she would be barred from filing suit against the employer, but could potentially collect damages if the fall resulted from a lack of warning on the part of a third party cleaning crew.
Third parties whose negligence most often lead to workplace injuries include:
- Rental companies;
- Manufacturers and sellers of defective equipment;
- Project managers and site supervisors;
- Third-party drivers;
- Contractors and vendors;
- The owner of the property where the employee was injured; and
- Non-employers who are tasked with maintaining company equipment.
Construction Claims
Third-party liability for workplace injuries arises most often in the construction industry, where multiple individuals and companies, including contractors, roofers, electricians, and construction workers all work independently on the same site. One of the most common accidents involving third-party liability occurs when a worker sustains an injury after the scaffolding on which he or she was working collapses. In these cases, injured workers are often able to collect damages from the company that negligently constructed the scaffolding.
Collecting compensation for construction-related injuries is often crucial to the recovery of injured parties because, while workers’ compensation covers past and future medical expenses, it does not fully compensate injured workers for the time they are required to take off from work in order to recover. Furthermore, workers’ compensation benefits are often capped after a certain amount of time. Personal injury lawsuits also give injured workers the opportunity to collect damages for emotional distress and pain and suffering.
Subrogation
Even when an employee is able to recover damages from a negligent third party, the Bureau of Workers’ Compensation (BWC) is permitted to file a subrogation claim, in which it collects workers’ compensation funds that have already been distributed. However, subrogation is not always automatic, as employees can avoid being forced to give money back if they can demonstrate that the money received from the third party was not for expenses already paid for by workers’ compensation.
Call a Toledo Workers’ Compensation Attorney
If you have questions about your workers’ compensation claim and whether you have standing to file a personal injury suit against a third party, please contact one of the experienced workers’ compensation lawyers at Lafferty, Gallagher & Scott, LLC by calling us today.
FAQs About Workers’ Compensation in Ohio
Some of the most common signs of third-party negligence include:
- Faulty Equipment or Tools: If the injury was caused by defective machinery, tools, or equipment, the manufacturer or supplier may be liable.
- Negligence of Contractors or Vendors: If an outside contractor, vendor, or service provider’s actions led to the injury, they could be held responsible.
- Unsafe Premises: If the injury occurred due to hazards on a property managed by a third party (e.g., a client site), the property owner may be at fault.
- Vehicle Accidents: If you were injured in a car or truck accident while on the job and the other driver was at fault, they may be liable.
- Toxic Substances: Exposure to harmful chemicals or substances caused by a third party’s negligence could also indicate liability.
An attorney can help determine if a third party is responsible and whether you can pursue compensation.
Third-party claims offer broader compensation than workers’ compensation alone. You can recover medical expenses, lost wages (both past and future), pain and suffering, emotional anguish, and loss of life enjoyment. Additionally, you may receive compensation for permanent disability, disfigurement, and reduced earning capacity.
When workers’ compensation falls short, several options exist. First, explore whether a third-party claim applies to your situation, as this can provide additional compensation. Document all uncovered expenses, including transportation costs, home modifications, and medical treatments. Consider meeting with an attorney who can evaluate your case for potential third-party liability or help appeal denied benefits.
Seek medical attention promptly, even for seemingly minor injuries. Report the injury to your supervisor or HR department within your company’s required timeframe. Document the incident thoroughly, including taking photos and gathering witness contact information. Keep detailed records of all treatments and expenses. Contact a work injury attorney early in the process to understand your rights and options.
