The workers’ compensation system provides workers with compensation in the event they suffer a job-related injury. The system provides some recovery of wages and medical expenses for a specific period of time. In exchange for the no-fault system, employers enjoy immunity from personal injury lawsuits filed under most circumstances. As a worker who is injured on the job, your sole remedy to recover from your employer is to file a workers’ compensation claim.
While the system is considered “no-fault,” workers’ compensation insurers have broad leeway to deny claims on a number of bases. For that reason, workers often need the help of a Toledo workers’ comp attorney to litigate their claim and ensure they recover the money they are owed by law.
Workers’ compensation only compensates for accidental injuries. If a worker or supervisor intentionally injures you, workers’ compensation would not apply. You can thus file a lawsuit against the company you work for to recover damages for intentional injury. Since that is exceedingly rare, lawsuits are generally not filed against employers.
However, in cases in which an employer hires contractors who cause injury, you can sue that company. You can also file suit if you are injured by a defective piece of machinery against the company that manufactured the machine.
Lawsuits involving work injury are often filed against:
While construction injuries usually result in workers’ compensation claims, there are so many different companies providing services that sometimes one company’s worker negligently injures another company’s worker. In that case, the worker can file a workers’ compensation claim but then also seek recovery from the negligent third party.
In those cases, things can get complicated because the workers’ compensation insurer can place a lien on the injured workers’ settlement to recover money owed to the workers’ compensation insurer. This is known as a subrogation action. Workers may be able to prevent subrogation actions from placing liens on settlement awards with the help of a Toledo workers’ comp attorney.
If you have been injured in the workplace and need to file a workers’ compensation claim, third-party lawsuit, or fight a subrogation claim, the Toledo attorneys at Lafferty, Gallagher, & Scott will fight for your recovery and ensure you retain all of the money you are owed.
All of our partners are AV Peer Review Rated* through Martindale-Hubbell. Out-of-state referrals are welcome for all
areas of practice we handle, including personal injury, workers’ compensation and insurance claims issues.