In Ohio, most employees are familiar with workers’ compensation as the go-to remedy for workplace injuries. However, while workers’ compensation provides benefits for medical costs and lost wages, it doesn’t always cover the full extent of an injured worker’s losses. Sometimes, workers may have additional legal options to pursue compensation beyond workers’ comp, particularly when an employer’s actions or negligence play a role in the injury.
This post will delve into how workplace injuries are handled in Ohio, and when an employee might have grounds to pursue a claim outside of workers’ compensation. Understanding the boundaries of workers’ compensation and the possibility of holding employers accountable in other ways is essential for workers to fully protect their rights after an injury.
The Basics of Workers’ Compensation in Ohio
Workers’ compensation is a system that allows injured workers to receive financial support for medical treatment, lost wages, and rehabilitation, regardless of who was at fault for the injury. In Ohio, the Bureau of Workers’ Compensation (BWC) oversees the workers’ comp program.
In general, if you suffer an injury while on the job, workers’ comp is your primary remedy. It covers a wide range of injuries, from minor strains and sprains to more severe accidents like falls or machinery accidents. In return for these benefits, workers typically forgo the ability to sue their employer for negligence or other reasons. However, there are limits to what workers’ compensation can cover, and this is where additional legal options might come into play.
When Can You Go Beyond Workers’ Compensation?
While workers’ compensation generally shields employers from lawsuits, there are exceptions. If you are injured at work, there are certain situations in which you may be able to pursue a personal injury claim against your employer, or a third party. Here are a few circumstances where this might apply:
- Intentional Acts by the Employer
If your employer intentionally causes harm, you may be able to file a personal injury lawsuit outside of workers’ compensation. This could include cases where an employer intentionally assaults an employee or creates unsafe conditions with the purpose of causing injury. Ohio law allows employees to seek damages for injuries resulting from their employer’s intentional misconduct, even if the injury occurred on the job. - Employer’s Gross Negligence
In some cases, an employee may be able to sue if their employer’s negligence was gross or extreme. For example, if an employer knows about dangerous conditions in the workplace and intentionally disregards safety protocols, leading to an injury, a worker may have grounds for a lawsuit beyond workers’ compensation. This type of case is difficult to prove, as it requires showing that the employer’s actions were reckless and not just negligent. - Third-Party Liability
If your workplace injury was caused by the actions of a third party—such as a subcontractor, equipment manufacturer, or even a visitor to your workplace—you may be able to pursue a lawsuit against that third party. This is especially true if the third party’s actions contributed to the injury in a way that goes beyond what workers’ compensation covers. For example, if you were injured by faulty equipment made by an outside company, you could sue that company for the damages. Similarly, if you were injured by a driver delivering goods to your work site, you could pursue a personal injury claim against that driver or their employer. - Defective Equipment or Unsafe Machinery
If your injury was caused by defective equipment or unsafe machinery, and the manufacturer or another third party is found to be responsible, you may be able to file a product liability lawsuit. In these cases, your legal action would target the company that produced or maintained the equipment rather than your employer. Ohio’s product liability laws allow workers to pursue damages for injuries caused by defective products, which can include unsafe machinery used in construction or industrial work environments.
Types of Compensation Beyond Workers’ Compensation
If you are able to file a lawsuit beyond workers’ compensation, the types of compensation you can seek will differ from those available through the workers’ comp system. Here’s what you could be entitled to in a personal injury lawsuit:
- Pain and Suffering
Unlike workers’ compensation, which generally does not compensate for emotional distress, personal injury claims can include compensation for pain and suffering. If your injury results in chronic pain, emotional trauma, or a significant reduction in quality of life, you can seek damages for these intangible losses. - Punitive Damages
In cases of gross negligence or intentional harm, punitive damages may be awarded in addition to compensatory damages. These damages are meant to punish the employer for their wrongful conduct and to deter others from engaging in similar behavior. While they are not awarded in all cases, they are an option when the employer’s actions are particularly egregious. - Loss of Consortium
If your injury affects your relationship with your spouse or family, your spouse may be able to claim compensation for loss of consortium. This can include damages for the loss of companionship, support, and affection due to your injury. - Future Medical Expenses
In a workers’ compensation claim, future medical costs are generally covered. However, if you file a personal injury lawsuit, you can also seek compensation for future medical expenses not covered by workers’ compensation. This includes rehabilitation, surgeries, or long-term care needed due to the injury. - Lost Earning Capacity
Beyond the temporary wage replacement provided by workers’ compensation, a personal injury lawsuit may allow you to claim compensation for any long-term impact on your ability to work. If your injury leaves you permanently disabled or unable to continue in your job, you may be entitled to compensation for the income you are no longer able to earn.
How to Pursue Legal Action Beyond Workers’ Compensation
If you believe your workplace injury falls under one of these exceptions, the next step is to consult with a personal injury lawyer who specializes in Ohio workplace injury cases. An experienced attorney can evaluate the specifics of your case, including the circumstances of your injury, your employer’s role, and whether third-party liability is involved.
The process of filing a personal injury lawsuit can be complex. Your attorney will help you collect evidence, such as medical records, witness statements, and documentation of unsafe working conditions, to build your case. In some instances, this may involve investigating the actions of your employer or third-party companies and proving their role in causing the accident.
The Statute of Limitations for Workplace Injury Claims in Ohio
In Ohio, the statute of limitations for filing a personal injury claim is generally two years from the date of the injury. However, the time frame can differ based on the type of case and whether you’re pursuing workers’ compensation or a third-party liability claim. It’s important to consult an attorney as soon as possible to ensure you meet the deadlines for filing your claim.
Conclusion
While workers’ compensation offers a straightforward path for injured workers to receive benefits, it is not always the only avenue for obtaining compensation. In Ohio, there are situations where workers can pursue legal action beyond workers’ compensation, particularly if an employer’s intentional or grossly negligent actions played a role in the injury or if a third party is at fault.
By understanding your options and working with a personal injury attorney, you can better navigate the legal landscape following a workplace injury and seek the full compensation you deserve. Whether your injury was caused by unsafe working conditions, defective equipment, or third-party negligence, it’s essential to know your rights and pursue the legal action that best fits your situation.