I’ve Been Injured At Work, But Workers Comp Is Not Enough; Can I Sue For Damages?
Your initial costs may be covered if your employer has workers’ comp insurance. However, if you’re severely injured, it could be life-changing, and workers comp may not provide enough funds to move on with your life.
Workers’ comp is private business liability insurance that commonly will provide coverage with your initial medical bills and possibly lost wages. Ohio is one state that demands that most companies carry it.
So, if your employer has more than one employee when you’re hurt, you would file a claim for your injury and follow the necessary steps to report your injury.
If you commonly use your worker’s comp insurance in Ohio, you cannot sue your employer for damages; however, there are legal exceptions.
For example, one of these exceptions is through the use of an “intentional tort.” An intentional tort is usually filed as a civil case against a business (or individual) whose purposeful actions caused harm to you under specific circumstances.
Intentional torts are used when the company’s actions are presumed purposeful. This differs from a standard tort where the at-fault party caused your harm through carelessness or negligence. If legally applicable, your Mentor personal injury lawyer may file an intentional tort case in addition to your workers’ comp case.
Additionally, your personal injury lawyer would investigate the facts surrounding your injury, and this could uncover other individuals, mislabeled items, mechanical issues, etc., that could be responsible for your injuries. If other defects, deceptions, or individuals are exposed, then those individuals may be sued, or further lawsuits could be filed against your employer.
In any severe workplace injury, your competent and thorough personal injury lawyer will tirelessly gather evidence to prove that your employer’s deception, lack of preventative maintenance, or negligence led to your accident and caused your dire injuries.
Remember, though, that if you use your worker’s comp insurance in Ohio, it’s usually a challenging legal matter to bring further suit against your employer. Therefore, if you’re injured at work, no matter the circumstance, you should always retain a personal injury lawyer to investigate all aspects of the incident.
What Can My Lawyer Use to Prove Negligence In My Workplace Accident?
Suppose you and your personal injury lawyer choose a legal exception or sue your employer instead of using your workers’ comp insurance. In that case, there is substantial evidence that your lawyer will collect.
To win your case and obtain damages for your injuries, your experienced and competent Mentor personal injury lawyer must prove negligence on behalf of your employer. As the plaintiff, the “burden of proof” to prove negligence “is usually on you, and you must commonly do so with a solid amount of sound evidence.
To prove negligence, you and your lawyer must gather evidence proving that your employer failed to address safety concerns or took (or neglected to take) some action that directly contributed to or caused you to be injured.
Although all cases differ, commonly, all negligence cases involve four items to address they are;
- Exhibiting proof that your employer owed you a duty of care in your workplace.
- Proving or demonstrating that your employer neglected this duty of care.
- Proving that this neglect caused the situation which injured you and caused you to suffer loss.
- Demonstrating that your employer’s action or inaction was the cause of your accident and injury.
Once your case is presented to the jury (or, at times, the judge), they will decide if the evidence supports your claim.
Depending on your injury and the negotiating skills of your lawyer, you usually will receive economic damages (or medical expenses, lost wages, and much more) and non-economic damages for pain and suffering. If your employer was reckless, deceptive, wanton, intentional, or oppressive, you may also get a significant dollar amount for punitive damages.
What Kind Of Evidence Would Be Needed to Prove Negligence in My Injury Case?
When you’re injured at work, witnesses and other personnel are usually present, and, if possible, you should enlist immediate help at the scene. First, and most importantly, get the medical help you need; however, document as much as possible.
Once you are stabilized and speak with your Mentor personal injury lawyer, they will collect as much evidence as possible to support your claim and prove your employer acted negligently.
Some examples of this evidence include;
- Photos or videos were immediately taken at the scene of the accident.
- Statements from witnesses in the vicinity at the time of your accident.
- Your lawyer may enlist the help of expert witnesses, testimony from medical professionals, and more.
- Any documentation that proves your employer was aware of this safety hazard and failed to correct it.
- OSHA violations or other documentation from state or federal regulatory agencies.
- Document your medical bills, follow-up care expenses, and all financial losses from your accident.
What Can I Do If a Third Party’s Negligence for My Workplace Injury?
In some cases, your employer may not have been responsible for your injuries, but another company that supplies or maintains equipment or supplies to your employer.
If the evidence suggests this is the case, then as the injured worker may need to hold them accountable, and you can.
Third-party liability claims can be successfully mounted by your lawyer when someone or some other company is responsible for your injuries.
Some common examples of third-party claims may involve persons or companies that do the following;
- Maintain equipment that your company uses.
- Supply products your company uses but are misrepresented, poorly packaged, etc.
- Supplies defective products used by your company.
- Provides toxic chemicals to your company that are mislabeled or do not have the proper warnings, etc.
In these personal injury cases, it’s often possible to use your workers’ comp insurance but more easily pursue a legal claim for damages against a third party. These cases may include damages for your employer, etc. if they also have suffered a loss due to your accident. This legal tactic is known as subrogation, and your employer may have the right to be paid back if they provide you with funds for medical care, lost wages, paid leave, and more.
When your lawyer gathers the evidence needed for your case, if this option arises, they will know precisely how to approach this process and get you the compensation you need and deserve.
I Need To File Suit Against My Employer For My Injuries; How Should I Proceed?
In Ohio, determining who can be held accountable if you’ve been injured on the job can be confusing and challenging. However, if you’ve been severely injured, your and your family’s life could be upended financially and in many other ways; you need help, and workers comp often doesn’t cover all your losses.
The Mentor-based Piscitelli Law Firm has long-standing experience that can assist you in understanding all your rights and finding the most effective way for you and your family to move on with your lives.
Call them today for a free consultation at (216) 820-9832, and they will analyze the details of your case and work tirelessly to ensure you know all your legal options and obtain the maximum compensation possible.
