The intent of Ohio’s no-fault workers compensation laws is to eliminate negligence lawsuits filed by injured workers against employers, and limit employer countersuits faulting employees for sustaining injuries, pursuant to Chapters 4121 and 4123 of Ohio Revised Code. This limitation of lawsuits typically means there is less red tape, delay, and battle to get injured workers the money they need to keep their lives on track while they seek treatment and are out of work.
Protecting injured workers
No-fault workers’ compensation isn’t the absence of fault but, rather, a compromise between employers and employees to get workers the medical and temporary total disability benefits they need and deserve. Even after cutting out the litigation and back-and-forth between plaintiff and defendant that come with most personal injury claims, dealing with the Ohio workers’ compensation system is still frustrating for injured workers. That’s where we come in — it’s our job to make sure the compensation and medical attention you are entitled to are forthcoming.
Ohio’s no-fault system additionally has an exclusive remedy element, meaning once workers decide to file for workers comp benefits, they give up any rights to sue employers for negligence.
An estimated 10% of worker injuries also result in a negligence claim against either a third party or the employer due to unique circumstances that caused a workplace hazard:
- Personal injury – There may be grounds for a lawsuit against a third party (not your employer or regular coworkers), whose negligence contributed to your accident
- Your employer is does not have workers’ compensation insurance – You may be eligible to collect money from a state fund or to sue employer in civil court
- Employer conduct – Possible grounds to bring an Ohio personal injury lawsuit due to an employer’s egregious or intentional actions, such as if they routinely keep unreasonably unsafe premises and do not train workers properly on important safety measures
- Toxic substance – Possible grounds for a toxic tort action against the toxic substance’s manufacturer or your employer if your workplace has mold, asbestos, or is contaminated by another hazardous substance
- Products liability – May have a claim against the manufacturer of a defective product if the equipment you used malfunctioned because of a design or parts flaw and caused your injury
Nager, Romaine & Schneiberg Co., LPA is fully staffed to handle every legal issue associated with your Ohio workers compensation case.