In Ohio, the worker’s compensation system is governed by Ohio Revised Code 4123. Under that statute, worker compensation benefits are given without proof of fault. All work related benefits will be given to the injured employee by the employer if they qualify. Because it is a no fault system, an employee can not generally sue their employer. The purpose of the system is to provide compensation to injured employees and it is designed to make sure employees receive immediate medical attention and reimbursement of lost wages without proving fault or negligence. In return, the injured employee gives up the right to sue their employer and accept workers compensation as the exclusive remedy. This promotes efficiency and predictability for both sides.
Exceptions and Special Circumstances
While workers compensation is the sole exclusive remedy for workplace injuries, there are exceptions that may entitle an injured worker to sue either their employer or a third-party for causing an injury. For example, a suit against the employer for a so-called intentional tort may fall within an exception to the Ohio worker’s compensation system. Additionally, in cases where the injury was caused by a third-party who was not the injured worker’s employer, a third-party negligence claim is typically not barred from filing. Depending on the facts of the case, it may be possible to file a lawsuit even if injured on the job. Intentional tort cases in the workplace are governed by Ohio Revised Code 2745.01. Under that statute, an employee can sue their employer in addition to workers compensation benefits if the employer deliberately intended to injure the employee. The employee must prove that the injury was substantially certain to occur. There is a rebuttable presumption if there is a deliberate removal of a safety guard or a misrepresentation of hazardous material. In these exceptions, the statute presumes the employer intended the injury which shifts the burden of proof to the employer.
If the injury was caused by a third-party, the employee can sue that third-party for negligence. They must show that the third-party had a duty of care that was breached, resulting in injury to the employee. For example, a third-party causes an accident with an employee who is injured while on the job.. That employee can not only receive worker compensation benefits, but also could receive compensation from the person who caused that accident. Under that scenario, any worker compensation benefits received would have to be reimbursed out of the settlement or jury verdict rendered in the case against the third-party.
Legal Considerations When Considering A Third-Party or Intentional Tort Lawsuit
If you are attempting to fall within an exception to the workers compensation system for an intentional tort against your employer in Ohio, you will need a significant amount of evidence. Mere negligence will not be enough to fall outside the workers compensation system. For intentional tort cases, the injured worker is going to need to have evidence of the employer’s deliberate intentions to injure them. The burden of proof is very high and quite often very hard to establish an intentional tort. It is best to discuss your workplace injury case as soon as possible with an experienced intentional tort and negligent attorney to understand all the options.
In cases involving third-parties that cause injuries while at work, you should know that in most cases the injured worker qualifies for both workers compensation benefits and potential compensation recovered from the third-party. If they do recover, however, they will have to pay back any workers compensation benefits paid to them under subrogation principles. Its important to consider this when pursuing such cases as it can result in no actual compensation being received depending on the extent of workers compensation benefits received and the amount able to be recovered.
About the Authors: Sawan & Sawan is a multi-generational, family owned law firm practicing law in the areas of car accidents, truck accidents, and other personal injury. Our firm practices law in Ohio and Michigan.
Dennis P. Sawan
