Most employees in all 50 states are eligible for economic recovery under workers’ compensation law. Any Ohio-based company with one or more employees must provide workers’ comp protection. Workers’ compensation is usually your sole remedy for lost wages and medical bills due to work-related accidents or illnesses.
Yet, employers enjoy many legal protections when it comes to work-related incidents. For example, a worker’s compensation attorney cannot sue an employer for any job-related injury or illness. However, there are generally two instances where employees can sue their employer. If any of the following circumstances we’ll discuss apply to you, you should consult a personal injury lawyer with experience in workers’ comp law in Cincinnati.
Intentional Harm
You can bring a claim against your employer if they knowingly tried to hurt you. This must involve a specific action intended to harm you, such as your line supervisor punching you in the face or your manager forcing you to work in a toxic environment without personal protective equipment. Unfortunately, negligence does not count as intentional harm, even in extreme cases of carelessness.
Inadequate or No Workers’ Comp Insurance
You may sue your employer if they carry insufficient workers’ compensation insurance or no insurance at all. As previously discussed, an Ohio company with at least one worker must have coverage. If this situation applies to your employer, they have likely broken the law, and you may have a legitimate case against them.
Pain and Suffering
If either of the previous two circumstances apply, you have the right to sue your employer. Furthermore, the award is not limited to tangible expenses covered by workers’ compensation benefits, such as medical bills, permanent disability, or lost wages. You may also sue for pain and suffering.
Pain and suffering can be physical, like discomfort from broken bones or residual health effects from the initial injury. Pain and suffering can also include stress, mental anguish, or the loss of enjoyment of life.
Get Worker’s Comp Legal Help in Cincinnati
A personal injury lawsuit against an employer is complex and can take time to resolve. This kind of case requires the experience and knowledge of a personal injury lawyer who understands and has experience with workers’ compensation claims.
The local work accident attorneys of Clements, Taylor, Butkovich & Cohen, L.P.A., Co., have expertise in personal injury and can anticipate all the nuances of this legal area. We have been helping families in the Cincinnati area receive just compensation since 1988. Our successes with our clients have earned us the Top Tier of Best Lawyers by U.S. News & World Report. Contact us today for a free consultation by calling 513.721.6500 or completing our contact form online.