If driving is part of your work, you should qualify for workers’ compensation if you get into an accident during work hours and are injured while conducting company business. Ohio law specifies that workers’ comp applies if you are driving in the course and scope of your employment and your injuries occur while doing your job. If the accident results from another driver’s negligence, you may also have grounds for bringing a personal injury lawsuit for damages. However, the Ohio Bureau of Workers’ Compensation (BWC) will claim a portion of this civil settlement under Ohio’s subrogation rules.
What is Subrogation?
Under subrogation, an employer must pay for medical bills, lost wages, and other damages when an employee is injured on the job. Civil law also assigns liability to any responsible third party involved in an incident, such as a vehicle accident. If the injured worker collected compensation from their employer and then again from the at-fault third party, that would be unfairly collecting twice for the same medical expenses. Subrogation prevents this “double-dipping” from happening.
Under subrogation law, the BWC or a self-insuring employer has the legal right to reimbursement by the negligent third party for benefits otherwise owed or paid out to the injured employee. This even includes projected future payments.
An injured worker might not have to give up all of their third-party settlement. After the BWC or self-insuring employer deducts their share, the worker may be entitled to the residual.
According to the state of Ohio, a third party can include:
- A person
- Private company
- Public entity
- Insurance company
In addition to vehicle accidents, subrogation in Ohio also applies to
- Dog bites and animal attacks
- Construction site accidents
- Medical malpractice
- Premises liability, such as slipping or tripping on damaged property
- Product liability, such as machine malfunctioning
Filing for workers’ compensation after a job-related traffic accident can seem complicated and cumbersome. Skilled workers’ compensation attorneys can protect your legal rights under Ohio subrogation laws and help you navigate the process. The attorneys at Clements, Taylor, Butkovich & Cohen, L.P.A., Co., are experienced at negotiating with the BWC on their clients’ behalf. If you have a case affected by subrogation, your attorney will work to help you get the fairest settlement possible.