Can I Sue My Employer for a Work-Related Injury in Cincinnati?

Ohio personal injury attorneys who can sue your boss

injury to handYour work-related personal injuries can be just as devastating as any personal injury you suffer outside of work. At Clements, Taylor, Butkovich & Cohen, L.P.A., Co., we understand this and help you to enforce your rights. Workers compensation is often the only legal remedy you will be allowed to pursue for injuries. But there are exceptions, times when you have the right to sue your employer or other persons outside the workers comp system. We handle these work injury lawsuits for you. A lawsuit against your employer or another person can be a consideration because workers comp limits the amount you can recover. When you sue your employer or other persons, your recovery will not be limited in the same manner.

Clements, Taylor, Butkovich & Cohen, L.P.A., Co. can sue your employer or other persons, if appropriate, when injuries occur at work or in work-related situations. You need a personal injury lawyer who provides superior representation, but who can also handle claims against your employer and third parties third parties when you need to sue them directly.

When can you sue your boss for a work-related injury?

An exception to the workers compensation system allows you to sue your employer if your boss injures you with willful intent. If, for example, your employer physically assaults you, you may be able to sue him or her directly, even though the injuries you sustain occur at the workplace.

In such an instance, the lawsuit would be an assault or battery charge. The workers comp involvement would be overridden, essentially, by the physical assault for which you would be pressing charges and suing. If your boss strikes you or punches you, that would be instance of an injury with willful intent.

Intentional torts

Wrongful intentional acts, known as intentional torts, permit you to sue your employer if a substantial certainty exists that injury will occur. The failure of your employer to address safety violations, provide safety precautions or warn you of known toxic or hazardous substances, are potential examples of this.

To prove negligence in an intentional tort case, you must prove that the accused party (in this case your employer) knowingly or purposefully caused harm. To sue your employer for an intentional tort, the burden of proof must be substantial. You would need to be able to prove, say, that your boss knew there was a carbon monoxide leak in the office, but chose not to inform you of the situation.

Other types of intentional torts include battery, assault, and false imprisonment. For an intentional tort case to work against an employer, it must be made clear to the court that your employer actively intended to hurt you.

When you need a lawyer for workers comp, you can consult with our respected legal team. We are experts in workplace injuries and understand the full range of legal options available to you.

Persons who are legally responsible for work-related injuries

You may be injured by other persons, not your employer, and have the right to sue them directly for personal injuries as well. For example:

  • A manufacturer’s defective product, located at your workplace, injures you.
  • A driver injures you in a car accident while you are driving for your job or in connection with your work.

The advantage of a lawsuit vs. workers compensation

You can recover for pain and suffering and pursue punitive damages in a lawsuit to punish your employer or a third party for willful and intentional acts. Workers compensation does not provide either of these remedies. In addition, the benefits payable under workers compensation are often less than the damages you have the potential to receive in a personal injury lawsuit.

Contact one of our experienced Cincinnati, OH work-related injury lawyers today

At Clements, Taylor, Butkovich & Cohen, L.P.A., Co., we offer a free initial consultation if you have been injured in a work-related accident or have suffered from the wrongful death of a loved one in a work-related accident and need capable legal representation. You can reach us at our toll-free number 513.721.6500 or online.