Recently a court of appeals decided a case in Ohio that has significant implications if you claim a workers compensation injury that was caused by the fault of a third party. In that case you not only have a workers compensation claim but also a claim against the person who caused your injury.
The trap comes about if workers compensation disputes you were injured in this event. If they find against you then the person who caused your injury may also be let off the hook. The reason is that the Court said that lack of injury has already been determined by the workers compensation board and this decision is allowed to be CONCLUSIVELY used against you in the third party case.
There are ways to fight this . But if you have two attorneys handling separate aspects of your case you may run into a problem of communication. That's why it may be important to hire an attorney versed in Ohio workers compensation law and who also handles personal injury claims.
This problem could easily come up if you were a driver for a company and were injured in a car accident while on the job thru the fault of another. SO BE Careful
I handle both Cincinnati Ohio workers compensation as well as personal injury cases. Feel free to call me for a free consultation.
by Anthony Castelli cincinnati personal injury trial attorney and certified specialist in Ohio workers compensation by the OSBA
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