Many people wonder why the can not sue their employer if they were caused a personal injury as a result of their employer's neglect. The reason for this , in Ohio , is that the employer is given immunity from being sued in return for the employees right to bring a claim for workers' compensation benefits. An employee can file a claim for workers' compensation benefits regardless if the injury was the employers fault or not.
There are certain exceptions to this rule. The big exception is when the employer intends to hurt you. Then you can file for workers compensation benefits and sue the employer. The most commmon of these cases is when an employer removes a safety guard from a machine. In that case a jury can find that injury was substantially certain to occur. However these are always diffficult cases. Plus you need a big employer because very seldom will the employer have insurance for this kind of conduct.
However if a third party causes you injury while working you can sue the third party for your damages and also file a workers compensation claim. Of course you must pay the Ohio bureau of workers' compensation back on a formula basis if you do revover from a third party.
by Anthony Castelli Cincinnati personal injury trial attorney Mr Castelli will be glad to answer any questiions you have regarding your injury claim. 621-2345
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