A recent case in Ohio set up what I call the workers compensation trap. A lady had been injured by inhaling toxic fumes from an ingredient to make instant popcorn. She filed a personal injury product liability claim against the manufacturer of the toxic substance.
She also filed a workers compensation claim. She lost her workers compensation claim as they said she did not prove this substance caused her lung problem. She failed to appeal the case into court and therefore her workers compensation claim was over.
Unfortunately her personal injury product liability claim was now over also. This is because the Appellate court said the product liability defendant could use the loss of her workers compensation case against her since it was essentially the same issue and it had already been decided.
Below is a video I prepared about this problem and what to do.
by Cincinnati workers compensation and personal injury attorney Anthony Castelli
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