Do You Have a Personal Injury Case in Addition to a Workers' Comp Claim?
In exchange for workers' compensation, injured workers generally do not have the right to sue their employers. However, there are times when an injured worker can obtain additional compensation by filing a personal injury lawsuit in addition to a workers' compensation claim.
If you have been injured at work, the lawyers at Seaman Garson LLC in Cleveland, Ohio, offer a free consultation to evaluate your case and determine if you have additional claims. We represent injured workers throughout Ohio.
When Can I File a Personal Injury Lawsuit for a Workplace Accident?
Workers' compensation laws protect employers against lawsuits from injured employees except in cases of intentional torts. However, those laws don’t protect parties other than your employer. There are many cases where a worker injury is cause by a third party (someone other than you or your employer):
- Auto accidents occurring on the job
- Injuries caused by trucks and delivery vehicles on the job
- Injuries caused by other contractors or vendors at job sites
- Product liability claims against manufacturers of equipment or chemicals used on the job
If you are injured in an auto accident or by anyone who doesn't work for your employer, you can seek additional compensation − such as money for pain and suffering − by filing a personal injury lawsuit against the negligent party.
When Can I Sue My Employer?
For example, if your employer removes a safety guard from a machine or deliberately withholds information about a workplace hazard and you are injured as a result, you can file a personal injury lawsuit against your employer.
You can also receive additional workers' compensation benefits if your employer violates a specific workplace safety requirement (VSSR) established by law or by the Bureau of Workers' Compensation.
Protect Your Rights: Free Attorney Consultation
For information about workers' compensation and third-party claims, contact our Cleveland, Ohio, lawyers to arrange a free consultation.
