Common third-party negligence claims in the workplace and the benefits of pursuing a third-party negligence claim for a workplace injury

Mar 10, 2020

When a workplace injury occurs, the worker typically is eligible for workers compensation benefits. However, in addition to applying for and receiving workers compensation benefits, in some situations, additional claims may be pursued against third-parties who caused the injury to the worker. These additional claims can often result in additional benefits for the injured worker.

While workers compensation benefits can help alleviate some burdens presented after an injury, the workers compensation system generally does not provide benefits for non-economic damages such as pain and suffering. Additionally, only a portion of the employee’s lost wages will be paid to the employee. Sometimes, workers compensation may not cover all of the employee’s necessary, related treatment required to recover from the workplace injury. Even more troubling, beyond the workers compensation benefit issues, the employee’s injuries may be permanent and serious and may even lead to the employee being terminated as a result of no longer being physically capable of performing his or her job. In any of the above instances, pursuing claims against a third-party for negligence can help cover these losses and compensate the employee for their injuries and other losses.

There are multiple ways a third-party can be responsible for an on-the-job injury. Below are just a few examples of common third-party Ohio negligence claims:

• On-the-job car wrecks — An employee is injured in a car accident caused by another person while the employee is driving a company vehicle or a personal vehicle for work;

• Subcontractor’s fault — A construction or labor worker is injured because of the fault of a subcontractor;

• Faulty equipment — A laborer or construction worker is injured as a result of defective or faulty equipment or machinery, or safety equipment which another party fails to provide;

• Scaffolding Problems — An employee is injured as a result of another company incorrectly assembling scaffolding or using faulty scaffolding;

• Negligent Property Owners — Inspectors or contractors being injured because of a negligent property owner and/or a dangerous condition or hazard on the property;

• Failure to Warn of Known Dangers — Employees being injured because of a property owner failing to warn that employee of a dangerous condition on the property and that employee is injured.
  

The common factor in third-party negligence claims is that another individual, who does not work for your company, caused or contributed to the injury that you suffered. Alternatively, when an individual is injured because of their own employer’s fault, different claims can arise as well. While these claims are similar, the differences between these two types of claims are significant and have different implications under Ohio law. In either situation, those who have had a workplace injury should contact an experienced injury attorney to determine the claims that are available, the amount of compensation to which he or she might be entitled, and the best options for pursuing recovery for his or her losses.

Our attorneys at Brian G. Miller Co., L.P.A. are skilled and experienced in litigating workplace injury claims and third-party negligence claims in the workplace and are serving clients in Columbus, Ohio and surrounding counties. If you have had an Ohio workplace injury that you suspect involves a third-party negligence claim and would like to set up a free, no-obligation evaluation of your case, please call us at (614) 221-4035.