When You May Need to File a Workers’ Comp Claim and a Lawsuit
Some work injuries will require further action than filing an injury claim with the Ohio Bureau of Workers’ Compensation (BWC). Many construction sites use employees and equipment that are contracted through other third-party construction companies. When multiple companies are liable for different parts of the construction process, differences in safety policies can cause an increased risk for accidents. It also creates a more complicated environment for determining who is responsible for covering work injuries. If a third-party is responsible for an injury, filing a third-party claim may be necessary in conjunction with your workers’ comp case with the BWC.
Examples of Third-Party Lawsuits
Example 1: Bob, the carpet warehouse worker, was using a forklift that malfunctioned and caused carpets to fall on another employee, Dale, which injured his leg. Dale would then file a workers’ comp case with his employer. In addition, he will likely want to file a third-party lawsuit against the manufacturer of the faulty forklift. The third-party lawsuit is not handled by the BWC.
Example 2: Jim is working for a flooring company with workers’ comp coverage at someone’s home retiling their back patio, and he is bit severely on his leg by the homeowner’s aggressive dog. He would want to file a workers’ comp claim with the bureau, and consider filing a third-party lawsuit against the home/dog owner.
Whenever an injury is the fault of an employee working for a third-party contractor, defective equipment manufacturer, or a property owner, it may be necessary to pursue a third-party lawsuit separate from your workers’ compensation claim.
Columbus workers’ comp attorneys at Larrimer & Larrimer, LLC have the knowledge and skills to take on the largest and most powerful construction companies and equipment manufacturers.