Reclamaciones por responsabilidad civil por accidentes laborales en Ohio

You may believe that workers’ compensation is the only financial resource you have to pay for your losses. This may not be the case because, in addition to a workers’ compensation claim, you may also have a valid third-party claim.

Since work injuries and third-party liability are common, it’s important to consult a highly skilled work-injury attorney from Kisling, Nestico, & Redick to determine whether you can sue a third party for compensation.

Call our firm at 1-800-HURT-NOW for a free consultation.

What are Third-Party Work Injury Claims?

In work injury situations, third-party claims refer to lawsuits against non-employers who are responsible for injuries that occur at work. While workers’ compensation may cover your medical bills and a portion of your lost wages and loss in earning capacity, a third-party claim can provide you with a settlement to pay for other losses such as pain and suffering, emotional distress, and a decrease in enjoyment of life.

A diferencia de las reclamaciones por accidente laboral, en las que la ley establece la cuantía de la indemnización que se recibe, las indemnizaciones en las reclamaciones contra terceros se determinan en función del valor de la reclamación.

Examples of Third-Party Work Injury Claims

At Kisling, Nestico & Redick, we work with many clients who have been injured on the job and are able to sue a third party because the other party is at least partially responsible for their injury. Several examples of third-party claims include:

• A claim against the manufacturer of a defective vehicle, machine, or tool that hurt you while you were working
• A claim against a negligent driver in a car accident that injured you while you were on the road for work
• A claim against a landlord who failed to keep their premises safe and free of hazards, causing you to injure yourself while on the job
• A claim against an outside vendor or contractor who was performing work on your job site and hurt you
• A claim against the owner of a dog who attacked you while you were working
• A claim against a co-worker whose actions of assault led to your injury at work

Common Work Accidents that Lead to Third-Party Claims

Third-party injury claims can happen in virtually any industry and involve a wide variety of situations and outside individuals, including:

• Car accidents: People must drive as part of their job for any number of reasons. If you’re in a car wreck and the other driver is at fault, you can file a workers’ comp claim and pursue a third-party claim against the other driver’s insurance.
• Slip and falls: If your job involves onsite or in-home visits, a slip and fall injury on another’s property may be covered under Ohio premises liability law. This may entitle you to additional compensation for your losses.
• Premises liability: If someone other than your employer was responsible for maintaining the property where a hazardous condition caused you to be injured, you might be able to sue the owner or their insurance company. This can apply to broken stairs, faulty elevators, dog attacks, and other obvious hazards.
• Defective equipment: If the equipment you used as part of your job was defective in some way and led to your injuries, a third-party claim against the manufacturer, designer, or retailer may allow you to recover compensation outside of workers ‘comp.
• Chemical exposure: Whether it involves toxic fumes, lead paint, asbestos, mercury, or other noxious materials, a third party can be responsible for endangering workers in any number of ways.
• Subcontractors: Construction and other job sites frequently have subcontractors and outside parties performing various tasks related to your job function. If they were negligent or reckless, they and their employer’s insurance can be held liable.

How to Establish Third-Party Liability

In workers’ compensation claims, it is not necessary to prove negligence to collect workers’ compensation benefits.

Workers’ compensation is a no-fault system, meaning it doesn’t matter if your employer’s negligent acts prompted your work injury. It was designed to protect employers from costly and time-consuming lawsuits. If your goal is to receive these benefits, you simply have to prove that you were injured on the job.

However, to recover a settlement in a third-party claim, you must use evidence and testimony to demonstrate that an accident did occur, the third-party that caused the accident was unreasonable or failed to take reasonable action, and your injury was serious enough for you to be eligible for compensation, and your injuries were caused by the accident.