Accidents can happen anywhere, and workplace accidents are no exception. If you were injured in a workplace accident in Ohio, there are various legal options available to you. One of those options is to file a personal injury lawsuit against your employer if the accident was caused by their negligence. However, before taking legal action, it is important to understand the laws surrounding personal injury lawsuits in Ohio.
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Understanding Workers’ Compensation Laws
Ohio has a workers’ compensation program that covers the medical expenses and lost wages of employees who are injured on the job. The program is designed to provide quick and efficient support for employees who have suffered injuries in the workplace.
If you were injured in a workplace accident, you are typically required to file a workers’ compensation claim first before pursuing a personal injury lawsuit. This is known as the "exclusive remedy" rule, which means that the workers’ compensation system is the only way for employees to seek compensation for workplace injuries.
Exceptions to the Exclusive Remedy Rule
There are, however, some exceptions to the exclusive remedy rule. Employees may be able to pursue a personal injury lawsuit against their employer if the injury was caused by the employer’s intentional or reckless behavior. For example, if an employer knowingly exposed employees to hazardous materials without proper safety equipment, an employee may be able to file a personal injury lawsuit.
Alternatively, if the injury was caused by a party other than the employer, such as a third-party contractor, the employee may be able to pursue a personal injury lawsuit against that party.
Filing a Personal Injury Lawsuit
If you believe that you have a personal injury case against your employer, there are several steps that you will need to take.
Consult with an Attorney
The first step is to consult with an experienced personal injury attorney. An attorney can evaluate your case and determine whether you have a viable claim against your employer. They can also advise you on your legal rights and the legal options available to you.
Prove Negligence
To win a personal injury lawsuit, you will need to prove that your employer was negligent and that their negligence caused your injuries. This can be challenging, as you will need to provide evidence to support your claim.
Determine Damages
You will also need to determine the damages that you are seeking. Damages can include medical expenses, lost wages, pain and suffering, and other expenses related to your injury.
File a Lawsuit
If you decide to move forward with a personal injury lawsuit, your attorney will file a complaint against your employer. The complaint will outline the facts of the case and the damages that you are seeking.
Discovery
The discovery process follows, which allows both sides to exchange information and evidence. This process can include depositions, requests for documents, and other forms of discovery.
Mediation/Pretrial Hearing
In some cases, the parties may be able to reach a settlement through mediation or a pretrial hearing. If a settlement is not reached, the case will proceed to trial.
Trial
During the trial, both sides will present their evidence and arguments to a jury. The jury will then determine whether your employer was negligent and if so, what damages you are entitled to.
Conclusion
If you were injured in a workplace accident in Ohio, you may be able to file a personal injury lawsuit against your employer if their negligence caused your injuries. However, before pursuing legal action, it is essential to understand the laws surrounding personal injury lawsuits and workers’ compensation claims. Consulting with an experienced personal injury attorney can help you navigate the legal system and determine the best course of action for your case.