The Ohio Supreme Court recently ruled overwhelmingly in support of a 2005 state law which prevents injured employees from filing personal injury lawsuits against their employers while they are still receiving workers compensation benefits. The law requires injured employees to demonstrate proof that their employer’s actions were deliberately intended to cause injury.
Injured employees filed suit, claiming the law was unconstitutional, especially in instances where it is clear that poor workplace conditions are very likely to result in injury. In two separate decisions, the court upheld the current law, thereby limiting an employee’s ability to file suit.
The justices ruled that the 2005 law is in accordance with the intention and spirit of workers’ compensation laws. According to the ruling, workers’ compensation laws are in place to establish a compromise between employers and employees. Employees give up their right to sue when injured on the job, which may result in lower monetary compensation for injuries. However, they do not take the risk that they will receive nothing (workers’ compensation laws establish clear mandatory benefits).
Employers give up their ability to defend themselves against workers’ compensation claims, ensuring that they will have to pay financial compensation to the injured employee. However, they are protected from the possibility of a massive damage award.
Furthermore, the justices ruled that since workers’ compensation is a no-fault system, it does not matter whether the employer was negligent in maintaining safe work conditions. There are also many cases where the negligent actions of employees contribute to their injuries, yet they can still collect workers’ compensation benefits.
If you have been injured on the job, it is important to consult an experienced workers’ compensation lawyer
in order to ensure that your rights are protected.
If you have a workers’ compensation claim in the Columbus, Ohio area, please contact the law offices of Robert W. Kerpsack Co., L.P.A. today to schedule your free initial consultation.
Written by Andrew Martin: professional blogger and guru of misfortune.
