In the state of Ohio, virtually all workers are protected by workers’ compensation laws when they are injured on the job. These protections exist even when the injured worker is at fault for the accident. However, Ohio employers are also protected from lawsuits under the Ohio workers’ compensation system. Sometimes, however, a workplace accident is so egregious the injured worker may attempt to sue its’ employer based on the theory of intentional torts.
Recently, a man who was involved in a horrific job-related accident attempted to sue his employer claiming that the particular circumstances of his accident were tantamount to the employer actually intentionally trying to cause him harm. The man received a crushing injury to his right leg and ankle when a co-worker struck him with a forklift. His leg eventually required amputation. While there was ample evidence that his employer failed to protect his safety, ultimately the Court concluded that the employer did not deliberately attempt to hurt or harm the worker.
Fortunately, however, the man was able to receive workers’ compensation benefits. His medical bills totaled a whopping $757,845.07 which was completely paid by the workers’ compensation system. Additionally, he received a substantial amount of benefits in lost wages and additional damages for his leg amputation. He also received money for the safety violations which were present and contributed to his accident.
If any Ohioan is injured while working, they may be entitled to receive workers’ compensation benefits. These benefits can include reimbursement of medical expenses, continuing medical care, ongoing compensation while unable to work due to an injury, and additional benefits if a permanent impairment or disability results form a work-related accident.
Source:, Cleveland.com “Injured worker lawsuit at Ohio Supreme Court spotlights deliberate-intent-to-harm standard (gallery)“, Allison Grant, March 3, 2013