Beyond Ohio Workers’ Comp: Can You Sue for a Coworker’s Negligence in Sandusky?
If you suffer an on-the-job injury in Sandusky, filing an Ohio workers’ compensation claim is your standard route for recovery. However, if a coworker is responsible, you may have additional legal options.
While Ohio Revised Code Section 4123.741 generally grants immunity to fellow employees for ordinary negligence, certain exceptions apply. Our Sandusky personal injury lawyers explain who can be held liable, the evidence needed, and the additional types of compensation a third-party claim can entitle you to.
When Can You Sue a Coworker for Injuries in Sandusky?
According to the Bureau of Labor Statistics (BLS), over 75,000 people are hurt on the job in Ohio each year. While some workers, such as those in construction and manufacturing, are at higher risk, injuries can happen in any occupation.
Workers’ compensation protects employers from liability, while covering the injured employee’s medical care and up to two-thirds of lost income. However, this can still leave you facing other out-of-pocket costs.
What if a coworker is directly responsible? Under Ohio law, fellow employees cannot be held liable for ordinary negligence (such as failing to follow safety procedures or not properly securing materials or equipment). Situations where a civil claim may be possible:
- The coworker acted with malice towards you.
- They intentionally caused your injury.
- The coworker was off the clock when the incident happened.
- Their actions had no connection to their actual job duties.
In some cases, the person who caused your injury may not be an actual employee of your company, so coworker immunity does not apply. Independent contractors, subcontractors, delivery drivers, and others can be held liable in a third-party injury claim. Without contacting one of our attorneys to investigate, it can be difficult to make this determination.
Evidence That Helps Support a Third-Party Claim for Work Injuries in Sandusky
If you get injured on the job in Sandusky and a coworker or other party is to blame, filing a third-party liability lawsuit can help you get payment for losses workers’ compensation doesn’t cover. This includes your total lost wages, future lost earnings and benefits, and pain and suffering. However, you’ll need strong evidence:
- Incident reports and statements from coworkers or other witnesses.
- Photos, cell phone videos, and surveillance footage showing how the injury occurred.
- Text messages or emails showing the at-fault party’s behavior before the accident.
- Work schedules and job descriptions to verify legal employment status.
- Safety logs and training records showing whether certain protocols were violated.
Sandusky injury claims involving coworkers raise complicated questions about liability under Ohio law. To protect your rights and get the compensation you need to recover, get professional legal help.
Contact Our Experienced Sandusky Personal Injury Lawyers Today
When workplace injuries happen in Sandusky, workers’ compensation may cover a portion of your losses. However, filing a third-party claim can entitle you to additional amounts.
At Murray & Murray, our Sandusky personal injury lawyers have decades of collective experience and a proven record of success helping clients in these cases. To discuss your options, give us a call.
We serve clients throughout Sandusky, Ohio, and the surrounding areas. Request a consultation today.
Sources:
https://www.bls.gov/regions/midwest/news-release/workplaceinjuriesandillnesses_ohio.htm
https://codes.ohio.gov/ohio-revised-code/section-4123.741