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11/13/2009
Anneke Kurt
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HIO WORKERS’ COMPENSATION CLAIMS DIFFER FROM NEGLIGENCE CASES | Bowling Green, Ohio Work Injury Attorneys.

Workers' compensation claims are much different than the negligence cases that result from situations like car accidents or dog bites. In a negligence case, you can be compensated for your medical bills, damage to your property, and your pain and suffering. In some cases, you can even seek additional money to punish someone for their bad behavior, such as when you're struck by a drunk driver. If a lawsuit needs to be filed, it's done through the court system and the case is heard by a judge.

The workers' compensation system was set up to eliminate many of the claims that could be brought through a negligence case. The Ohio General Assembly designed a system that helps employers minimize the costs they might have to bear through employee injuries. The theory is that if employers had to pay for things like pain and suffering, or punitive damages, it would be too expensive to do business. Having to defend the cases in court would cost even more money. Whether or not you believe that's fair to employees who are hurt on the job, that's the system we have. Instead of having cases heard by a judge or jury, work comp claims are handled through an administrative hearing officer.

The state requires employers to be self-insured or to pay into a fund that is used to compensate injured workers for things like the wages they lost due to the injury and for their medical bills. It's a no-fault system, which means that it doesn't matter whether you were injured because of your own actions or as the result of a co-worker or supervisor's actions. If you were injured on the job, you're generally allowed to file a claim and get some type of compensation.

In some situations, if an employer's actions were so outrageous because they ordered an employee to undertake a very dangerous task without the proper safety conditions or if they failed to correct a known safety hazard, the case can be taken out of the workers' compensation system. The legislature, though, has made filing these types of lawsuits extremely difficult so not many people would qualify.

 

If you or someone you know has suffered injury at the workplace contact our Toledo, Ohio work injury attorneys to order your FREE copy of The Ohio Work Injury Book.





We represent Ohio personal injury clients from Toledo, Maumee, Delta, Port Clinton, Bowling Green, McClure, Napoleon, Helena, Fremont, Fostoria, Tiffin, Cygnet, North Baltimore, Ottawa, Findlay, Carey, Bryan, Sandusky, Swanton, Perrysburg, Grand Rapids, Waterville, Liberty Center, Portage, West Millgrove, Woodville, Genoa, Gibsonburg, Findlay, Risingsun, Deshler, Hamler, Oregon, Sylvania, Delta, Weston, Oak Harbor, Port Clinton, Clyde, Lorain, Ottawa Hills, Rossford, Millbury, Walbridge, Holland, Northwood, and Whitehouse. We also serve those who live in Lucas, Wood, Seneca, Lorain, Fulton, Erie, Hancock, and Sandusky Counties.


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Charles Boyk Law Offices, LLC
PNC Bank Building
405 Madison Avenue
Suite 1200
Toledo, Ohio 43604
Phone: 419.241.1395
Fax: 419.241.8731
Toll Free: 800.637.8170
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Bowling Green
121 E. Wooster Street,
Suite 255
Bowling Green, Ohio 43402 *by appointment only, please
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South Toledo
5301 Southwyck Boulevard
Suite 107
Toledo, Ohio 43614 Get Directions

Findlay
612 Main Street,
Suite 107
Findlay, Ohio 45840 Get Directions

Swanton
10725 Airport Highway
Swanton, Ohio 43558 Get Directions

Charles Boyk Law Offices, LLC
PNC Bank Building
405 Madison Avenue
Suite 1200
Toledo, Ohio 43604
Phone: 419.241.1395
Fax: 419.241.8731
Toll Free: 800.637.8170

Bowling Green
121 E. Wooster Street,
Suite 255
Bowling Green, Ohio 43402
*by appointment only, please

South Toledo
5301 Southwyck Boulevard
Suite 107
Toledo, Ohio 43614

Findlay
612 Main Street,
Suite 107
Findlay, Ohio 45840

Swanton
10725 Airport Highway
Swanton, Ohio 43558

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