From the commercial buildings rising along I-71 through Columbus to the industrial projects scattered across the Cuyahoga Valley in Ohio, construction workers face real hazards every shift. When something goes wrong and someone gets hurt, the first instinct is usually to file a workers’ compensation claim. That makes sense. But stopping there can mean the injured worker doesn’t receive enough compensation to cover their losses.
At the Columbus law firm of Ross, Midian & Breitmayer, LLC, our experienced personal injury and workers’ compensation lawyers help accident victims with their complete recovery.
When Work Comp Benefits are Not Enough
Workers’ comp is not the whole picture. Ohio law gives injured construction workers a separate path when someone other than their employer played a role in causing the accident. That can lead to a personal injury claim that the workers’ comp system does not cover. This is called a third-party claim. We will help you understand when a third-party claim may be possible and who else might be responsible for your losses.
What Can a Third-Party Claim Recover That Workers’ Comp Won’t?
Workers’ compensation laws in Ohio provide injured employees with benefits to cover medical bills and a portion of lost wages, regardless of who is at fault. These benefits are helpful but, for many, it’s not enough.
Work comp benefits do not compensate for pain and suffering or the long-term financial and emotional toll of a serious injury. A successful third-party claim can pursue those losses directly. For someone dealing with a spinal injury, a traumatic brain injury, or permanent disability after a job site accident, that difference can be substantial.
You do not have to choose between the two types of claims. In Ohio, you are allowed to file both a workers’ compensation claim and a third-party/personal injury lawsuit, but you can’t collect twice for the same damages.
Who Are Third Parties That May Be Responsible?
General contractors, subcontractors, material suppliers, equipment vendors, and property owners may all be present on a single job site. Ohio law generally prevents an injured worker from filing a negligence lawsuit against their own employer. What many injured workers do not realize is that this trade-off applies only to your employer.
If a third party, someone other than your employer or a co-employee, caused or contributed to your work injury, you may have a separate personal injury claim with significantly greater recovery potential. Here are a few common examples:
- Subcontractors and other contractors. Ohio construction sites routinely have multiple crews working side by side. If a subcontractor’s crew created a hazardous condition, failed to properly secure equipment, or left a fall hazard unaddressed, and a worker from a different employer was injured as a result, that subcontractor may face liability. If someone under another contractor’s supervision caused your accident, it may be possible to sue that contractor.
- Equipment manufacturers. Defective tools and machinery are a real problem on job sites. If the equipment you used as part of your job was defective in some way and led to your injuries, a third-party claim against the manufacturer, designer, or retailer may allow you to recover compensation outside of workers’ comp. These product liability claims operate a bit differently from standard negligence claims, and the timeline for filing can vary depending on when the defect was discovered.
- Property owners. The company or individual that owns the land or structure where construction is happening may carry independent responsibility for site conditions. If the property owner failed to address unsafe conditions that contributed to your accident, they might be held liable for your injuries. This is especially relevant when the hazardous condition existed before the construction crew arrived, or when the owner retained some control over the site.
What to Do After a Construction Site Injury in Ohio
Report the injury to your employer. Get medical attention and document every treatment. Take photographs of the scene, any defective equipment, and visible safety violations before the site gets altered. This is all needed for the workers’ comp and the third-party claim.
Ohio law generally gives injured workers two years from the date of the accident to file a third-party personal injury claim. That may sound like plenty of time, but it goes by quickly. Plus, the evidence that can make or break a case can disappear. Witness memories fade, job sites get cleaned up, and equipment gets repaired or replaced.
This dual-recovery approach is critical for construction workers because job sites often involve multiple contractors and vendors. Identifying all of the parties who may share responsibility is not always obvious from the scene. That analysis requires looking at contracts, safety records, equipment maintenance logs, and site supervision structures.
If you or someone in your family has been hurt on a construction site in Ohio, whether that is in Franklin County, Summit County, Cuyahoga County, or anywhere else across the state, we encourage you to reach out before assuming workers’ comp is the only option. At Ross, Midian & Breitmayer, LLC, our lawyers will help you understand your options with both types of claims. Contact us to talk through what happened for free.