Can I sue my employer instead of filing for Workers’ Compensation?
No. Workers’ Compensation in Ohio is a No-Fault system. Workers’ Compensation law protects your employer from being sued if they pay their OhioBWC workers’ compensation premiums for BWC insurance coverage. This coverage is required for all employers with three (3) or more employees. Generally, Workers’ Compensation is the only available coverage option unless you can show the existence of an intentional tort against the employer or unless a third party company or individual caused your injuries and is liable under the general negligence laws of the State of Ohio. If you were injured on the job but someone else is liable you may be able to collect Workers’ Comp benefits and sue the party responsible for your injury. An attorney who specializes in the field of Workers’ Compensation should be consulted to better understand your rights.
