ADVERTISEMENT



Google       
Call (866) 635-2689 for a free Personal Injury evaluation by attorney in your area.

Home -> Law Blog Directory -> Personal Injury Law Blogs -> The Personal Injury Lawyer Directory

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Personal Injury Law

: The Personal Injury Lawyer Directory

Ohio Court Rules Limits on Lawsuits Against Employers is Constitutional

ADVERTISEMENTS

The Ohio Supreme Court recently ruled overwhelmingly in support of a 2005 state law which prevents injured employees from filing personal injury lawsuits against their employers while they are still receiving workers compensation benefits. The law requires injured employees to demonstrate proof that their employer's actions were deliberately intended to cause injury.

Injured employees filed suit, claiming the law was unconstitutional, especially in instances where it is clear that poor workplace conditions are very likely to result in injury. In two separate decisions, the court upheld the current law, thereby limiting an employee's ability to file suit.

The justices ruled that the 2005 law is in accordance with the intention and spirit of workers' compensation laws. According to the ruling, workers' compensation laws are in place to establish a compromise between employers and employees. Employees give up their right to sue when injured on the job, which may result in lower monetary compensation for injuries. However, they do not take the risk that they will receive nothing (workers' compensation laws establish clear mandatory benefits).

Employers give up their ability to defend themselves against workers' compensation claims, ensuring that they will have to pay financial compensation to the injured employee. However, they are protected from the possibility of a massive damage award.

Furthermore, the justices ruled that since workers' compensation is a no-fault system, it does not matter whether the employer was negligent in maintaining safe work conditions. There are also many cases where the negligent actions of employees contribute to their injuries, yet they can still collect workers' compensation benefits.

If you have been injured on the job, it is important to consult an experienced workers' compensation lawyer
in order to ensure that your rights are protected.

If you have a workers' compensation claim in the Columbus, Ohio area, please contact the law offices of Robert W. Kerpsack Co., L.P.A. today to schedule your free initial consultation.

Written by Andrew Martin: professional blogger and guru of misfortune.

Full post as published by The Personal Injury Lawyer Directory on March 24, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Discouraging Union Organizers
Strict work place rules

Selection of State Supreme Court Judges
How State Court Judges are Selected

Employee Lawsuits (An Introduction and Topic Overview)
How employers can cope with the siege of employee lawsuits

Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations

Employee Lawsuits: Negligent Hiring and Retention
Employers must check references, criminal records, other background material.

California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid

Lawsuits and Settlements

VA Sets New Benefit Rules for Agent Orange-Related Ilnesses
Agent Orange-Related Ilnesses VA Sets New Benefit Rules

Ohio Health Centers
Ohio Health Centers Sued for Improper Billing

Hormone Replacement Therapy Lawsuits See Multi-Million Dollar Settlements
HRT Lawsuits Pharma Faces Multi Million Dollar Settlements

Ohio Drinking Water
Contaminated with Acid

Immigration and Customs Enforcement
alleging government agencies and officials violated immigrant workers' constitutional rights.

Right-of-Way
City of Hastings pays preacher $1 settlement and $10,000 in legal fees for constitutional right violations.

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0133 secs (new cache)