Injury occurred on company property during lunch break/ off the clock. Does this have to be WC or can it be a personal injury?

Asked about 1 year ago - Brunswick, OH

I slipped and fell in my companies driveway. I was on my lunch break and off the clock when this happened. I have sustained a major injury. Worker's comp has taken excessive time in getting me treatment and the condition has worsened. Do I have to go through worker's comp. for this or can I file a civil suit, since I was off the clock?

Attorney answers (5)

  1. Kurt Matthew Young

    Contributor Level 9

    2

    Lawyers agree

    Answered . As a general rule, workers' compensation is designed to protect the injured worker & employer (as you can't sue if it's a workplace injury) and so they cast a very broad net. If you are the employer's property for any purpose, even lunch room breaks, bathroom breaks, picking up a last pay check, they cover you so as to protect the employer as well. Contact a Cleveland Area, Ohio State Bar Association Board Certified Specialist in Ohio Workers' Compensation Law and they'll take good care of you. Almost every single one in the state will do a no cost, no obligation consultation and if they think it's not viable as workers' compensation will get you into the hands of a qualified attorney to handle a premises liability case, but again, sounds like workers' compensation which means no civil suit and no suit for how long this takes.

    This answer does not constitute legal advice for your situation and no attorney-client relationship has been... more
  2. Mark Eugene Barbour

    Pro

    Contributor Level 9

    2

    Lawyers agree

    Answered . Slip and fall cases can be tough in Ohio. What caused you to fall? To make a PI case the possessor/owner/landlord has to have created a hazardous condition or the condition had to exist long enough that it should have been discovered, and the condition had to cause you to fall. There are other factors to consider as well. Unlike most WC claims, your actions can factor into a personal injury case, and can defeat the claim in some cases. Both WC and PI cases can be made in some cases, but usually not against the employer - there has to be a third party at fault. Is there another party that was responsible for the hazard that caused your fall? A good WC lawyer can help you navigate the system and also review the facts to see if you can maintain a separate action. For lots of reasons, it is usually a good idea to pursue a WC claim if you are hurt in the course of work in Ohio. It sounds like you have already done this. Remember there is a 2 year time limit in Ohio for slip/trip/fall PI cases.

  3. George Costas Andriotis

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . It appears that your employer is taking responsibility due to the fact your seeing their doctors. Ask to see your own doctors if your unhappy.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  4. Joseph Jonathan Brophy

    Contributor Level 19

    2

    Lawyers agree

    Answered . Once workers' comp is involved a lawsuit is usually no longer an option.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Workers comp.

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