Many injured Ohio workers don't realize that a single workplace accident can support two very different kinds of claims.
Two Separate Paths
Workers' compensation through the BWC is a no-fault system that pays medical bills and partial lost wages but does not pay for pain and suffering. A third-party claim is a fault-based lawsuit against someone other than your employer.
When a Third-Party Claim Exists
Examples include a delivery driver injured by another motorist, a worker hurt by defective equipment, or a contractor injured by another company's negligence on a shared site.
Why Pursue Both
Workers' comp provides faster, fault-free benefits, while a third-party claim can recover the full range of damages — including pain and suffering — that comp excludes. They can proceed together.
Subrogation Issues
When both apply, the BWC may seek reimbursement from a third-party recovery. Coordinating the two claims properly protects your net recovery, which is where legal guidance helps.
Injured in Ohio? Get a free, confidential case review. No obligation, and no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. Laws change and every case is different. For guidance on your specific situation, consult a licensed Ohio attorney.