what is the statue of limitations on sueing a company for pain and surrering if you were hurt on a job in OHIO

Question

I was hurt on the job by pushing a trash dumpster 2 years ago, and now the company is settling with workman's comp, but what about my pain and suffering. I fell again in February of this year, and have another claim, actually 2 claims, cause I hurt my arm pulling out the file cabinet .

Answer 1

If worker's comp has it covered, then that's that, i.e., the worker's comp has paid what they deem fit and you are due no more for the original claim. On the second claim, you will need to wait to see what the worker's comp settles for, if anything. It seems odd that you have filed two claims in two years time. If you are unsure of worker's comp benefits, I suggest you consult an attorney versed in worker's comp cases. Frankly, suing over and above the worker's comp could take years and payment for pain and suffering is usually not going to be high unless you were nearly incapacitated. It sounds like you are trying to get more than is due you.

Answer 2

You really should contact an attorney to get a valid answer to this question. Many states do not allow a worker to sue their employers. And those that do have limits to the nature of the accident and time limits as well. Only an experienced attorney will be able to help you.

Answer 3

If Worker's Comp is involved, you have no other recourse. That is considered "No Fault" insurance and it prevents you from holding your employer at fault. Worker's comp is overly generous and it is doubtful that you will be taken advantage of.