Cincinnati Car Accident While On The Job: Having A Personal Injury and Ohio BWC Claim

Understanding Dual Claims

Many clients suffer injuries in Cincinnati car accidents while on the job. When this happens, it is often possible to file both a personal injury claim and a claim with the Ohio Bureau of Workers’ Compensation (BWC).

The Ohio BWC website provides additional information: http://www.ohiobwc.com/default.aspx.

Defining "Course Of Employment"

A common question in workers' compensation claims is whether the collision occurred "in the course of and arising out of" the injured worker’s employment.

The ‘in the course of” prong is construed to relate to the time, place and circumstances of the injury, while the ‘arising out of’ prong is interpreted as referring to a causal connection between the employment and the injury.

This definition comes from Fisher v. Mayfield (1990), 49 Ohio St.3d 275, 276-277.

Factors Determining Eligibility

Generally, the crash must happen while the employee is performing duties consistent with their employment contract and logically related to the employer’s business. Courts consider the totality of the accident's circumstances.

These circumstances include:

• The accident's proximity to the place of employment.
• The employer's degree of control over the accident scene.
• The benefit the employer received from the employee’s presence at the scene.

Case-By-Case Analysis

This analysis is conducted on a case-by-case basis. Some situations clearly fall within the scope of employment, such as an employee injured while driving a client to an appointment.

Other cases are less clear, like a traveling salesman involved in a crash during a personal errand on a workday.

Ohio BWC as a Statutory Subrogee

Under Ohio Revised Code 4123.93, the BWC becomes a "statutory subrogee" when a personal injury claim exists alongside a BWC claim. This means the Ohio BWC has the right to recover money for compensation and medical benefits it has paid to an injured worker.

This recovery occurs when the worker receives money from a judgment or settlement. The Ohio BWC’s website offers a good discussion on subrogation: http://www.ohiobwc.com/basics//guidedtour/empyes/legal/subrogation.asp.