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Do I have an Ohio Workmans Comp claim AND a personal injury or insurance claim?

Oct 15, 2011
3 min read

Many clients contact us after being involved in an auto accident or car crash while on the job. This can make for a confusing situation with the different parties that are often involved. This article will try and remove some of the confusion. Note, however, careful review of one’s individual case is strongly recommended and this article only touches on a few of the common issues that arise.

An Injured Worker May Also Bring a Personal Injury Claim

Sometimes it is appropriate for an injured employee to bring a claim with the Ohio BWC (See: http://www.ohiobwc.com/default.aspx) as well as a claim against a negligent party who caused the accident. Additionally, it may be appropriate to bring a claim with the worker’s own car insurance company with respect to medical payments coverage and/or underinsured or uninsured motorist coverage. Many of our clients have two claims -or files- open at the same time, running simultaneously.

The Ohio BWC May Have a Statutory Lien on the Personal Injury Case

Where an injured worker’s bills and/or wages are paid for by the Ohio BWC and he or she has a claim with a separate insurance company or negligent party, the BWC has a legal right to receive reimbursement from a settlement or award. This happens quite regularly where an injured worker is hurt in an auto accident, the BWC pays for the medical care and lost wages, and then the injured worker later settles with the negligent driver’s insurance company. The results can be good for the injured worker under such circumstances and the settlement of the personal injury claim does not close the workmans comp claim.

It is important to have an attorney who is experienced in both workers’ compensation and personal injury cases when these situations arise. McKenzie & Sndyer LLP has extensive experience in both areas of the law and represents clients in the Greater Cincinnati Area: Colerain, Dayton, Fairborn, Hamilton, Fairfield, Batavia, Ross, Oxford, College Hill, Mt. Healthy, Reading, Forest Park, Finneytown, Harrison, Cheviot, Lebanon, Mason, Loveland, West Chester and more.

Feel free to use the form on this page to schedule an appointment with one of our attorneys, or simply call 513-737-5180. McKenzie & Sndyer LLP does offer house calls.

Written by Andrew Tobergte


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