Legal Question in Personal Injury in Ohio
Developed More injuries working light duty
My wife 2 years ago tore right her rotator cuff at work .rec. workers comp .And was put on light duty (10Lb Limit).Developed Thoracic outlet syndrome on her left side one year later on light duty (from over using).Her T.O.C. became bilateral.Had left rib removed Also developed Bilateral carple tunnel and bilateral basal thumb. On Sept 27th had excision left trapezium interpesitional arthropasty and tendon graft and left carpal tunnel release on her left hand .Doctor released to go back to working light duty 10 days after surgery .She will need to have the same done on her Right side.After working there light duty for 2 years and her health deterating from it she has Resigned.Her employer is self insured and fights everything .Is there a personal injury cliam here.( won workers comp on Torn rotator cuff. T.O.C. and Bilateral carpal tunnel)
1 Answer from Attorneys
Re: Developed More injuries working light duty
An employee can only obtain worker's compensation benefits for a work injury. The only other action against the employer is an intentional tort action. In this action, the employee must prove that the employer knew, to a substantial certainty, that the employee would be injured. This is a very high standard to meet and most sucessful cases either involve removal of a safety device or repeated injuries from a dangerous condition. If you wish to pursue this further, please contact an attorney and explain all the circumstances surrounding the injury and employment. If the doctor set forth the restrictions and the employer followed them, there may not be much to do.
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