Legal Question in Personal Injury in Ohio
Can I sue my Employer
I injured my knee on the job on 7/18/99 and had surgery on 8/23/99, I want to know if I can sue my employer who i still work for, for injuring my knee on the job. Also this was a reinjury, i first hurt it in may of 97 and had trouble ever since leading up to the surgery.
2 Answers from Attorneys
Re: Can I sue my Employer
Generally, an employee can only file a Workers' Compensation claim for injuries received while in the scope and course of employment and can not sue the employer directly. If the employer commits an intentional tort, that is the employer knew to a substantial certainty that you would be injured, and required you to proceed, then a civil lawsuit can be filed. You need to speak to an attorney specializing in Workers Compensation law to advise you of your rights, including the time limitations in which you have to file a Workers Compensation claim. A colleague of mine handles these types of claims. His name is David Barnhart and his phone number is 614-221-3151. Regardless, please contact an attorney for legal advice as soon as possible.
Re: Can I sue my Employer
Your remedy is workers comp. It would be advisable to contact a workers comp attorney.
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