Finding Third-Party Tort Claims In Workers’ Compensation
Workers’ Compensation claims offer an opportunity to look for third-party claims to fully compensate our clients. Whenever we see a potential safety violation, we request an OSHA (Occupational Safety and Health Administration) investigation. We use the OSHA investigation to try and find a VSSR (Violation of Specific Safety Requirement) claim under the Ohio Administrative Code. This allows us to have “free discovery” from 2 independent governmental agencies before filing a lawsuit. We can also check prior OSHA violations to see if there are prior similar safety violations.
An example of this is a case we settled in 2023. Our client was referred in with a worker’s compensation case for losing 3 fingers in a table saw accident. We requested an OSHA investigation which discovered that the guard on the machine had been removed by the employer. We filed a VSSR claim that provided more evidence and photos and prior incidents. With that information we hired an expert witness and filed an intentional tort claim against the employer. After discovery we obtained a highly favorable confidential settlement of all the claims. Our client was able to obtain a new job and start his life over at a new job with a substantial financial cushion.
Another case involved an over-the-road truck driver who was delivering at a manufacturing company. A forklift driver at the facility ran into our client resulting in a major shoulder injury. She has had shoulder surgery on her dominant arm, still has a frozen shoulder, and most likely will never be able to return to her prior employment. The lawsuit was filed with over a year left on the statute of limitations. That was fortunate because it was discovered that the party responsible was a subcontractor. That left plenty of time to amend the lawsuit with the proper
party. Learning lesson: Give yourself plenty of time to find the correct party. You don’t know what you don’t know. This case is ongoing.
Our job is to maximize recovery for the client, make sure they get the best medical treatment, and provide them with all their legal options. We will be happy to review any potential claims for third-party torts.
