Employment Law and Personal Injury

Posted by Lowe Eklund Wakefield Co., LPA on Jul 30, 2018 7:41:00 PM

When personal injuries happen in the workplace, understanding your rights can be difficult.  Issues of employment law, tort law, and product liability law frequently overlap.  Determining who is responsible for your injuries—and recovering compensation from all liable parties and available resources—takes experience and legal resources.Employment law and personal injury law can overlap when you are hurt at work.

Lowe Eklund Wakefield Co., LPA’s all-encompassing approach to workplace injuries helps clients identify and pursue all available avenues of financial recovery.  Whether taking action against a negligent actor or establishing your right to benefits or other financial assistance, Lowe Eklund’s attorneys know that when you suffer an injury every little bit matters for you and your family.

Employment Law and Injuries on the Job

Workers’ Compensation

Workplace accidents, injuries, and illnesses typical require analysis of the facts and understanding of a few basic aspects of a particular case.  The first question is whether workers’ compensation is available to cover medical expenses and/or lost wages.  As experienced workers’ compensation attorneys, Lowe Eklund Wakefield Co., LPA can help you from the outset with assembling, filing, and establishing a strong workers’ compensation claim.

Because Ohio employers are required to maintain workers’ compensation insurance in one form or another, most employees will be eligible to apply for benefits.  Whether an injury is work-related, treatment was medically necessary, or other aspects of a claim will be accepted are matters that will need to be further discussed with your attorney.

Negligence Liability

The mere fact that an injury may be covered by workers’ compensation does not negate injured employees’ rights to hold liable parties responsible for their negligence.  While employers have some protection for ordinary negligence as long as workers’ compensation insurance is maintained, third party actors whose negligence causes a workplace injury may be liable for damages suffered.

A simple example would be a delivery driver employee who is injured in the course of a delivery by a drunk driver.  The injured employee would be eligible to receive workers’ compensation.  The employee would also be entitled to pursue a civil lawsuit against the drunk driver, his insurer, and potentially even a negligent liquor license holder. 

Combining vast personal injury experience with employment law experience, Lowe Eklund Wakefield Co., LPA’s attorneys can analyze your particular case to ensure that all parties are held responsible.

Product Liability

Similar to ordinary negligence liability, product liability claims may be brought against manufacturers and suppliers whose dangerous and defective products and equipment causes on-the-job injuries.  Employees in factories, construction, and other manual labor jobs are perhaps more likely to be injured by flawed products or machinery, but the rule applies regardless of the type of employment.

When dangerous products cause injuries at work, the injured employees and their families are entitled to take legal action against those responsible, in addition to pursuing a claim for workers’ compensation.

Schedule Your Free Consultation Today

Lowe Eklund Wakefield Co., LPA provides full-service representation for those injured during the course of their employment.  If you or a loved one suffered a work-related injury or illness, we are here to help.

Call or email now and find out how we can fight for you.

Beyond Workers' Compensation Insurance Free Guide

Topics: product liability, personal injury, Workers' compensation