Who Is Responsible For My Accident At Work?
Industrial work environments are inherently dangerous. Even with proper safety procedures, the risk of an accident is high. In many cases, if an industrial worker is injured on the job, he or she can seek workers’ compensation. However, there are certain circumstances where employers are not liable for injuries to their workers. If a non-employee (think of a subcontractor who may be on your job site) injures you at work, you should file a third-party liability claim, as opposed to a workers’ compensation claim.
Understanding Third-Party Liability Claims
When a worker is injured by a third party, he or she must bring a personal injury claim. There are a number of scenarios that this may include, such as:
- You are injured by a subcontractor at your place of work
- You are injured by a defective machine or piece of equipment
- You are injured by another motorist while driving a company vehicle on the clock
These claims can be highly complex and involve multiple parties and multiple layers of insurance. It is essential to work with an experienced personal injury law firm in order to secure rightful compensation.
The Legal Experience You Need
At Chester Law Group Co. LPA, we help injured workers bring third-party liability claims to address medical expenses, lost wages, and pain and suffering. We represent industrial workers, factory workers and those who have sustained manufacturing injuries.
Our attorneys have more than 190 years of combined experience and understand the detailed nuances of these cases. We know how difficult it is to focus on the legal process while you are injured. Our Akron industrial accident lawyers will educate you on your rights and options, and help you make the best decisions for you and your family.
DISCLAIMER: When necessary, Chester Law Group with client consent teams up with litigation co-counsel with trial experience in medical malpractice claims to help clients achieve the best results possible.
DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case. Litigation co-counsel is listed where appropriate.
Traumatic Injury to Mother and Unborn Child/ Cuyahoga County/ Premises Liability/ Wrongful Death
Our pregnant client was severely injured by a motor vehicle while sitting on a bench in front of a commercial establishment. Injuries resulted in a child born with severe brain damage and multiple disabilities. Sadly, the child died within a year of the accident. Liability attached to the premises owner for unsafe condition of the customer parking in relation to the bench. Our investigation uncovered a prior incident and notice to the premises owner of the unsafe condition. Primary recovery from the premises owner for Injuries and Wrongful Death.
Awarded: Total awarded for injuries and Wrongful Death:- $985,000
SPINAL CORD INJURY: PARAPLEGIC; INDUSTRIAL ACCIDENT | ECONOMIC DAMAGES ESTIMATED TO BE OVER $4,000,000.00
Our client suffered a catastrophic spinal cord injury in an industrial accident. The injury resulted in our client becoming a paraplegic. Further details are prohibited by the terms of the nondisclosure agreement. Liability was in serious doubt. Litigation co-counsel was Lynn Lazarro.
Settlement: Confidential Settlement: January 2014
BRAIN INJURY IN A BAR FIGHT | AKRON PERSONAL INJURY LAWYER.
Akron man was injured in a bar fight and suffered brain injuries which required rehabilitation and a hospital stay. The brain injury required surgery to reduce swelling, along with a long rehab process. Litigation co-counsel was Lynn Lazarro. Brain injuries can occur from blunt force trauma that occurs when a person is hit in the head, as is the case here, or when the head hits the dashboard or steering wheel, as in the case of a car accident. The brain itself can be damaged simply by striking the inside of the skull during a whiplash type injury, even if there is no head impact on an external object. This is according to the US Center for Disease Control. The brain damage may not fully show up for weeks or months, and total recovery is not always possible. It requires expert treatment to find and treat all of the various symptoms of brain injury.
Not all brain injuries are dramatic, as in the case above. We often see clients who have trouble remembering phone numbers, lists or people’s names. They can’t find their keys or they forget appointments. It is these little things that can signal that the brain has been injured, and the patient should talk to their primary care physician immediately. Special testing, such as SPECT scans and MRIs, can be used to find the injury and lead to treatment where possible. Vocational rehabilitation can oftentimes help a person cope with the brain injury that may never fully go away.
In my experience, mild traumatic brain injuries are one of the most often missed injuries in the Ohio personal injury field. Perhaps because the symptoms can be so subtle, perhaps because patients do not even know there is a problem or they do not associate it with the recent trauma, or people are too busy treating for obvious, painful injuries, such as broken bones, herniated discs, etc. Just because pain is gone in the body does not mean a person has fully recovered from an Ohio personal injury. Other subtle cues can indicate a more serious, long-term injury has occurred.
Jury verdict: $500,000
TRAUMATIC BRAIN INJURY | SUMMIT COUNTY OHIO SERIOUS INJURY LAWYER.
A 52-year-old Akron man was severely injured when a truck driver from Bolivar turned left in front of him. The accident occurred on SR 241 in Green. The Akron man suffered a traumatic brain injury as well as many other injuries. The small town of Green had three fatalities in 2009 according to the ODPS, with Summit County having 32 fatalities.
On a related note, it is important to note that according to current research, many brain injuries from car accidents go undiagnosed. This is because the symptoms are not always readily apparent, as is the case with serious traumatic brain injuries. Mild traumatic brain injury can cause symptoms such as forgetfulness, dizziness, etc, which many people do not tie to the car accident so they don’t tell their doctors about them. Also, in this day and age of HMOs and managed care, doctors do not always have enough time to ask all the questions to find out about mild traumatic brain injuries unless the person mentions it first. I see this a lot in my Ohio personal injury practice. Also it is important to note that according to the Centers for Disease Control and Prevention, a person does not need to hit his or her head on the dashboard to suffer brain damage. The rapid movement of the brain inside the skull during a rear impact is enough to cause brain damage.
PERSONAL INJURY: T-BONE CAR ACCIDENT. BROKEN RIBS AND FRACTURED VERTEBRAE.
Our client, a middle-aged Ohio resident from Uniontown, Ohio, was injured when her car was T-boned by another vehicle. Our client suffered several broken ribs and other broken bones, include two fractured vertebrae. The client underwent rehabilitation. No surgery was needed as all of the fractures healed on their own with a full recovery.
Awarded: $175,000: January 2014
PASSENGER SUFFERS CONTUSIONS | STARK COUNTY MOTORCYCLE ACCIDENT.
A 32-year-old female from Massillon was the passenger on a motorcycle when it was involved in an accident on SR 172 in Canton. A Canton man failed to yield forcing the motorcycle to fall to the road. She was taken to the hospital by EMS were she was treated for multiple sprains, strains and contusions.
MULTIPLE SPRAINS AND STRAINS | STARK COUNTY SERIOUS INJURY.
On Route 687 in Jackson Township there was an accident involving a 45-year-old Louisville man and a woman from Massillon. The Massillon woman rear-ended the man; he suffered a herniated disc, multiple sprains and strains.
TORN ROTATOR CUFF | CUYAHOGA COUNTY SERIOUS INJURY.
An accident on I-480 in Warrensville Heights had a 50-year-old man from Mantua suffering from a torn rotator cuff after a Lyndhurst man lost control and went across three lanes of traffic striking the side of his car.
HERNIATED DISC | LORAIN COUNTY SERIOUS INJURY.
A 24-year-old male from Oberlin was in an accident on West Ave. and 15th St. in Elyria. He was taken to the hospital when the other car driven by a female from LaGrange failed to yield and turned in front of him. He was treated for a herniated disc.
SERIOUS CANTON ACCIDENT | STARK COUNTY MOTORCYCLE CRASH LAWYER.
A Canton man was involved in serious motorcycle accident. Client fractured his collarbone and ankle, and had surgery to repair injury. Motorcycle injuries are some of the worst type of collisions I see in my Ohio personal injury practice. The motorcycle provides almost no protection from the impact of the two-ton or more vehicles. We often see these types of injuries in pedestrian accidents also. The human body cannot withstand the force created by the car moving at high speed. The motorcycle accident can be even worse because the motorcycle can be moving at high speed, and a tap by a car can send the motorcycle rider flying into the air and land a long distance from the bike. The force at impact from the speed of the motorcycle leads to many brain injuries as well as catastrophic orthopedic injuries, such as spinal compression and burst fractures, compound fractures of the arms and legs and collapsed lungs if the bike lands on the client. Wearing a helmet may protect the brain to some degree, but not the neck and rest of the body. This is why safety and careful attention to the road is critical for all motorcycle drivers. You may be a great rider, but you have to avoid the car drivers who may not be such good drivers. A small mistake on their part that might cause a fender bender if you were in a car can kill you or cripple you if you are on a motorcycle.
Awarded: $100,000 (policy limits)
MULTIPLE FRACTURED RIBS | STARK COUNTY SERIOUS INJURY.
A three-car accident on SR 800 in Pike Township happened when a Canton man rear-ended a 79-year-old man from Dalton, pushing him into oncoming traffic. The man suffered head contusions and multiple fractured ribs.
>MAN RUNS STOP SIGN | LORAIN COUNTY SERIOUS INJURY.
An accident occurred on Fulton Rd. in Lorain when a man failed to stop at a stop sign. A 34-year-old man from Lorain suffered from multiple sprains, strains, and rotator cuff injuries.
CERVICAL SPRAINS | STARK COUNTY SERIOUS INJURY.
A 33-year-old female school bus driver from Uniontown was injured when a Canton man ran a red light. The accident happened on High Mill Ave. in Jackson Township. The bus driver suffered cervical sprains as well as disc herniations.
STRUCK BY A DRUNK DRIVER | NORTHEAST OHIO DRUNK DRIVER ACCIDENT LAWYER.
A 39-year-old Ohio male struck by a drunk driver and suffered multiple injuries. Drunk drivers are especially dangerous on the road because their reaction time is much slower than normal drivers. Accidents that could have been avoided by sober drivers may not be avoided by those under the influence of alcohol or drugs. In Ohio, the person who is drunk is presumed to be at fault for the accident. This is a rebuttable presumption. Also, the drunk driver may be forced to pay punitive damages by a judge or jury. These are damages above and beyond the actual monetary value of the damage they have caused. They are designed to punish the person for their actions. The injured person gets to keep the punitive damages as a sort of bonus payment. Also, a recent Ohio Supreme Court decision states that auto insurance companies have to pay for attorney fee awards associated with punitive damage awards unless their policy specifically excludes the coverage.
PEDESTRIAN STRUCK BY MOTORIST | OHIO PEDESTRIAN ACCIDENT ATTORNEYS.
Client was a pedestrian walking to her car in a bank parking lot when she was struck by a motorist. Upon impact she struck her head on the pavement. Client suffered multiple injuries.
In this case, the client was especially in trouble because she was hit by a car and struck her head on the ground. The force of the impact would have been enough to cause serious brain injury, although thankfully that did not happen here. The force from a car is enough to shatter human bone, and the person being thrown from the scene and striking the ground is enough to force another set of ground impact injuries. When you combine the injuries from initial impact with the vehicle with the subsequent impact injuries with the ground, it is understandable why pedestrian accidents in Ohio can lead to much more serious injuries on average than car accidents. You can walk away from a 5 mph fender bender when you are in a car, but the same impact on a walking pedestrian can be massive. As you know physics state that the force of impact equals mass of the object hitting you and the acceleration of the object hitting you. With a heavy car, you do not need much speed to cause catastrophic damage, including death. Common sense tells you this. In my experience, I have seen some of the worst injuries suffered by pedestrians. If you are not thrown from the scene, you may end up under the car and crushed. These sets of injuries in my experience usually are fatal if not treated quickly.
MOTORCYCLIST INJURED BY DRUNK DRIVER | OHIO MOTORCYCLE ACCIDENT LAWYER.
50-year-old motorcyclist injured by an intoxicated driver who was also driving under suspension. He was transported to the emergency room. Diagnosed with a rotator cuff tear that required surgery and a lengthy rehabilitation process.
As stated in previous posts, drunk drivers cause many avoidable accidents because of their slower reaction time. Add to this the catastrophic injuries caused when a person falls or is thrown from a moving motorcycle, and the results can be deadly. Cars offer a lot of cushion and impact absorption that just does not exist in motorcycles. Instead of a car’s metal absorbing the impact, the human body does the absorbing. The impact itself may not do as much damage as the resulting fall from the bike and impact with the road or curb. If the car hits the side of the bike, leg crush injuries are the usual result.
MINOR INJURIES | MAHONING COUNTY SERIOUS INJURY.
A 17-year-old man from Canfield was injured when a Campbell woman ran a stop sign and hit the driver’s side of the car. The accident occurred on Indianola Ave in Youngstown.
CAR STRUCK BY POLE | STARK COUNTY SERIOUS INJURY.
A 52-year-old Louisville man was traveling on I-77 in Plain Township when a woman from Louisville hit a pole causing the pole to fall on his car. He was treated for a dislocation of cervical vertebrae and sprains and strains.
PASSENGER SUFFERS HEAD INJURIES | TRUMBULL COUNTY SERIOUS INJURY.
A 37-year-old man from Niles was injured in an accident on Federal St. in Niles. He was the passenger in a vehicle driven by another Niles man; the driver was drunk and lost control of the vehicle turning in front of another vehicle. He suffered from a head injury and fractured ribs.
NERVE INJURIES | SUMMIT COUNTY SERIOUS INJURY.
A North Canton woman slowed for traffic on I-77 in Coventry when she was rear-ended by a Massillon man. The 31-year-old woman suffered sprains and nerve injuries.
DRIVER SLIDES ON ICE | LAWRENCE COUNTY SERIOUS INJURY.
A 16-year-old female from Massillon was a passenger in a vehicle on I-77 in Lawrence when a car being driven by a man from Canton slid on ice and rear-ended the vehicle. She sustained sprains and strains.
HERNIATED DISCS AND SPRAINS | CUYAHOGA COUNTY SERIOUS INJURY.
A 19-year-old man from Garfield Heights was involved in an accident with a Cleveland man. The accident occurred on Transportation Blvd. in Garfield Heights. He suffered a herniated disc and multiple strains.
MAN RUNS RED LIGHT | MEDINA COUNTY SERIOUS INJURY.
A 47-year-old man who resides in Homerville was involved in an accident on I-71 in Medina. He suffered from cervical and lumbar disc herniations after a Seven Hills Man ran a red light.
HIT SKIP WITH NO INSURANCE | CUYAHOGA COUNTY SERIOUS INJURY.
On SR 43 in Bedford Heights a 32-year-old Stow man was rear-ended in a hit skip. He sustained multiple sprains and a herniated disc. The other driver, a female from Warrensville Heights, was found but had no insurance.
MULTIPLE SPRAINS | CLINTON COUNTY SERIOUS INJURY.
An accident occurred on SR 82 in Vienna when a Vienna woman failed to yield in front of a 38-year-old man from Fowler. The gentleman was treated for multiple sprains and strains.
HERNIATED DISC AND SPRAINS | SUMMIT COUNTY OHIO SERIOUS INJURY LAWYER.
A school bus driver from Wadsworth cut a corner too close and pushed a 49-year-old man’s car into a fire hydrant. The Copley man suffered a herniated cervical disc and multiple sprains. The accident took place on Reserve Rd. in Summit County. There were 795 school bus accidents in which the bus drivers were in error in 2009 according to the ODPS. The city of Copley had 120 injuries and only one fatality in 2009. It is important to know that buses pose a very real risk on Ohio roads because of their massive weight. A bus does not need to be going very fast in order to injure a person in a much lighter car or truck. Once injured, the value of a person’s case is determined by many factors including the extent of the injury and the length and severity of physical pain and emotional suffering directly caused by the accident, as well as how much insurance is available to pay for the injuries. No two cases are alike because no two injuries are alike and the damage to one’s life from an accident is different for each person. This is why it is important to talk to an Ohio personal injury lawyer about your particular facts before considering settling with the auto insurance company.
REAR-ENDING CAUSES HERNIATED DISC | LUCAS COUNTY SERIOUS INJURY.
A woman from Holland, Ohio, rear-ended a 35-year-old man from Toledo. The incident happened on Starr Ave in Oregon, when the man had slowed to make a turn. He suffered sprains and a herniated disc.
LUMBAR DISC HERNIATIONS | SUMMIT COUNTY SERIOUS INJURY.
A 41-year-old Akron female was involved in a three-car accident with a man from Akron on I-77 in Akron. She was treated for sprains, strains and lumbar disc herniations.
CAR ACCIDENT: WRONGFUL DEATH: MIDDLE-AGED NORTHEAST OHIO MAN DIED. ALMOST $900,000 IN ECONOMIC DAMAGES.
Our client was a middle-aged man from northeast Ohio. He was killed in an auto accident. His future lost wages and other economic damages totaled almost $900,000. Liability was in doubt on this case. We argued that the party at fault crossed a double yellow line on the road. The case was settled before a jury trial was necessary. Our sincere condolences to his family. Litigation co-counsel was Lynn Lazarro.
Awarded: Confidential Settlement: January 2014
- Back & Spinal Cord Injuries
- General Personal Injury
If it wasn’t for attorney Chester, I would have been in a very bad situation. Thank You for being available for me.
– George W.
Don’t Assume You Won’t Qualify For Personal Injury Compensation
Even if you are receiving workers’ compensation for an injury, you may still be able to file a personal injury claim and receive additional compensation. Each case is different, so we encourage you to contact our Ohio law firm to learn more.
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