In the event of a 3rd party injury claim arising out of work, the Ohio BWC or the Self Insured Employer (whichever the case may be) has a right of subrogation against any funds the injured worker receives from the 3rd party action in order to recoup any funds it has paid out for wages and/or medical benefits in the BWC claim.
However, on January 14, 2011, the Ohio Sixth Appellate Division issued a decision in the case of State of Ohio Bureau of Workers’ Compensation v. Dernier, Court of Appeals No: L-10-1126, in which it held that a 3rd party tort claim which is settled before the filing of an Ohio Workers’ Compensation claim is not subject to subrogation by the OhioBWC (which would also be the same if the injured worker was employed by a self-insured employer).
So, if it is at all possible, should you be the victim of a 3rd party negligence action while you were on the job, you should seek settlement of the 3rd party tort claim prior to filing a claim for OhioBWC benefits.
There are time limits, so you should consult with a Board Certified Ohio Workers’ Compensation Specialist Attorney before you say or do the wrong thing. Mike Gruhin is a Board Certified Ohio BWC Specialist Attorney. Call now for a free, no obligation consultation. Have your Ohio Workers’ Compensation Claim questions answered by n OhioBWC specialist lawyer.
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