A Cincinnati construction worker was seriously injured on Friday, April 5, 2019 while 300 feet in the air. He was rescued by fire fighters.
He was on a crane at Cincinnnati Children's hospital lubricating the cable. He was caused a severe laceration to his upper arm that was life threatening,
Luckily the injured worker was able to use his cell phone to call 911. He was an employee of Messer Construction.The fire fighters could not use the crane's internal stairwell, so they had to gently lower him down. Early reports were that he was taken to University Hospital for emergency surgery. http://www.fox19.com/2019/04/05/construction-worker-trapped-crane-childrens-hopsital/
Legal Commentary by Construction Injury Lawyer
When a construction accident injury occurs like this you may be wondering what legal remedies the injured construction worker might have. Since his workplace injury occurred in Ohio then Ohio law would govern. Thus, the hurt contruction employee would have a claim for Ohio workers' compensation benefits as he was injured in the course of and arising out of his empoyment, Source Ohio Bureau of Workers' Compensation
What is Meant by Course of and Arising Out of Employment in a Workers' Comp Claim
In order to have a valid workers compensation you must show you were injured in the course of and arising out of employment. This is a technical legal term. The phrase "in the course of employment" limits compensable injuries to those sustained by an employee while performing a required duty in the employer's service. Indus. Comm v Ginter 128 Ohio St 129
The phrase "arising out of employment" means that the injury was caused as a result of the employment. Brailey v Daugherty. In this case it is pretty obvious that the injured crane worker was doing work for his employer and that his injury was caused as a result of the employee doing his job. Therefore, the injury appears to be one that would be covered by Ohio Workers' Compensation.
Can I Sue My Employer for a Work Related Injury
Many injury victims hurt while working want to know if they can sue their employer. The general answer is no. However, in the very rare case that the acts of the employer that injured you were intentional ,then you may be able to sue your employer for compensation above and beyond the workers compensation system. It is very difficult to sue your employer in Ohio. R.C. 2745.01 One case that is common is the intentional removal of a safety guard. This could cause employer liability.
Anthony Castelli attorney of the Law Office of Anthony D. Castelli has significant experience for over 30 years in personal injury and workers compensation. He is a teacher, author, litigator, mediator and arbitrartor. He can be reached at 513-621-2345.