More details to this question:
I went to a mandatory meeting at my workplace. A waffle iron was setting on the sink, and a cook was using an industrial size onion cutter on the otherside of the sink. The vibrations from the chopper caused the waffle iron to fall, and cut the back of my foot wide open. I had to have seven stitches in my foot. This is not the first workman's comp claim I have. I watched the DVR and I was standing away from the sink, point being that this was not my fault.
1 ANSWER
You have a WC claim only.
Your were injured in the scope and course of your employment, to wit: attending a mandatory meeting. The cook is a co-employee.
Under OH WC law, WC is a no-faut system, so negligence is not an issue. The OH Constittution precludes negligence claims against co-employees and employers for workplace injuries.
To be able to sue your employer, you would have to be able to prove that your employer intentionally caused your injury with the specific intent to hurt you.
Answered on May 07th, 2016 at 6:10 AM
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