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Questions From the Average Joe – Personal Injury XV

January 11, 2021

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Q: I was making a delivery for work and was injured when I slipped in the parking lot. Can I sue the place I fell?

A: Whenever you’re injured at work, you likely have a valid worker’s compensation claim. When you’re injured while working due to an unrelated party’s negligence though, you may have an additional lawsuit against that additional party. If you were working outside of your employer’s facility when you were injured, it’s possible that you may have a lawsuit against the owners of the place you were injured.

In these lawsuits, typical rules that apply to non-work-related injuries apply. In the case of a fall, this means you will need to prove that the place you fell can be held legally liable for your injuries. In Ohio, this can be challenging as the law precludes any dangers that are open and obvious, including most snow and ice related falls. That said, it’s not impossible and an experienced attorney can evaluate your claim. Even if you can’t hold the place you were injured liable, an experienced attorney can help you ensure that your worker’s compensation claim resolves in your favor with all of your medical bills paid and appropriate compensation for your time off.

If you were injured at work and think you may be able to sue a third party for your injuries, a conversation with an attorney is the right first step to make sure you get everything you deserve following your injury.

Q: I was denied an x-ray at the hospital due to Covid-19 protocols. Later, I found out my foot was broken, and I walked on a broken foot for 2 weeks. Can I sue the original hospital for my pain and suffering?

A: The global Covid-19 pandemic has placed an unprecedented strain on our healthcare facilities and workers. In response to this, the Ohio legislature has made most medical decisions related to Covid-19 immune to most forms of civil liability. This means it’s likely not possible to sue a doctor for medical malpractice if the decision not to administer an x-ray in the emergency room was related to the hospital’s capacity in light of the hospital’s response to the pandemic. The immunity granted to health care workers during the Covid-19 pandemic is broad and may make certain lawsuits impossible for the next year. That said, it is not absolute immunity. If you suffered as the result of a healthcare worker’s negligence, you may have grounds for a medical malpractice lawsuit.

Though healthcare workers have been inordinately taxed during the last year, people injured by their negligence are still entitled to compensation for their injuries. Though certain malpractice lawsuits may be harder to pursue in the present environment, an experienced malpractice attorney can help you evaluate your claim and determine if a lawsuit is right for you. Medical malpractice lawsuits have always been especially difficult to pursue in Ohio—the pandemic has only made them harder. If you were injured by a medical professional’s negligence, you need an experienced and determined attorney on your side to make sure you get everything you deserve.

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Headshot of Zachary Belcher, Intake Attorney at Nurenberg, Paris, Heller & McCarthy

Zachary Belcher joined Nurenberg, Paris, Heller & McCarthy and ensures that every individual who contacts the firm receives outstanding service and support throughout the intake process.

Zack graduated from Cleveland-Marshall College of Law in 2015 and has handled more than 500 injury cases for clients injured in automobile accidents. He understands the stressful and life-altering situations clients face before seeking a personal injury attorney.

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At Nurenberg, Paris, Heller & McCarthy, we know that over 90 years of success does not come without hard work. We are committed to building resources so that we can achieve the best possible results for clients like you. Put ours to work for you—call our Cleveland personal injury attorney at (216) 230-6382 or complete a free initial consultation form today.

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