Suing a Coworker Over a Medical Emergency at Work in Ohio: What Workers' Comp Allows

Attorney Answer

In most cases, no. Ohio law bars a lawsuit against a coworker for an injury that workers' compensation covers. That makes the comp claim the first question, not the last: if your injuries are compensable, comp is your remedy, and it must be started within one year.

The coworker rule. Ohio Rev. Code § 4123.741:

No employee of any employer, as defined in division (B) of section 4123.01 of the Revised Code, shall be liable to respond in damages at common law or by statute for any injury or occupational disease, received or contracted by any other employee of such employer in the course of and arising out of the latter employee's employment, or for any death resulting from such injury or occupational disease, on the condition that such injury, occupational disease, or death is found to be compensable under sections 4123.01 to 4123.94, inclusive, of the Revised Code.

Read the last clause closely. The protection applies “on the condition that” the injury is found compensable. So the answer to your question runs through the comp claim.

Is it compensable? Ohio Rev. Code § 4123.01(C):

(C) "Injury" includes any injury, whether caused by external accidental means or accidental in character and result, received in the course of, and arising out of, the injured employee's employment.

Whether injuries suffered during a seizure at work arise out of the employment depends on the facts: where you were, what you were doing, and what caused the injuries. That is the question the comp claim decides, and it is worth filing promptly so it gets decided.

Your employer. Ohio Rev. Code § 4123.74 gives a complying employer the same kind of protection, and without the condition, “whether or not” the injury is compensable. With narrow exceptions a lawyer can assess, your employer cannot be sued for a work injury either.

If the claim is denied. If comp finds your injuries are not compensable, the coworker rule's condition is not met. Whether you could then bring a claim against her is a separate question, and one for a lawyer who has your records.

The deadline. Ohio Rev. Code § 4123.84(A):

(A) In all cases of injury or death, claims for compensation or benefits for the specific part or parts of the body injured shall be forever barred unless, within one year after the injury or death:

(1) Written or facsimile notice of the specific part or parts of the body claimed to have been injured has been made to the industrial commission or the bureau of workers' compensation;

What you can do

1. File a workers' compensation claim with the Ohio Bureau of Workers' Compensation, naming every injury you suffered.

2. Get the ambulance and hospital records for that day. They fix when help arrived and what your injuries were.

3. Ask your employer for any incident report made about the seizure, and keep your own copy.

4. Keep a list of anyone who saw what happened, including the passerby if you know who it was.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Ohio attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. A workers' compensation claim must be started within one year of the injury under Ohio Rev. Code § 4123.84(A), most simply by notice to the Bureau of Workers' Compensation of each part of the body that was hurt. Have a lawyer or the bureau confirm your claim is on file well before then.