Dog Attack at work

[ohst8nut]

What is the name of your state (only U.S. law)? ohio
I work for a local electric company, reading meters, I entred a yard to read a meter, and I was attacked by the owners dog. I recieved 5 bites on my hip and thigh, a bite to my stomach area, and a bite on my right hand. I was treated at the ER that day and have had 4 doctors appointments since, and more to come. I am in pain(alot), will probally need ultrasound therapy. The problem with this is I was never supposed to be in that yard, my company had the wrong address entered into my handheld that morning. I missed a weeks worth of work, and now I am on light duty. My concern lies with the scar tissue and other issues that may suface later. Due I have a right to seek legal action? If I due will they have a reason to fire me? I understand about workers comp, but Im more mad that it should not of even happened, if the address was entered correctly. any info would be greatly appreciated.

 

[Dave1952]

In Ohio (and most other places) workman's comp ensure that workers do get treated for injuries and that workers may not sue their employers or co-workers. There are some exceptions, so look in the local phone book for a workman's comp. lawyer who offers a free initial consult.
I don't think you have a case.

Good luck

 

[pattytx]

The exception to Worker's Comp being the sole remedy for a work injury is gross negligence on the part of the employer, and that would be only determined by a judge. I don't see a judge saying that a simple mistake entering an address constituted gross negligence.

 

[BOR]

The exception to Worker's Comp being the sole remedy for a work injury is gross negligence on the part of the employer, and that would be only determined by a judge. I don't see a judge saying that a simple mistake entering an address constituted gross negligence.

NO, in Ohio, in order to sue an employer who also is liable for a WC claim, it has to be an "Intentional Tort".

Ohio Constitution:

Constitution Online

Now, this says an employer shall not be responsible, but the case law says different, Blankenship v. Cincinnati Milacron, OSC.

I was involved in a cased once with a former employer and remember the case name.

8nut, you can't be legally fired for submitting a WC claim as far as I understand the law, emphasis on legally, employers do what they wish.

I did not look, but Ohio used to have a "Strict liablity" for a dog bite from the owner, FEW case law exceptions, such as a person provoked the dog, etc.

 

[pattytx]

The key word, however, still being "intentional".

 

[BOR]

The key word, however, still being "intentional".

Negligence is rarely intentional though.

 

[CJane]

Negligence is rarely intentional though.

You stated that in order to sue an employer who is also liable for a WC claim, it has to be an "Intentional Tort".

From: Intentional Torts - Malice Willfulness Outrageous Misconduct

Intentional torts are different from negligence claims, in that intentional torts are the infliction of injury or damage to property that was carried out with malice, willfulness or reckless disregard for the other person's rights.

Unless OP could show that the data entry person INTENTIONALLy entered therong address, KNOWING that it was the wrong address AND that OP was likely to be attacked/injured, I don't see how he'd have a case against his employer.

The dog owner? Absolutely.

 

[BOR]

Unless OP could show that the data entry person INTENTIONALLy entered therong address, KNOWING that it was the wrong address AND that OP was likely to be attacked/injured, I don't see how he'd have a case against his employer.

Jane, it can better be defined by direct Ohio law instead of a general definition.


http://codes.ohio.gov/orc/2745


If such intentional tort were committed on an employee, he would have remedy not only through the WC system, but also by a private civil suit.


I said negligence is rarely an intentional tort, maybe I should have said never, but I left the door open??