Workers’ Compensation Insurer Joins Plaintiff In Lawsuit Against Township
The Ohio Bureau of Workers’ Compensation has asked to team up with a plaintiff in a lawsuit involving a commercial truck driver who was injured by a negligent tractor driver employed by an Ohio township. The commercial truck driver filed a lawsuit against the township seeking damages for his injuries. The Ohio Bureau of Workers’ Compensation asked to join the plaintiff in his efforts.
The injured truck driver named the Ohio Bureau of Workers’ Compensation as a defendant in case his claim was subrogated to the bureau. In this case, the plaintiff wanted OBWC to either assert the claim was subrogated in court or be barred from asserting a subrogation claim at all.
In response to the motion of OBWC moved to “realign” itself with the plaintiff’s claims and assert a claim of their own against the township and the employee. The Bureau claims it has paid over $60,000 to the plaintiff and asks that any monies received in the civil judgment be used to reimburse them for claims already paid. The OBWC thus concluded its interests were more aligned with the plaintiff’s than the defendant’s.
The township responds
The township is denying all allegations made by the plaintiffs. That includes that the tractor driver was negligent or that the township is responsible for the conduct of their driver even if he was negligent.
According to the plaintiff, he was attempting to turn when another vehicle, a tractor, turned up in front of him blocking his lane. The truck was forced to move as far to the side of the road as possible, but slid down an embankment. The truck driver blames the tractor driver for his injuries. He was attempting to avoid an obstruction caused by the tractor driver when he was injured. Hence, the plaintiff claims, the tractor driver is responsible for his injuries. Since the tractor driver was employed by the township, the township is responsible for his injuries.
Since the Ohio Bureau of Workers’ Compensation has already paid out $60,000 toward the injured party’s damages, they also hope that the plaintiff wins his lawsuit because they would get reimbursed for that money from the township. The township wants to claim that they are protected by qualified immunity and other legal limitations on lawsuits filed against government employees for negligence. The plaintiff says that he has suffered a permanent impairment that prevents him from doing his job.
If the tractor driver is found negligent for his conduct then the township would be liable for the plaintiff’s injuries and the Ohio Bureau of Workers’ Compensation would collect the $60,000 they’ve already paid to the plaintiff.
Talk to a Miami Workers’ Compensation Attorney
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