Construction Site Injuries in Ohio

Ohio law requires every employer to furnish safe employment and a safe place of employment for employees and 'frequenters' (people on the site who are not trespassers), with safety devices and safeguards. An injured worker's claim against a complying employer is through workers' compensation: the employer is not liable in damages for workplace injuries, except for an intentional tort, which requires proof the employer acted with intent to injure or with deliberate intent (deliberate removal of a safety guard creates a rebuttable presumption of intent). The worker may still sue third parties such as other contractors or equipment makers, subject to the workers' comp subrogation right.

Modified comparative fault (51% bar). An injured person can recover as long as their own fault was not greater than the combined fault of all other persons; damages are reduced by the injured person's percentage of fault. A person found more than 50% at fault recovers nothing.

An action for bodily injury must be filed within two years after the cause of action accrues, which is generally when the injury occurs. For injuries from exposure to certain substances (such as hazardous chemicals, prescription drugs or medical devices, or asbestos), the clock starts when the person learns, or reasonably should have learned, that the injury is related to the exposure.