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workplace injury cases

Workplace injury lawsuit funding

Third-party work-injury advances. Ohio BWC does not preclude funding. $500–$25,000. Non-recourse.

Ohio is a monopolistic workers' comp state — the Bureau of Workers' Compensation (BWC) is the exclusive workers' comp carrier. That means most work injuries go through BWC (which pays medical + a portion of wages, no pain-and-suffering) rather than a lawsuit. But when a third party — a subcontractor, an equipment manufacturer, a driver of a delivery truck, a property owner — caused the injury, plaintiffs can (and often do) file a separate personal-injury lawsuit alongside the BWC claim. Instabridge funds those third-party cases.

The case type

What a workplace injury case is.

A third-party work-injury lawsuit is a personal-injury case against someone other than your employer (whose immunity comes from Ohio Rev. Code § 4123.74). BWC's subrogation lien attaches to any recovery — Ohio requires BWC be paid back from the settlement — but the case is otherwise a normal PI case. Pre-settlement funding is fully compatible with an open BWC claim; the two are legally separate.

Who we typically sue

Common defendants in these cases.

  • A subcontractor or general contractor on a multi-employer jobsite
  • The manufacturer of the defective equipment or machinery
  • A property owner (premises liability at the worksite)
  • A delivery driver or transport company (work-vehicle collisions)
  • An engineering firm (design-defect claims)
  • The employer itself under Ohio's Employer Intentional Tort statute (§ 2745.01) — high bar, rare recoveries
Evidence that matters

What strengthens the case (and your funding chances).

  • OSHA-required incident report
  • Employer's BWC First Report of Injury (FROI)
  • Photos of the hazard, machinery, or worksite
  • Names of co-workers and independent witnesses
  • Copies of prior safety complaints or near-miss reports
  • The relevant equipment's manual, inspection log, and any recall notices
  • Your BWC claim number and status
Case scenarios

How these cases actually look.

Construction-site fall or crush injury

Multi-employer jobsites are the most common Ohio third-party work-injury profile. GC vs. sub liability turns on OSHA violations and the specific site-safety plan. These cases are often high-value; funding demand is common because they take 18-30 months.

Machine-guard failure or defective equipment

Product-liability layer against the manufacturer — Ohio Product Liability Act (§ 2307.71 et seq.) governs. Recoveries can be substantial; the four-year statute gives more evidence-gathering time.

Delivery-driver work-vehicle crash (third-party at fault)

Injured while driving for work + a civilian driver was at fault = both BWC and a third-party PI claim. Very common in Ohio.

Legal context

Statute, damages, and Ohio-specific rules.

Statute of limitations

Two-year statute for bodily injury (§ 2305.10). Employer Intentional Tort claims have their own two-year statute (§ 2305.10 read with § 2745.01) but the substantive bar is very high — 'deliberate intent' to cause the injury is required. Product-liability claims against equipment manufacturers run four years from injury under § 2305.10(A).

Typical settlement range

Third-party work-injury settlements track injury severity and the coverage available. Amputation, spinal, and TBI cases from industrial accidents in Ohio commonly settle $250K–$2M+. BWC's subrogation lien reduces the plaintiff's net — a factor we always underwrite around.

Our funding process

How Instabridge funds workplace injury cases.

We ask for the BWC claim documentation, the third-party demand or complaint, current medicals, and — importantly — an estimate of BWC's subrogation lien. That lien is subtracted from the projected recovery before we size the advance.

Common questions

Questions plaintiffs actually ask.

Can I get funding if I have an open BWC claim?

Yes, as long as there is a separate third-party lawsuit or clear demand pending against someone other than your employer. BWC does not fund lawsuit costs and its benefits typically don't cover full lost income; pre-settlement funding is a common bridge.

Does BWC's lien affect how much I can get?

Yes. We underwrite the net recovery (projected settlement minus BWC's subrogation claim, attorney fees, and expenses). Your attorney's assessment of the lien is a key underwriting input.

What is the Employer Intentional Tort statute and does it help me?

Ohio Rev. Code § 2745.01 allows suing the employer directly only when the employer 'deliberately intended' to cause the injury. The bar is extremely high — a design-defect claim against the equipment maker is almost always a stronger legal path.

If you lose, you owe $0

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