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Ohio · workplace

Workplace settlements
in Ohio.

By 6 min read

Ohio applies modified-51 comparative fault and is one of the few US states imposing a general (not just med-mal) non-economic damages cap, capped at $250,000 or 3× economic damages with $350,000–$500,000 ceilings. For workplace claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Ohio's modified comparative — 51% bar and any applicable statutory cap.

Ohio applies modified comparative negligence with a 51% bar. A workplace claimant who is 50% at fault still recovers 50% of damages; one assigned 51% recovers nothing. This is slightly more claimant-friendly than the 50% bar applied in some neighbouring states, and it leaves room for negotiation in mixed-liability workplace cases where the comparative-fault split is close to even.

Workplace injuries in Ohio run on a parallel track to general tort recovery: workers' compensation is the primary remedy against the employer, with third-party tort claims (against a contractor, equipment manufacturer, or non-employer driver) layered on top. Ohio's caps (non-economic damages cap (general), punitive damages cap) apply to the third-party tort track only, and the workers' compensation insurer typically holds a subrogation right against any tort recovery.

band · US federal frame
Scheduled statutory benefits — no pain-and-suffering award
Workplace injury (workers compensation)
State workers-compensation schedules; value tracks the impairment rating, the wage rate and future medical, and most claims close by compromise-and-release rather than verdict.

The US band is the starting point. Ohio's fault rule and any applicable cap then adjust the figure.

OH · statute of limitations
2 years from date of injury

Ohio Rev. Code § 2305.10

OH · fault rule
Modified comparative — 51% bar

Modified comparative — recovery barred at 51% claimant fault.

OH · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in Ohio.

workplace · same region & fault regime

Compare to like jurisdictions.

How Ohio's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for workplace claims.

JurisdictionFault ruleLimitationWorkplace page
Ohio · you are hereModified comparative — 51% bar2 years from date of injury
South DakotaPure comparative negligence3 years from date of injurySD · workplace
WisconsinModified comparative — 51% bar3 years from date of injuryWI · workplace
IllinoisModified comparative — 51% bar2 years from date of injuryIL · workplace
IndianaModified comparative — 51% bar2 years from date of injuryIN · workplace
IowaModified comparative — 51% bar2 years from date of injuryIA · workplace
KansasModified comparative — 50% bar2 years from date of injuryKS · workplace
OklahomaModified comparative — 51% bar2 years from date of injuryOK · workplace
OregonModified comparative — 51% bar2 years from date of injuryOR · workplace
PennsylvaniaModified comparative — 51% bar2 years from date of injuryPA · workplace
South CarolinaModified comparative — 51% bar3 years from date of injurySC · workplace
Rhode IslandPure comparative negligence3 years from date of injuryRI · workplace
TennesseeModified comparative — 50% bar1 year from date of injury — among the shortest in the USTN · workplace
OH · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

editorial note

Figures on this page are starting points: the US band adjusted for Ohio's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Ohio. See /methodology, /sources, and /disclaimer.