Can my Columbus job punish me for suing over a failed airbag?
The worst mistake people make is believing workers' comp is the only claim and staying quiet because they are scared their employer will cut hours or push them out.
Picture a Columbus employee riding between job sites on I-70 during harvest season, when a grain truck slows traffic and a crash happens. The airbag is supposed to deploy but fails, and her abdomen hits the wheel. She is pregnant, terrified about the baby, and a supervisor tells her not to "make this bigger" if she wants to keep her schedule. That advice is wrong in two different ways.
First, in Ohio, a defective airbag, seat belt, tire, brake, or medical device can create a separate claim against the manufacturer under the Ohio Product Liability Act. That is not the same as a workers' comp claim. If a shop or installer put the part in wrong, that business may also be liable. A seller is usually not the main target unless it made its own promises about safety, altered the product, or the manufacturer cannot be reached.
Second, Ohio law bars retaliation for filing a workers' compensation claim. Under R.C. 4123.90, if an employer fires, demotes, reassigns, or otherwise punishes you for pursuing comp, there are short deadlines: generally 90 days for written notice to the employer and 180 days to bring the retaliation claim.
Myth: "If there's a recall, the case is automatic." No. A recall helps, but you still need the product preserved and the defect tied to the injury.
Do these early:
- Preserve the vehicle and failed part if possible.
- Get the crash report and any repair records.
- Check for NHTSA recalls.
- If you are pregnant, get fetal monitoring, OB follow-up, and records showing abdominal impact, contractions, bleeding, or reduced movement.
Ohio's minimum auto insurance is only 25/50/25, which is one reason third-party product claims matter when injuries are serious.
This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.
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