As we have said before in this blog, in Ohio you generally are not allowed to work while receiving workers’ compensation benefits. The purpose of workers’ comp is to help people who were injured on the job badly enough that they must stop working, at least temporarily. Earning an income while still collecting workers’ compensation proves you are no longer entitled to the latter payments, and is against the law.
In our last blog post, we discussed the five elements of negligence, and went into a bit of detail on the first two: duty and breach of duty. Today, we will explore the next two elements that plaintiffs must prove to win in court: cause in fact and proximate cause.
In any personal injury case, including accusations of medical malpractice, the plaintiff is expected to prove five elements to be true. These elements are Duty, Breach of Duty, Cause in Fact, Proximate Cause and Damages. It is the job of the defendant’s attorney to refute the plaintiff’s claims and show the evidence does not support one or more of these elements of a personal injury claim.