Ohio § 4123.77 Common law defenses denied to noncomplying employers

Ohio Statutes

§ 4123.77 — Common law defenses denied to noncomplying employers

Ohio § 4123.77

Title 41Labor and Industry

Ch. 4123Workers' Compensation

This text of Ohio § 4123.77 (Common law defenses denied to noncomplying employers) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 4123.77 (2026).

Text

Private employers who fail to comply with section4123.35of the Revised Code are not entitled to the benefits of sections4123.01to4123.94, inclusive, of the Revised Code, during the period of such noncompliance, but are liable to their employees for damages suffered by reason of personal injuries sustained in the course of employment caused by the wrongful act, neglect, or default of the employer, or any of the employer's officers, agents, or employees, and also to the personal representatives of such employees where death results from such injuries, and in such action the defendant shall not avail self of the following common law defenses:

(A)The defense of the fellow servant rule;

(B)The defense of the assumption of risk;

(C)The defense of contributory negligence. Such employers

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Private employers who fail to comply with section4123.35of the Revised Code are not entitled to the benefits of sections4123.01to4123.94, inclusive, of the Revised Code, during the period of such noncompliance, but are liable to their employees for damages suffered by reason of personal injuries sustained in the course of employment caused by the wrongful act, neglect, or default of the employer, or any of the employer's officers, agents, or employees, and also to the personal representatives of such employees where death results from such injuries, and in such action the defendant shall not avail self of the following common law defenses:

(A) The defense of the fellow servant rule;

(B) The defense of the assumption of risk;

(C) The defense of contributory negligence.

Such employers are subject to sections4123.37and4123.75of the Revised Code.