Legal Question in Workers Comp in Ohio

That is a very good question. In some instances, a simple request via letter or telephone will get the job done. In other instances, depending on the status of your claim, you may need to take more formal measures (e.g., subpoena, motion to compel, etc.). If you have any further questions, feel free to contact us. Thank you.

Andrew R. Tobergte, Esq.

McKenzie & Snyder LLP

513-737-5180 ext. 22

Of course, Mr. Tobergte is correct that you have nothing to lose by just asking for the evidence. However, your employer's response may be affected by the nature of the evidence you are intending to discover. Whether a subpoena or motion to compel will be successful depends on why the employer has decided not to produce the video. If it is a surveillance recording for purposes of impeachment of employee claims against the company, they may not be required to produce it until you have been deposed. If it is evidence gathered pursuant to a request by their lawyer, it may be subject to a claim the video is not discoverable under the work product doctrine.

So here is what I would do: Make a direct request in writing for the video. If that doesn't work, consider hiring a comp attorney in your geographic area to handle the claim.

Good luck.