Generally, Ohio’s workers’ compensation system is the sole source of recovery for injured workers. But an exception exists for damages an employee sustains because of an intentional act committed by the employer during the employee’s course of employment.
An employer can be found liable to an employee for damages for an intentional tort if the employer committed a wrongful act with the intent to injure the employee or with the belief that injury was substantially certain to occur. For instance, when an employer deliberately removes a safety guard or deliberately misrepresents a toxic or hazardous substance, it is rebuttably presumed that the employer committed the act with the intent to injure the employee. Other circumstances may qualify, and each case is unique.
John Brooks Cameron & Associates litigates both workers’ compensation claims and employer intentional tort cases, and we have the experience to recognize what may seem like a standard worker’s compensation claim may be an employer intentional tort claim too.
If you feel like you may have a claim against your current or former employer for an intentional tort, contact us for a free in-depth consultation.