If you have a loved one who is killed at work in Ohio, it is incredibly devastating. You may search for an explanation or a reason why this happened. You will definitely want to know who is liable, if anyone. This can help you through your grief. However, if you discover that your loved one’s employer is responsible for your loved one’s death, you may want to file a wrongful death lawsuit.
When filing this lawsuit, you take upon the burden of proving the intentional employer tort, according to the Ohio Revised Code. To prove this, you must show the employer committed an act with the intent to cause injury or with the knowledge that by doing this injury could and most likely would happen.
This can be tricky to understand and prove. Essentially, you want to show the employer’s actions were done willfully with the knowledge that someone could be hurt because of them. For example, if the employer removed safety equipment and the removal of that equipment directly led to your loved one’s death, then you could prove your case. Another example would be misrepresenting how dangerous a substance is and allowing workers to work under the assumption the substance was not harmful when in fact it was.
It can be difficult to prove the intentional employer tort in court. However, it may bring you much-needed closure to the situation. While it will not bring your loved one back, some people feel winning such a case can at least bring justice to the person who died. This information is for education. It is not legal advice.