Employer torts seek to hold employers accountable in the event of an incident that causes injuries to employees.
The Ohio State Bar Association explains that an employment intentional tort is a claim you would make in addition to a workers’ compensation claim for injuries or death due to a work accident.
An employer tort will allege that your employer intentionally caused the situation in which you suffered an injury. It is similar to a claim of gross negligence under Ohio law.
An Ohio Supreme Court ruling made it very difficult to make this type of case. It requires deliberate intent to harm and to make such a claim, you must prove your employer had an intent to injure or knew injury would certainly occur if it did something specific, such as removing safety equipment.
You have to prove there was an existing situation that the employer changed. You cannot prove this based on safety equipment never having been put in place. You also cannot prove this by showing your employer never supplied safety equipment to protect against a hazard. There has to be a removal of something that created the situation, such as removing barriers.
You also must show intent. Your employer needs to have substantial certainty that its actions would lead to an injury or death. It needs to show a disregard for safety regulations. There must be some knowledge on the employer’s part that its actions would lead to a safety situation where you and other employees could suffer harm.
The bottom line is that there needs to be a change in the situation that your employer made to create unsafe conditions.