Intentional Tort Defense
Ohio Intentional Tort Defense Attorney
In Ohio, intentional tort defense is necessary in only a very small number of work injury cases, but when it comes up, the outcome can be extremely damaging. In all other states as well as Ohio workers’ comp is a no-fault law, and an employee cannot sue for negligence. If the employer is merely negligent, the employee does not have a claim.
But if an employer can be shown to be more than negligent, the employee may have a claim in intentional tort. These claims are usually found in situations where the employer violates serious OSHA safety orders; where the employer tells the employee to complete a task that is excessively and clearly dangerous, and is outside the usual scope of work; where the employer’s request is close to intending that the worker get hurt; etc.
The workers’ compensation system is in place to compensate employees who are injured on the job. But the employer still has the responsibility to maintain a safe workplace, and can be subject to OSHA fines, increased workers’ compensation insurance premiums, and employee lawsuits if standards fail to be met.
LLP has extensive experience defending clients in intentional tort actions. Each case of this nature must be analyzed on its own facts, and depending on the specific circumstances, there can be multiple defenses possible. If necessary, LLP will call on investigators and expert witnesses. Contact us IMMEDIATELY if you believe an employee might bring charges. Your case will require defense from an Ohio employers’ advocate with detailed and experienced knowledge of workers’ comp law.