Generally, employees cannot sue their employer for damages due to injuries sustained within the course and scope of employment. An exception to the exclusive remedy provided under the workers’ compensation system is available where an employer’s conduct is deemed to be intentional.
In order to establish an intentional tort claim in a state such as Ohio, an employee must prove:
- That an employer had knowledge of the existence of a dangerous condition within its business operation;
- That an employer had knowledge that by subjecting an employee to such a dangerous condition, harm was substantially certain to occur; and
- With that knowledge, an employer required its employee to continue to perform the dangerous task.
Taft attorneys are adept and experienced in defending these actions and assisting our clients in the prevention, investigation, and defense of intentional tort claims throughout the litigation process.