The employer shall not be liable unless the plaintiff proves that the employer committed the tortious act with the intent to injure another. Learn when you can sue your Ohio employer for intentional torts after a work injury, despite workers' compensation protections.Ohio recognizes an exception that allows an injured worker to file Workers' Compensation claim and a claim for an employer intentional tort. While you may be able to file a lawsuit against your employer for an intentional tort, negligence claims are prohibited. When the Ohio legislature passed an employment intentional tort law in 2005, it was generally considered positive news for most employers. (J) "Tort action" means a civil action for damages for injury, death, or loss to person or property. Under R.C. § 2745.01, an employer can be held liable for an intentional tort with the intent to injure the employee. Under Ohio law, victims can hold the negligent party financially liable for their actions. In Ohio, you generally can't file a personal injury claim against your employer, with or without a workers' compensation claim. Article II, section 35 of the Ohio Constitution established the.
