The Difference Between Negligence and Intent: Cincinnati Workers’ Compensation Law

injured construction worker

Workers’ compensation programs in the United States entitle employees injured on the job to medical care and compensation for their recovery. To get prompt approval for their injury claims, workers waive the right to bring a personal injury lawsuit against their employer if they get hurt on the job.

Because of this trade-off, laws regarding workers’ comp in Cincinnati are generally the only recourse for an injured employee. Moreover, most Ohio employers consider this arrangement good business because it helps them avoid the more significant expense and potential liability of a personal injury claim.

In 1982, an Ohio Supreme Court ruling allowed for another way injured workers might recoup compensation from their employers. In Blankenship v Cincinnati Milacron Chemicals, the Court recognized that an employee might receive payment in a personal injury action against their employer for an intentional tort, which refers to a willful intent to harm an employee.

Recently, the Ohio legislature significantly limited this cause of action to only specific situations. More specifically, for an employer to be liable, the injury must be due to a safety guard being removed, a toxic substance being misrepresented or mislabeled, or an employer willfully hurting an employee.

In the 2012 case, Houdek v ThyssenKrupp Materials, the Ohio Supreme Court restricted the workers’ ability to recover for intentional tort in all cases except when employees could prove deliberate intent. This new standard drastically reduces the odds of a worker recovering compensation because deliberate intent is tough to prove.

The Houdek decision assures Ohio employers’ protection against liability and makes employees even more vulnerable to blatant neglect in the workplace. Nevertheless, Ohio state law mandates that employers provide all workers with a safe working environment. Interestingly enough, new cases have emerged recently that appear to interpret the statute to acknowledge the rights of injured workers.

If you have been seriously injured on the job, you do have rights. It’s imperative that you seek experienced legal advice. Get in touch with a workers’ comp attorney at Clements, Taylor, Butkovich & Cohen, LPA, Co., for a free consultation.