In the case of Stallman v. Midwest Bldgs. & Supply Co., 4th Dist. Highland No. 18CA16, 2019-Ohio-3582, an Ohio appellate court held that the exclusive remedy to an injured employee is the workers’ compensation system absent a showing of deliberate intent to harm the employee for any claims of employer intentional torts.
In this case, a construction worker was injured by a wall that fell during installation. The construction worker brought legal action against the construction worker’s employer claiming that the employer intentionally ignored safety protocols. The employer responded that the workers’ compensation system was the exclusive remedy for workplace injuries.
The Ohio appellate court held that — absent evidence of deliberate intent to injure a worker —the workers’ compensation system was the exclusive remedy for workplace injuries stemming from a claim of an employer intentional tort. The Ohio appellate court further held that demonstrating this “deliberate intent” threshold is a steep threshold to satisfy.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.