Employee Can Bring Intentional Tort Claim Against Employer City
Intentional Tort Claims Against Employers
In Ohio, employees injured at work typically find their sole remedy through workers' compensation. This means employees generally cannot sue their employers for damages resulting from negligence or recklessness that causes physical injury.
However, an exception to this rule is an intentional tort claim.
Defining an Intentional Tort
Under R.C. 2745.01(B), an injured employee can pursue damages if they demonstrate a tortious act committed with the intent to cause injury, or with the belief that injury was substantially certain to occur.
“ ‘substantially certain’ means that an employer acts with deliberate intent to cause an employee to suffer an injury, a disease, a condition, or death.”
Case Background: Vacha v. N. Ridgeville
The Supreme Court of Ohio supported a Ninth District Court of Appeals decision in Vacha v. N. Ridgeville. This ruling found that political subdivisions are not automatically immune from intentional tort claims arising from an employment relationship.
Employee Assault and Immunity Defense
In the Vacha case, the employee-claimant was assaulted by a coworker while employed by the city of North Ridgeville. Vacha filed an intentional tort action, among other claims. The city, like most political subdivisions, asserted immunity from liability.
Political Subdivision Tort Liability
The Ohio Political Subdivision Tort Liability Act, R.C. Chapter 2744, generally grants immunity to cities for damages in civil actions related to governmental or proprietary functions. However, there are exceptions to this general rule.
Exceptions to Immunity
The immunity act does not apply to actions brought by an employee concerning matters arising from the employment relationship. See R.C. 2744.09(B).
The Vacha Court clarified that an employee of a political subdivision can succeed in an intentional tort action if they can prove a causal connection or causal relationship between their claims and the employment relationship. These determinations are highly fact-intensive and are made on a case-by-case basis.
