Workplace Injuries: Intentional Tort Claims in Ohio Are (Nearly) Dead in the Water

The Ohio Supreme Court delivered another blow to injured workers who attempt to skirt Ohio’s workers’ compensation system by pursuing a remedy for their injuries in court. On the heels of another opinion1 narrowly interpreting Ohio’s intentional tort statute, Ohio Revised Code section 2645.01, the Ohio Supreme Court, in Houdek v. ThyssenKrupp Materials N.A., Inc., Slip Opinion No. 2012-Ohio-5685 (Ohio Dec. 6, 2012), confronted the question of whether an injured worker who brings an intentional tort claim against his or her employer is required to prove that the employer acted with a deliberate intent to injure. The court answered this question with an unequivocal “yes.”