An Ohio Supreme Court ruling handed down in April may make it easier for employees who are injured on the job to successfully sue their employers.
In Johnson vs. B.P. Chemicals, the court ruled in favor of an injured employee, setting a precedent for employee suits alleging that their workplace injury was “substantially certain” to occur. The case was brought by an employee in Allen County, Ohio, who was allegedly burned while on the job. Prior to this case, employees had to prove the employer deliberately and intentionally caused the injury to occur, and the number of workplace injury suits in Ohio substantially decreased.
“We can expect to see a sharp increase in litigation as a result of this ruling,” says Raymond C. Mueller, and attorney with Oldham & Dowling in Akron, which specializes in business law, litigation, estate planning and probate cases.
“Ohio businesses should not assume that by paying into the state’s workers’ compensation system they are automatically protected against litigation involving employee injuries. The court’s ruling reduces employers’ defenses against such lawsuits.”
Mueller says that prior to this ruling, the Ohio Employment Intentional Tort Act, enacted by the Ohio Legislature in 1995, made it virtually impossible for an employee to sue an employer successfully for a job-related injury.
“As an employee, you almost have no chance of winning your case,” says Mueller.
The Supreme Court has now declared the statue unconstitutional.
“There’s been an obvious ongoing battle between the Ohio Legislature, which wants to make things easier for businesses, and the Supreme Court of Ohio,” says Mueller. “This is the second time this battle has been fought, and I wouldn’t be surprised to see the legislature come back and pass another statute, and for the battle to go on.”
This is not the first time this has happened, Mueller says. In the early 1990s, the Ohio Legislature passed a similar statute, and in 1993, the Ohio Supreme Court struck it down.
Mueller says that most attorneys have held off filing intentional lawsuits over the last four years. He now expects to see many refilings of old suits, as well as new suits arising as a result of this ruling.
“If there is a positive side to this ruling for Ohio employers, it is that insurance policies should once again be available to protect businesses from the high cost of employee injury lawsuits,” says Mueller. “Businesses should consult their insurance carriers and their legal counsel to determine what type of coverage is best suited to their situation.”
