Ohio Revised Code § 2745.01 defines when an employee’s injury is due to the employer committing an intentional tort. In an action brought against an employer by an employee, for damages resulting from an intentional tort committed by the employer during the course of employment, the employer shall not be liable unless the plaintiff proves either of the following:
(1) The employer committed the tortious act “with the intent to injure another;” or
(2) The employer acted with the belief that the injury was “substantially certain” to occur.
It is important to note that under (2) “substantially certain” means that an employer acts with the “deliberate intent” to cause an employee to suffer an injury, a disease, a condition, or death. Moreover, a deliberate removal by an employer of a safety guard or a deliberate misrepresentation of a toxic or hazardous substance creates a rebuttable presumption that the removal or misrepresentation was committed with the intent to injure another, if the injury or occupational disease occurs as a direct result.