R.C. 2745.01 defines an intentional tort as occurring where an employee's injury occurred because the employer acted "with the intent to injure" or "with the belief that the injury was substantially certain to occur." The statute defines "substantially certain" to require "deliberate intent." An intentional tort can also occur if the employer deliberately removed a safety guard or misrepresented a hazardous or toxic substance.
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: