The Evolution Of Ohio's Statute On Employer Tort Claims
May 17, 2013, 11:57 AM EDT
Law360, New York (May 17, 2013, 11:57 AM EDT) -- Employees are entitled to recover workers’ compensation benefits for their work-related injuries, but they are barred from additional recovery resulting from employer misconduct with one exception: Employees may recover additional monies for damages caused by an employer’s intentional misconduct. Accordingly, injured employees often assert “employer intentional tort” claims to circumvent the recovery limitation imposed by workers’ compensation law.
Insurance carriers, acting under commercial general liability policies, defend their insureds against employer intentional tort claims, albeit with a reservation of rights to deny coverage, should the carrier...