HOUSE BILL MAKES IT HARDER FOR INJURED EMPLOYEES TO SUE

As of April 6, 2005, injured employees will find it harder to have “their day in court.” Through the recent passage of Ohio House Bill 498, changes will occur to the current state of employee liabilities in the case of workplace injury. Ohio House Bill 498 redefined for employees and employers what injuries are “substantially certain to occur.”

Injured employees will now have to prove “actual intent from employer” if an employee plans to sue an employer. This bill also intends to eliminate double recovery from the same workplace incident, which prevents an injured employee from benefiting from both worker’s compensation and intentional tort actions.

Most employers’ liability coverage will exclude coverage if the act was committed with the deliberate intent to injure. Current policies will exclude coverage based on the new definition of “substantially certain to occur” regardless if the employer paid the premium.

The bill is likely to be challenged in the courts as many similar bills have.