Guard Removal/Disabling A Safety Feature
Ohio Safety Procedure Violation Lawyer
Employer intentional torts are somewhat unique to Ohio. At Volkema Thomas, LLC, we have a great deal of experience guiding injured workers through these cases. We understand the intricacies of the law, and our accomplished trial attorneys are comfortable representing clients in court. Do not hesitate to contact our office for a free consultation.
The employer intentional tort statute (Ohio Rev. Code Ann. § 2745.01) reads, in part:
In an action brought against an employer by an employee, or by the dependent survivors of a deceased 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 that the employer committed the tortious act with the intent to injure another or with the belief that the injury was substantially certain to occur.
In Ohio, this type of case refers to a very specific situation — when an employee is faced with the deliberate removal by an employer of an equipment safety guard or deliberate misrepresentation of a toxic or hazardous substance. Most often, these cases involve an employer altering or ignoring safety features or safety procedures as a cost saving or productivity-enhancing measure. Unfortunately, without proper safety procedures in place, tragedy can strike.
Most often, the intentional actions of an employer can include:
- Moving a safety guard
- Removing a safety guard
- Not attaching a safety guard as instructed
- Attaching a customized guard
- Altering or changing the appearance or function of a safety guard
When these changes are made to heavy equipment or machinery, catastrophic injuries may occur. If you or a loved one suffered an injury due to the intentional and deliberate actions of your employer, it is wise to contact an attorney at our office. We offer a free consultation for you to discuss your case.
Columbus Lawyers For Injuries Caused By Guard Removal
If you have questions regarding employer intentional torts, contact Volkema Thomas Miller & Scott, LPA, to schedule an appointment. We offer a free initial consultation and free parking at our building. You can reach us by calling 614-227-7061 or by completing the contact form on this website.