Does Removing a Safety Guard Let You Sue Your Ohio Employer?

Getting hurt on the job is a frightening and disruptive experience. In Ohio, like all states, a system called workers’ compensation exists to provide a safety net. This system is designed to cover medical bills and a portion of lost wages quickly, and without the need to prove your employer was at fault. This “no-fault” system protects both workers and businesses in Toledo and the surrounding communities.

However, what should happen when your injury wasn’t just a simple accident? In these cases, what would happen if your employer knowingly cut corners, ignored glaring dangers, or violated critical safety rules? In these situations, injured workers often ask if they can step outside the workers’ comp system and file a lawsuit to seek fuller compensation for their pain, suffering, and lifelong impacts.

This is not a simple answer; this is governed by a very narrow and complex area of Ohio law known as “employer intentional tort.” The experienced team at Charles E. Boyk is a top-rated and established law firm in Toledo. Specializing in complex employer-intentional torts and workers’ compensation claims. Give us a call today for a free, no-obligation case review.

This article breaks down some of the pressing questions injured Ohio workers are asking after a serious injury, explaining the formidable legal standards established by recent Ohio Supreme Court rulings.

Frequently Asked Questions: Suing Your Employer for a Work Injury in Ohio

Q: Can I sue my employer for a work-related injury in Ohio?

A: In the vast majority of cases, no, you cannot file a traditional lawsuit. Ohio’s workers’ compensation system is legally designated as the “exclusive remedy” for on-the-job injuries. This means you are generally prohibited from suing your employer for negligence or carelessness that leads to an injury. Instead, you must file a workers’ compensation claim to receive benefits for medical treatment and a percentage of your lost wages. This trade-off provides faster, guaranteed benefits without a lengthy legal battle over fault.

Q: What does workers’ comp cover?

A: Ohio workers’ comp is designed to cover the basics of getting you back on your feet:

All necessary medical treatment related to your injury.
A percentage of your lost wages (called “temporary total disability”) while you’re unable to work.
Compensation for any permanent impairment (like the loss of a finger or limited motion in your back).
Vocational rehabilitation if you can’t return to your old job.

What it does NOT cover: The full amount of your lost wages, and it does not compensate you for your physical pain, emotional suffering, or the overall loss of enjoyment of life. This is a major limitation, which is why the question of suing comes up after serious injuries.

At Charles E. Boyk Law Offices, we understand the challenges injured workers face. Our team will handle every aspect of your case, so you can focus on your recovery. Read more about our experience in workers’ compensation here. Give us a call today!

Q: Is there any exception to this rule? When can I sue my employer for a work-related injury?

A: Yes, but the exception is exceptionally narrow in Ohio. You can only pursue a lawsuit if you can prove your employer acted with a specific and deliberate intent to cause you harm. This is not about mistakes or oversights; it’s about intent. Under Ohio Revised Code § 2745.01, you must prove either that:

Your employer specifically intended to injure you, or
Your employer knew with substantial certainty that your injury would occur.

Proving “substantial certainty” is extremely difficult. It means demonstrating that your injury was an inevitable consequence, not just a foreseeable risk or even a high probability. The team of experienced lawyers at Charles E. Boyk Law Offices specializes in Ohio personal injury claims, including this one. Personal Injury Cases vary greatly depending on the facts of your case. Give us a call today for a free case consultation!

Q: My employer removed a safety guard. Doesn’t that automatically let me sue?

A: This is a common point of confusion. Ohio law does contain a provision that if an employer deliberately removes an “equipment safety guard,” and that removal causes an injury, the law presumes the employer acted with intent to injure. This is the closest thing to a “shortcut” in the law.

However, the Ohio Supreme Court has defined the key terms in this rule so narrowly that it rarely applies.

What is an “equipment safety guard”? It is only a physical device that is attached to a piece of machinery or equipment to shield the operator from its inherent, operational dangers. Examples include a blade guard on a table saw, a light curtain on a stamping press, or an interlock on a machine door.
What does it NOT include? It does NOT include:
- Personal Protective Equipment (PPE): Gloves, safety glasses, harnesses, hard hats, or flame-resistant clothing.
- General Safety Equipment: Warning cones, barrier gates, reflective vests, signage, or alarms.
- Training or Safety Procedures: A failure to train, enforce rules, or follow OSHA guidelines does not qualify.
What is “deliberate removal”? This means the physical act of taking off, disabling, or rendering inoperative an existing guard. A failure to install a guard in the first place, or a policy that does not enforce its use, is considered negligence, not the deliberate removal required for a lawsuit.

Some Real-World Examples

Looking at actual cases is the best way to understand how high the bar is set.

The Electrocuted Lineman

An apprentice lineman was severely burned after being shocked by a live power line.
His supervisor told him he didn’t need to wear the rubber insulating gloves that were available on the truck, even though safety rules required them.
Court’s Ruling: The Ohio Supreme Court said the rubber gloves are Personal Protective Equipment (PPE), not an “equipment safety guard.” Telling a worker not to use PPE, while reckless, does not prove the employer intended to injure him. This was a workers’ comp-only case.

The Crushed Warehouse Worker

A worker was pinned and catastrophically injured by a sideloader forklift in a narrow aisle.
Management had been warned just days before about the extreme danger of having people work in aisles with this equipment. The company provided no reflective vests, barriers, or warning systems to separate workers from machinery.
Court’s Ruling: The missing vests and cones were “general safety items,” not machine guards. The court called the employer’s actions a “conscious disregard for safety,” but said placing a worker in a known dangerous environment did not meet the “substantial certainty” test. This was, in the court’s words, a “tragic accident” covered only by workers’ comp.

Options and Path Forward

Q: If a lawsuit is so rare, what should I actually do if I’m badly injured?

A: The top-rated lawyers at Charles E. Boyk law offices have extensive experience with the Ohio Bureau of Workers’ Compensation and the important steps for workplace injuries. Here are some steps to get started when you are injured at work.

File a Workers’ Compensation Claim – IMMEDIATELY.
This is your important first step. Report your injury to your employer in writing and make sure a First Report of Injury is filed with the Ohio Bureau of Workers’ Compensation (BWC). This protects your right to medical care and wage replacement. There are strict deadlines.
Talk to an Ohio Workers’ Compensation Lawyer.
The BWC system is complex and adversarial. Insurance carriers and managed care organizations will often push back. A lawyer, like the team at Charles E. Boyk, who specializes in Ohio workers’ comp can:
- Ensure your claim is filed correctly.
- Get you to the right doctors.
- Appeal denied claims or disputes over benefits.
- Maximize the permanent impairment benefits you receive.

Contact our team today at Charles E. Boyk Law Offices for a free case consultation!

Ask Your Lawyer About a VSSR Claim.
This is a critical and often-overlooked option. VSSR stands for “Violation of a Specific Safety Requirement.”
- What it is: If your employer violated a specific, detailed Ohio workplace safety rule (like one about machine guarding, trenching, or fall protection), you can file a separate administrative claim with the state.
- The Reward: If you win, you get an additional award of 15-50% on top of your regular workers’ comp benefits. It’s a financial penalty against the employer for breaking the safety rule.
- Key Point: This is not a lawsuit. The standard is “did they break a specific rule?” not “did they intend to hurt me?” It’s a powerful tool to get more compensation within the workers’ comp system.
Have a Blunt Conversation About an Intentional Tort Lawsuit.
Give your lawyer all the details: emails about safety concerns, reports of broken equipment, statements from witnesses, and any evidence of managers ordering unsafe acts. A seasoned lawyer can give you a realistic assessment of whether your case has the extraordinary facts needed to meet the “virtual certainty” standard. They will tell you if it’s worth pursuing or if your energy is better spent on your workers’ comp and VSSR claims.
Investigate a Third-Party Lawsuit.
This is often the most viable path to full compensation. While you can’t usually sue your employer, you can sue any other party whose negligence contributed to your injury.
- Examples: The manufacturer of a defective machine, the property owner (if you were working at another company’s site), a negligent driver who hit you while you were working, or a subcontractor from a different company whose actions caused your injury.
- Why it’s important: A third-party lawsuit is a standard personal injury case. You can seek damages, including all lost wages, full pain and suffering, and loss of enjoyment of life. Your workers’ comp lawyer can often handle this or refer you to a partner who does.

Q: What kind of evidence is crucial for these types of cases?

A: Documentation is everything. If you are able, try to preserve:

Photos/Videos: Of the hazard, the machine involved, your injuries.
Paper Trail: Emails, memos, or maintenance requests where you or others reported the danger.
Witnesses: Names and contact info of coworkers who saw what happened or who also complained about the safety issue.
Official Reports: The OSHA citation, the BWC claim number, the internal accident report.
Personal Notes: Write down a detailed account of what happened, including exact quotes from supervisors, while your memory is fresh.

Conclusion

Ohio law has drawn a bright line between compensable workplace accidents and intentional employer misconduct. While the workers’ compensation system provides essential, no-fault benefits, the path to holding an employer directly accountable in court for a safety failure is exceedingly narrow. The Ohio court rulings make it clear that for an injured worker to succeed in an intentional tort lawsuit, they must prove more than negligence, more than recklessness, and more than a conscious disregard for safety. They must prove an intent to harm, which is a standard that protects businesses from frivolous suits but leaves severely injured workers with limited recourse when safety is deliberately sacrificed.

The team at Charles E. Boyk recognizes this ever-changing legal field in workers’ compensation. That’s why we provide the best personalized attention necessary to help you achieve the best outcome.

Read more about our experience with Ohio Workers’ Compensation here. Call us today for a free and confidential consultation.

Sources

Hewitt v. L.E. Myers Co., 134 Ohio St.3d 199; Houdek v. ThyssenKrupp Materials N.A., Inc., 134 Ohio St.3d 491; R.C. 2745.01; Kaminski v. Metal & Wire Prods. Co., 125 Ohio St.3d 250