Can I be liable for injuries or property damage I cause while acting within the scope of my job duties?
Generally, an employee is not directly responsible to third parties for acts of negligence committed within the scope of his or her employment. This does not mean the employer or the employer’s insurance company might not want to pursue the employee, in subrogation or otherwise, to recover any losses the employer or its insurance company have realized as a result of having to adjust the claim of the person victimized by the act of negligence.
An experienced employment attorney can help you to understand and manage your risks in this area of the law.
There are other ways an employee could become liable for acts committed within the scope of his or her duties on the job. Aside from claims of defamation, an employee can be held personally liable under Ohio law for any act committed without the express or implied authorization of his or her employer, resulting in discrimination in the employment setting or constituting fraud or any other intentional misconduct, exposing the employee to possible criminal liability, or having the effect of misleading or defrauding the government or obstructing justice.
Contact us if you believe you may have one of these types of claims that might expose an employer to personal liability for committing a wrongful act against you or your interests.
I was hurt on the job or my doctor says my illness was caused by my occupation. Should I file a worker’s compensation claim?
Our office, as a general rule, does not handle worker’s compensation claims. Our focus in the worker’s compensation area is on seeking remedies when an employer retaliates against an employee either for filing a worker’s compensation claim or helping someone else with a worker’s compensation claim.
If your situation pertains to the rights of injured workers and victims of occupational diseases to compensation under Ohio law, contact my office. I can help you find a lawyer in your area who is an experienced and capable advocate for the rights of those injured in the work setting.