What Happens if my Employer Violates a Specific Safety Requirement?

Violations of Specific Safety Requirements (VSSR)

Under the Ohio Administrative Code, there are specific safety requirements that Ohio employer's must follow in order to allow for a safe work environment. The specific safety requirements are designed to protect workers according to the type of industry in which they work. The requirements are quite specific and, in order to find a violation of a rule, the injured worker must show that each element of the requirement was violated and that the violation resulted in the injury to the worker.

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Violations

If an employer violates a requirement, then they are penalized by the BWC and the injured worker is awarded additional compensation (the amount of which is based upon the compensation previously paid in the claim).  If a violation is found, the employer will be ordered to pay an additional award equal to 15% to 50% of the previously paid compensation in the claim (calculated using the maximum rates for each type of compensation paid in the claim).

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How to File for A VSSR

Within one year of the date of injury, a signed application must be filed listing each requirement that was violated by the employer.  Once filed, the BWC's safety investigation unit will further investigate the matter, which includes site visits, as well as speaking with the injured worker and employer regarding the injury. Once the investigation is completed, a report if filed in the BWC claim file. In order to provide additional evidence on behalf of an injured worker, our office requsts a record hearing on the matter. The additional award is also assessed against all future benefit awards paid in the claim.

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Contact Lelli Law

When applying for a VSSR award, it is very helpful to have an attorney prepare the application and momintor the processing of the application until a final order is issued. If you have any questions regarding your potential VSSR award, please call us.