When Ohio workers suffer injuries on the job, they often turn to the state workers’ compensation system for financial relief. But what many don’t realize is that if an employer’s safety violations contributed to their injuries, they may be eligible for something more—Violations of Specific Safety Requirements (VSSR) claims. These claims can lead to substantial additional compensation, designed to penalize employers who disregard established safety protocols.
What is a VSSR Claim?
In Ohio, a VSSR claim arises when an employer fails to comply with specific safety requirements set by the Ohio Bureau of Workers’ Compensation (BWC) or the Industrial Commission. These requirements cover a wide range of safety measures, from machine guarding to fall protection. When an employer’s noncompliance leads directly to a worker’s injury, the injured worker can pursue a VSSR award in addition to standard workers’ compensation benefits.
How VSSR Differs from Regular Workers’ Compensation
While standard workers’ compensation covers medical expenses and a portion of lost wages, it operates on a no-fault basis. This means that even if the employer followed every rule and exercised due care, injured workers are still eligible for basic benefits. However, VSSR claims are different—they focus specifically on employer misconduct.
A successful VSSR claim can result in an additional award of up to 50% of the injured worker’s weekly compensation. This financial boost recognizes the seriousness of the employer’s failure and aims to encourage safer work environments statewide.
Common Types of Safety Violations Leading to VSSR Claims
Employers in Ohio are expected to adhere to detailed safety rules, many of which are industry-specific. Here are some common violations that often result in VSSR claims:
- Lack of proper machine guarding – Workers injured by unguarded machinery may be entitled to additional compensation.
- Improper fall protection – Inadequate safety rails, harnesses, or scaffolding can result in VSSR findings.
- Failure to maintain a safe work environment – Poor lighting, cluttered workspaces, or blocked emergency exits are violations that often contribute to injuries.
- Ignoring lockout/tagout procedures – When workers are injured during equipment maintenance due to a lack of lockout procedures, VSSR awards can be substantial.
Proving a VSSR Claim in Ohio
Successfully obtaining a VSSR award requires more than just showing an injury occurred. The injured worker—or their legal representative—must demonstrate that:
- A specific safety requirement was violated.
- The violation directly contributed to the injury.
- The safety rule in question was in place and applicable to the situation.
Unlike a standard workers’ compensation claim, a VSSR award hinges on proving fault. This typically involves gathering evidence such as incident reports, witness statements, and, in many cases, expert testimony about the safety standard violations.
Timelines and Procedures for VSSR Claims
Injured workers have two years from the date of injury to file a VSSR claim with the Industrial Commission of Ohio. The process involves submitting a formal application, which outlines the nature of the violation and provides supporting evidence. It’s not uncommon for these claims to face challenges, as employers and their insurers often contest allegations of safety rule violations.
Hearings before the Industrial Commission are standard, and workers are strongly encouraged to have experienced legal counsel to navigate the complex procedural requirements and effectively present evidence.
Why VSSR Awards Matter
VSSR claims not only offer injured workers a chance to secure larger payouts, but they also serve a broader purpose. By imposing penalties on employers who violate safety standards, Ohio’s system incentivizes compliance and helps prevent future accidents. In fact, data from the BWC indicates that workplaces with a history of safety violations tend to have higher rates of injury and illness.
Moreover, these awards can be life-changing for injured workers. Consider a scenario where a construction worker loses the ability to return to their trade due to an improperly guarded piece of equipment. A successful VSSR claim could significantly enhance the compensation received, helping cover long-term medical needs, vocational retraining, and household adjustments.
Challenges and Defenses Employers Use
Employers facing VSSR claims often mount aggressive defenses. Common strategies include arguing that the injured worker was responsible for the accident, claiming that the specific safety requirement was not applicable, or asserting that the violation was a one-time oversight rather than systemic neglect. This is why detailed documentation and legal expertise are crucial for injured workers pursuing VSSR awards.
How Legal Representation Can Help
Given the complexity and high stakes of VSSR claims, having a knowledgeable attorney is paramount. Experienced legal counsel can help identify the applicable safety rules, gather compelling evidence, and present a persuasive case to the Industrial Commission. They can also anticipate and counter employer defenses, ensuring that injured workers receive the compensation they are entitled to under Ohio law.
Conclusion
In Ohio, workers’ compensation claims are often the first step toward recovery after a workplace injury. However, when an employer’s disregard for safety standards causes or contributes to an injury, VSSR claims offer a path to greater compensation. By holding employers accountable for their actions, these claims not only help injured workers financially, but also promote safer workplaces throughout the state. If you’ve been hurt on the job and suspect a safety violation played a role, it’s worth exploring whether a VSSR claim might apply to your situation.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Ohio Workers Compensation claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
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