Employers in Ohio must comply with strict rules when it comes to workplace safety. If they ignore these mandates, you might have grounds to file a Violation of Specific Safety Requirement (VSSR) claim. Understanding what this means and why it matters is crucial to your recovery.
The significance of VSSR in work injury cases
Generally, workers’ compensation claims are no-fault. This means that you get medical coverage and lost wages regardless of who caused the accident. However, if your employer failed to implement safety rules, you can hold them accountable for their negligence.
In Ohio, employers must comply with the Ohio Administrative Code for safety requirements, such as machine guarding, protective clothing and scaffolding. This means they cannot blame you for not using the safety equipment if they did not provide it or insist on its use.
The financial impact of a proven VSSR claim
If you prove a violation, the Industrial Commission will award you an additional 15% to 50% of the maximum statutory weekly rate. Your employer directly pays for this penalty and cannot use insurance premiums to cover it.
Holding employers accountable
Employers often hide behind the no-fault system to avoid responsibility for unsafe sites. Under Ohio law, you have the right to seek compensation for damages caused by their negligence.
Start by filing a VSSR claim within one year from the workplace incident. Include evidence on the rule that your employer violated and how it was the proximate cause of your injuries. Seeking legal counsel on this matter can help you navigate the complex statutes in Ohio.