Understanding Employer Violation of a Specific Safety Requirement is an important part of the
workers’ compensation process in Ohio. This is because an Employer Violation of a Specific
Safety Requirement (EVSSR) claim is one that may allow the injured worker to recover
additional workers’ compensation benefits to help with their daily needs following a workplace
accident or injury.
Ohio law requires that employers provide a safe working environment. As part of that, employers
must adhere to all state safety laws that are intended to ensure a working environment is safe and that workers are kept safe. If employers in Ohio fail to follow those laws for the safety of their
workers, they may be liable for an employer violation of specific safety requirement.
Workers’ compensation benefits are valuable benefits that can help injured workers with their medical expenses and lost earnings following a workplace accident. They can also help surviving family members following a fatal workplace accident. Because of how serious workplace injuries can be, it is important for injured workers and their families to understand additional benefits that may be available to them through a VSSR claim.
When an employer is liable for an Employer Violation of a Specific Safety Requirement, the
injured worker may be able to claim an additional 15 to 50 percent of Ohio’s maximum weekly
compensation rate in addition to their regular workers’ compensation benefits. To establish a
claim for VSSR, the injured worker must demonstrate that the employer violated a specific
safety regulation, that the violation of the specific safety regulation directly impacted their
employment role and that the safety violation committed by the employer caused the worker’s
injury or illness.
In addition, EVSSR benefits may also be possible in circumstances of a fatal workplace accident
and are a resource surviving family members should be familiar with. There are also important
timelines associated with filing a claim for Employer Violation of a Specific Safety Requirement
so that is also something injured workers and their families should be familiar with. Generally,
injured workers and their families should always be familiar with all the workers’ compensation
benefits available to help when they have been harmed on the job in Ohio.
Once a claim for a Violation of Specific Safety Requirement has been filed, the Industrial Commission of Ohio (IC) handles the claim. The claim is heard before an IC hearing officer to determine if an award of the benefit should be made. In circumstances when the employer is found to have violated a specific safety requirement, the hearing officer can assess a penalty. The penalty can range from 15 to 50 percent of the workers’ compensation award that has been established by law. The percentage award, in addition to the workers’ compensation benefit, goes to the injured worker or their dependents.
Contact Thomas Evan Morgan Law today for a free consultation.
If you are considering filing a VSSR claim, we can help you understand the benefits that may be available to you or your family.