As a state that provides workers’ compensation insurance, Ohio has a compelling interest in protecting employees’ safety and preventing workplace injuries. In addition to educating employers about various safety codes, the Ohio Bureau of Workers Compensation (BWC) gives companies an incentive to adhere to them.
The Ohio BWC also strives to protect employees’ interests regarding safety on the job. In addition to workers’ comp benefits, injured employees are eligible for compensation resulting from a violation of specific safety regulations (VSSR). The VSSR mandates that all Ohio employers “provide a safe workplace and adhere to all safety rules.”
In turn, employees must properly use all protective equipment their employers provide. To collect an award for an injury, the VSSR stipulates that workers must prove that their employer neglected to implement a specific set of mandatory safety standards related to their injury or illness.
Employers found at fault for violations are responsible for paying the VSSR award, which can be 15-50% of the total workers’ weekly compensation rate. Any employer with two or more safety violations in two years faces an additional $50,000 fine.
The VSSR has been in place for some time, and it has helped make the workplace safer.
According to the Fiscal Year (FY) 2022 annual report by the Ohio BWC Special Investigations Department, it has. Having transitioned to work-from-home arrangements, personnel and leaders maintained efficiency in investigating workplace safety violations and fraud.
- 1,431 closed cases, compared to 1,208 in FY 2021
- 69 convictions, compared to 64 in the previous FY
- 69 indictments, compared to 54 in FY 2021
- About $90 million in savings to the system, the second highest since FY 2007
- 123 cases referred to prosecution, compared to 89 in FY 2021
Despite these regulations and strict fines, not all companies will do the right thing to maintain workplace safety. Some employers continue to cut corners and put their workers in danger.
If you become sick or injured on the job, it is always a good idea to speak with a qualified Ohio workers’ compensation attorney to learn about your rights and options. Because the employee typically has the burden of proof in a VSSR violation, your attorney can help you work through this process and seek the fairest compensation.