Reviewed by Peter Gibson
Managing Partner
Peter Gibson is the managing partner of Cox, Koltak & Gibson. Admitted to the Ohio Bar in 1992, he represents injured workers before the Ohio Bureau of Workers’ Compensation and the Ohio Industrial Commission. He earned his J.D. from Capital University Law School in 1991.
Read Peter Gibson’s biographyA VSSR claim asks the Ohio Industrial Commission for additional compensation when an employer’s violation of a specific safety requirement caused a work-related injury, occupational disease or death. It is separate from the ordinary question of whether the workers’ compensation claim is allowed.
For claims arising on or after September 15, 2020, the application generally must be filed within one year of the injury, death or inception of disability from occupational disease. If equipment, a missing guard or another safety failure may have contributed, preserve the available evidence and have the applicable rule and deadline reviewed promptly.
What makes a VSSR claim different?
Ohio’s ordinary workers’ compensation system does not generally require proof that the employer was negligent. A VSSR application involves an additional issue: whether an applicable, specific safety requirement was violated and whether that violation caused the harm. The constitutional basis for an additional award is Article II, Section 35 of the Ohio Constitution.
A VSSR proceeding is handled through the Industrial Commission, not as an ordinary personal injury lawsuit. It also is not the same as an OSHA complaint or citation. OSHA materials may provide useful evidence, but they do not replace identifying the requirement that supports the Ohio VSSR application.
For the underlying claim, start with our Columbus workers’ compensation guide. Where someone other than the employer may be responsible, a third-party claim raises a separate question.
Which workplace safety violations should be investigated?
The investigation starts with the task, equipment and work environment as they existed when the injury occurred. Different requirements can apply to different industries and equipment. A rule that sounds relevant must still be checked against its actual scope and the version in effect at the relevant time.
| Workplace issue | Information to preserve |
|---|---|
| Machine guarding or moving parts | Machine make/model, photographs, guard configuration, manuals and maintenance records |
| Construction falls or access equipment | Work height, scaffold or ladder details, fall-protection arrangements and site photographs |
| Protective equipment | The task and hazard, equipment provided, training and replacement requests |
| Material handling or industrial equipment | How the equipment was used, load details, inspection records and witness accounts |
These are investigation topics, not automatic qualifying claims. Counsel needs to identify the specific requirement, establish that it applied to the employer and show how the failure to comply contributed to the injury. The Commission’s IC-8/9 application information is a starting point for understanding the separate VSSR filing.
For task-specific evidence checklists, read our guides to factory and manufacturing injuries and Columbus construction-site injury claims.
What is the Ohio VSSR filing deadline?
Ohio Administrative Code 4121-3-20(A) distinguishes claims by when they arose:
| When the claim arose | Application period stated in the rule |
|---|---|
| On or after September 15, 2020 | Within one year of injury, death or inception of disability due to occupational disease |
| Before September 15, 2020 | Within two years of injury, death or inception of disability due to occupational disease |
A timely ordinary workers’ compensation filing does not automatically file a VSSR application. The application must identify the claim and the alleged safety requirements. Amendments and later procedural steps have their own rules; do not assume that a pending claim or investigation extends the initial filing period.
If you are unsure when the claim arose or which date controls, bring the injury and claim records for a review. Evidence can disappear long before a filing period expires, so waiting until the last month can make a potentially valid application harder to prove.
Evidence to preserve after a possible safety violation
- Photographs or video you can lawfully obtain without entering an unsafe or restricted area.
- The equipment name, model, serial number and location.
- Names and contact information for witnesses who saw the incident or the equipment’s condition.
- Incident reports and your earliest description of what happened.
- Training materials, written procedures and safety complaints already in your possession.
- Maintenance, inspection or repair information available to you.
- Medical records documenting the injury and its mechanism.
- Claim orders and communications about any proposed settlement.
Do not alter equipment, remove property or put yourself at risk to collect evidence. An attorney can assess appropriate preservation requests and ways to obtain records. Explain whether a guard was removed, who controlled the work and whether the equipment changed after the incident; these details may matter to the rule and the employer’s response.
How much additional compensation can a VSSR award provide?
The Ohio Constitution sets a range of 15% to 50% of the maximum award established by law. The Industrial Commission determines the percentage. That is not a promise of a percentage of every medical bill or a simple multiplier of the worker’s take-home pay.
The applicable statutory maximum rate, injury date, compensation types and compensable periods matter to the calculation. For illustration only, if the applicable maximum weekly basis were $1,000 and the award percentage were 20%, the additional amount for a qualifying week would be $200. Those hypothetical numbers are not a current Ohio rate or a valuation of any particular claim.
The order and underlying compensation history must be reviewed to calculate past and future amounts. Our attorneys can explain the distinction between the ordinary benefit award and the additional VSSR component before you evaluate an offer.
How the Industrial Commission considers a VSSR application
The employer receives notice and an opportunity to respond. The matter may be investigated, and the parties may receive opportunities to provide additional proof. The procedural rule also addresses a prehearing conference and a merits hearing before a Staff Hearing Officer. The exact course depends on the issues and the Commission’s directions.
The ordinary BWC-to-DHO-to-SHO appeal ladder should not be assumed to govern a VSSR decision. Rule 4121-3-20(E) provides a 30-day period after receipt of the Staff Hearing Officer’s VSSR order to request rehearing, with specified grounds. The request does not automatically result in a new hearing.
Our hearing preparation guide can help you organize records, but follow the notices and evidentiary requirements for your particular VSSR proceeding. Confirm attendance arrangements directly from the notice.
Review VSSR issues before settling an Ohio claim
The procedural rule states that settlement of the underlying claim abates action on the related VSSR application. A VSSR settlement also has its own approval process. Discuss any existing or potential safety-violation application before signing an agreement that closes the underlying claim.
Our Ohio workers’ comp settlement guide explains why the benefits and claims being resolved matter as much as the headline amount. If the underlying claim was denied, the denial and appeal may also need prompt attention.
Cox, Koltak & Gibson reviews workplace injury claims from its office at 5 E Long St #200 in Columbus. Bring the incident details, available photographs and claim orders. We can identify what further investigation is needed and explain the proposed representation and costs before you decide how to proceed.
Frequently Asked Questions
Does any workplace safety violation qualify for a VSSR award?
No. The application must identify an applicable specific safety requirement and establish that the employer’s failure to comply caused the injury, occupational disease or death. An unsafe condition or general allegation of negligence alone does not establish those elements.
Is an OSHA violation the same as a VSSR claim?
No. OSHA enforcement and Ohio VSSR compensation are different processes. An OSHA investigation may produce useful evidence, but the VSSR application still needs the applicable safety requirement and proof connecting the employer’s violation to the harm.
Do I have one year or two years to file a VSSR application?
The current rule provides one year for claims arising on or after September 15, 2020, and two years for earlier claims, measured from the specified injury, death or occupational-disease disability event. Have the controlling date reviewed rather than assuming the older two-year period applies.
Can a VSSR award be added to regular workers’ comp benefits?
A qualifying VSSR award is additional compensation tied to the underlying workers’ compensation claim. Its amount depends on the Commission’s percentage and the applicable compensation rules. It is not automatically 15% to 50% of all money or medical expenses in the claim.
Should I mention a possible safety violation during settlement discussions?
Yes. Tell your attorney about the safety issue before signing. Settlement of the underlying claim can end action on a related VSSR application under the procedural rule, so the underlying benefits, VSSR issues and settlement terms should be evaluated together.