A VSSR AWARD—What is it and how is it calculated?

A VSSR claim is brought by an employee alleging an employer has violated a
specific safety requirement. A VSSR award is an additional award to a
traditional claim for workers’ compensation. A VSSR award acts to penalize an
employer that fails to comply with a specific safety requirement. For example:
R.C. 4101.12 states that an employer must provide a safe workplace and
adhere to all safety rules and additional safety requirements are listed in the
Ohio Administrative Code Chapter 4121.

Under Ohio law, a VSSR award shall not be less than 15% and no more than
50% of the maximum award given in the underlying traditional workers’
compensation claim. The maximum award includes all compensation paid in
the claim, past or future. The calculation is based upon the rate of
compensation payable during the year the injury occurred.

If you have any questions about a specific safety requirement or are faced with
a potential VSSR claim, contact SS+D’s Labor and Employment Practice Group
at merkkinen@ssdlaw.com, in our Dayton office at 937.226.5613.

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