You may be surprised to know that Ohio’s workers’ compensation system is considered “no-fault.” This simply means that even if an injured worker is at fault for their injury they still are permitted to file a workers’ compensation claim. Likewise, if an employer did not take steps to prevent an injury from taking place, an injured worker is limited to benefits as provided through the workers’ compensation system.
If you do believe that your employer failed to take steps to prevent your injury you may be entitled to a Violation of Specific Safety Regulation award. This is an award that is designed to compensate injured workers for injuries that occurred as a result of an employer’s failure to follow certain rules enunciated by the legislature. These rules are very specific and require injured workers to allege that a specific rule was violated. It is the only area in Ohio workers’ compensation that an employer does have the benefit of the doubt. Thus, if there is any question whether there is a violation, the employer will not be held accountable.
You have two years from the date of your injury to allege that there has been a violation of a safety regulation. If you believe that your employer has committed such a violation, reach out to The Bainbridge Firm and let us assist you in this complex process.