BENEFITS AVAILABLE TO INJURED OHIO WORKERS PART 3 | Toledo, OH Work Injury Attorneys.

Violation of a Specific Safety Requirement

The state legislature and the state Industrial Commission require employers to follow a number of specific rules related to workplace safety. If an employer does not follow a rule designed to safeguard the lives, health, or safety of an employee, and the employee gets hurt as a result, a claim called a violation of a specific safety rule can be filed.

Essentially, this is a claim that both punishes the employer and compensates the employee. The award varies based on the severity of the injury and the extent of the violation.

In our office, we help clients file a report with the Occupational Health and Safety Administration, which oversees workplace safety issues. The administration conducts an investigation and cites the company if it finds violations. That report can be used to substantiate a claim alleging violation of a specific safety requirement.

An example of a situation where this type of award might be warranted would be when an injury results from an employer requiring an employee to work at a certain height without proper scaffolding or safety harnesses.

Lump sum settlements

In certain circumstances, the employer and the injured worker may enter into a settlement agreement to compensate the worker for injuries sustained on the job. The settlement, though, must be approved by the BWC, regardless of whether the employer is state-funded or self-insured. The BWC settlement department determines whether the settlement agreement is justified and fair.

An injured worker should be careful before agreeing to a lump sum settlement because it will stop him from seeking additional compensation through the BWC. It closes the door for all payments for future compensation and future medical treatment related to the claim.

If you or someone you know has suffered injury at the workplace contact our Toledo, Ohio work injury attorneys to order your FREE copy of The Ohio Work Injury Book.