VSSR: What is it and how to defend against one-VSSR: What is it and how to defend against one

Video Transcription

Video Summary

The speaker, defense attorney Sue Rudabush, gave an overview of Ohio VSSRs, or Violations of Specific Safety Requirements, and how employers can defend against them. She explained that VSSRs are separate from OSHA and are fault-based penalties under the Ohio workers’ compensation system, even though workers’ comp itself is generally no-fault. A VSSR requires proof that a specific safety rule applied, was violated, and caused the injury.<br /><br />She outlined the financial impact: VSSR awards can equal 15% to 50% of all indemnity paid in the claim, are paid directly by the employer out of pocket, and can affect the employer’s experience modifier. Multiple violations within 24 months can trigger an additional penalty of up to $50,000.<br /><br />Rudabush identified employers most at risk, especially those in certain industries and workplaces like factories and workshops, and stressed that each code subsection can represent a separate violation. She then covered key defenses, including: untimely filing, inapplicable code sections, vague or undefined rules, lack of proximate cause, unilateral employee negligence, single-occasion failure, lack of authority to correct the hazard, impossibility of compliance, and common-sense arguments when the Industrial Commission’s interpretation is illogical.<br /><br />She also walked through the VSSR process: filing the application, employer response, investigation, report, pre-hearing conference, hearing, possible settlement, and appeals. Throughout, she emphasized that employers should maintain documentation and safety training well before any claim occurs.

Keywords

Ohio VSSR

violations of specific safety requirements

workers' compensation

employer defense

industrial commission

safety regulations

indemnity awards

experience modifier

workplace safety

legal defenses