Most injured workers in Ohio don’t know that a special additional award exists when their employer violated a specific safety requirement. It’s called a VSSR — Violation of Specific Safety Requirement — and it can add thousands of dollars to your claim. OSBA Certified Specialist Mike Gruhin has filed and won VSSR claims involving unguarded machinery, missing fall protection, absent trench shoring, deactivated lockout/tagout systems, and dozens of other violations. This page explains what a VSSR is, how to prove one, and what it’s worth.
What is a VSSR claim?
Under O.R.C. § 4121.471, an injured worker can file a VSSR application with the Industrial Commission if the employer violated a specific safety requirement found in the Ohio Administrative Code and that violation directly caused the injury. A VSSR is not a lawsuit — it is an administrative claim heard by the Industrial Commission, and the award is paid from the employer’s workers’ compensation premium account, not from the State Insurance Fund.
The VSSR exists as a deterrent. The Ohio legislature created it to punish employers who cut corners on safety. Unlike a regular workers’ compensation claim — which is no-fault — a VSSR requires proving that the employer’s specific violation caused your injury. This is a higher burden, but the reward is substantial: an additional weekly payment on top of all your other benefits.
Ohio Administrative Code safety requirements
The word “specific” in VSSR is critical. A VSSR cannot be based on a general duty to provide a safe workplace or on federal OSHA guidelines alone. The violation must be of a specific, codified safety rule in the Ohio Administrative Code (OAC). The relevant chapters include:
Workshops and factories — machine guarding, power transmission, point-of-operation protection, housekeeping, ventilation
Construction — scaffolding, trenching and excavation, fall protection, steel erection, demolition, electrical safety
Window cleaning — safety belt and anchor requirements
Firefighters and emergency responders — specific equipment and procedural requirements
These code sections contain hundreds of specific rules — down to the exact height of guardrails, the required depth of trench shoring, the type of guard required on a specific class of machine, and the precise lockout/tagout procedures for energized equipment. Mike Gruhin’s decades of experience with these codes means he knows which specific sections apply to your injury and how to prove the violation.
Common VSSR violations
VSSR claims arise most frequently in manufacturing, construction, and industrial settings where specific machinery and fall protection rules apply. Here are real-world examples of violations Mike Gruhin has encountered:
Unguarded machinery
Power presses, punch presses, shears, and saws operated without required point-of-operation guards. OAC 4123:1-3 (Workshops and Factories) and related sections mandate specific guards for specific machine types. Removing or disabling a guard to speed up production is one of the most common — and most dangerous — violations.
Missing fall protection
Workers on scaffolds, roofs, or elevated platforms without guardrails, safety nets, or personal fall arrest systems as required by OAC 4123:1-5. Falls remain the leading cause of death in Ohio construction, and missing fall protection is a clear VSSR.
Trench collapse — no shoring
Excavations deeper than five feet without proper shoring, sloping, or trench boxes. OAC 4123:1-5-12 specifies exact requirements based on soil type and trench depth. Trench collapses are often fatal, and the safety rules are unambiguous.
Lockout/tagout failures
Maintenance or repair performed on machinery without proper energy isolation (lockout/tagout). OAC sections require specific procedures to de-energize equipment before workers service it. Bypassing lockout/tagout to save time is a VSSR that regularly results in amputations and crush injuries.
Defective or absent scaffolding
Scaffolds that fail to meet OAC specifications for planking width, guardrail height, tie-off points, or load capacity. Scaffold collapse injuries frequently support VSSR claims because the code requirements are precise and measurable.
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What you must prove
A VSSR application requires proving three elements to the Industrial Commission:
Specific rule exists
A specific safety requirement in the Ohio Administrative Code applied to the employer’s workplace and to the conditions that caused the injury.
Employer violated it
The employer failed to comply with that specific rule. The violation must be demonstrable — through photographs, witness testimony, OSHA reports, or expert analysis.
Violation caused injury
The violation was the direct and proximate cause of the worker’s injury. If the injury would have occurred regardless of the violation, the VSSR will be denied.
Evidence is everything. Photographs of the equipment or worksite taken immediately after the injury are invaluable. Co-worker testimony about the absence of guards or safety equipment, maintenance logs showing deferred repairs, and OSHA inspection reports all build the case. Mike Gruhin routinely works with industrial safety experts who can inspect equipment, review the applicable OAC sections, and provide expert testimony before the Industrial Commission.
How VSSR awards are calculated
If the Industrial Commission grants your VSSR, it orders the employer to pay an additional award equal to 15% to 50% of the maximum state average weekly wage for the duration of your disability. This is in addition to your regular TTD, wage loss, PPD, or PTD benefits.
VSSR award range example
The percentage is determined by the Industrial Commission based on the severity and willfulness of the violation, the employer’s safety history, and any mitigating factors. An employer who knowingly removed a machine guard to increase production speed will face a higher percentage than one whose guard failed due to wear. The award continues for as long as the worker receives disability compensation — which can be years or even a lifetime in PTD cases.
VSSR vs. third-party claims
A VSSR is an administrative remedy within the workers’ compensation system. It is not a lawsuit against your employer. Ohio law (O.R.C. § 4123.74) generally bars employees from suing their employers for workplace injuries — workers’ compensation is the exclusive remedy. The VSSR is the system’s way of providing additional compensation when the employer’s safety violation caused the injury.
If a third party (not your employer) contributed to your injury — such as a subcontractor, equipment manufacturer, or property owner — you may have a separate personal injury lawsuit against that third party. These third-party claims can result in much larger recoveries because they include pain and suffering damages, which are not available in workers’ compensation. A VSSR and a third-party claim can be pursued simultaneously.
Common employer defenses to VSSR claims
Employers fight VSSR applications aggressively because the awards are paid directly from their accounts. Common defenses include:
“No specific rule applies”
The employer argues that no Ohio Administrative Code section covers the exact situation. This defense works when the claimant cites a general OSHA guideline instead of a specific OAC rule. An experienced VSSR attorney knows the codes inside and out.
“The worker caused their own injury”
The employer claims the worker removed the guard, ignored safety procedures, or acted recklessly. While employee misconduct can be relevant, it does not automatically defeat a VSSR if the employer failed to enforce safety rules or provided inadequate training.
“The violation didn’t cause the injury”
The employer argues the injury would have occurred even if the safety rule had been followed. Causation is often the most contested element, and expert testimony from industrial safety engineers is frequently necessary to establish the causal link.
Common VSSR questions
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