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  1. #1
    john Guest


    I was in an accident at work that resulted in part of my foot being amputated. An OSHA investigation was performed and a violation cited. However the violation is with the procedure used. Since my ankle was not lost a

  2. #2
    john Guest


    John T. - Since your company was cited for a VSSR (Violation of Specific Safety Rule), per Ohio Revised Code Article 4121.47, you could possibly receive an additional $ award for your injury. If you can actually sue your employer, I do not know but suggest you study ORC Article 4123.74, Immunity of Complying Employers first. I am no authority, John, just another iw so do not discontinue your pursuit for justice with what I have shared.
    All the iw/disabled workers know we are on the short end of the receiving line! Have a nice day and Good Luck to all.

  3. #3
    john Guest


    John Brown - It was an OSHA citation which is not a VSSR. One does not necessarily lead to the other. OSHA is based on federal rules while a VSSR is based on state rules. The VSSR award is also based on the size of the company. I am told that pursuing a VSSR, through the Bureau, can be dangerous as small companies tend to take this personally. The awards can range from zero to half the amount of the rest of your award. The damage done with the employer is probably not worth the 5-10% I would likely receive. Thanks for your comments!

  4. #4
    getalawyer Guest


    From what I understand when OSHA violation occures you can sue common law. and in workers comp world you file for vssr but you do so just before two years is up from date of injury they base your award if you win on a % of what you have collected over that two years 15 to 50% But GOV just signed a bill to stop the double pay get a lawyer quick gov signed on 5 jan 04. 90 days after it goes in affect or make a dicision I would think you would get more in common court with a judge or jury and there would be less workers comp bullchit theres no garantee either way may have to prove employer had intentionally violated said safty violation or if someone ele,s was hurt same way get a good law firm

  5. #5
    Join Date
    Aug 1972
    West Central Ohio


    Ohio Workers Uncompensation Isurance is no fault, unless there is a saftey violation. I'am just an IW also, but I think you can sue them if OSHA issues a saftey violation/fine. Maybe try to do some reading, I would start here.

    Good luck,

  6. #6
    asaviour Guest


    John T. I would suggest that you get a lawyer that is not in the pocket of bwc. A cheap way to get expensive legal advice and a letter or phone call on your behalf is prepaid legal. It is 17.50 a month and you pay as you go. I beleive there website is www.***************** or do a search. Good luck this is still America and justice is at hand believe it or not.

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