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VSSR and a Minor- 17 years old in Ohio
#1
Short story. 17 year working on a log splitter which is against state and federal minor labor laws. His index finger is 2/3 amputated. His claim was allowed for WC. He received compensation of 32.00 per week until he was mmi (approx 11 weeks later) He has been told he can only get a scheduled loss award for 2/3 of the max for a finger. I believe he is eligible for a vssr claim. His medical bills were all paid except for the pyschologist because they kept saying it wasnt an allowed claim even though we sent everything they asked for. He was diagnosed with adjustment disorder at the time. But is there anything else he get? Seems pretty unfair that his employer put him at risk as a child and he will not get much compensation even though it was a life changing event.
 
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#2
I assume this is an Ohio claim as there is a vssr process.
If so, that's it; no other benefits from comp.
Comp is no fault. The vssr is the Only additional benefit allowed for an illegal employment/ safety issue.
Under comp law both the employer and the employee are responsible for the consequences. Comp is not tort and does not have to make the employee whole.
If there was civil liability by a third party, those rights are still available to the employee. Any recovery from a third party suit would require reimbursement to comp for their costs.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
What about employing a minor in dangerous job under federal minor laws... is there any civil responsibility on the employer there?
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#4
Yes, there are fines and penalties but the poster seems interested in payments to the worker.
violation of federal labor law does not negate the employers protection from civil liability provided by their comp coverage. it may however be evidence in support of the vssr award.
I assume there would be an OSHA reporting if here was a vssr filing but it wouldn't hurt to notify the dept of labor anyway.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#5
(02-27-2017, 11:15 PM)1171 Wrote: Yes, there are fines and penalties but the poster seems interested in payments to the worker.
violation of federal labor law does not negate the employers protection from civil liability provided by their comp coverage. it may however be evidence in support of the vssr award.
I assume there would be an OSHA reporting if here was a vssr filing but it wouldn't hurt to notify the dept of labor anyway.


OSHA and DOL both came in a fined him. Sadly the 26,000 the government got is more than the worker will ever see. I guess we can go back and have them do an adjustment on his TT for that summer based on special circumstances but that's not going to amount to much. Blah. Sad that the system is protecting him in this case.
 
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#6
Work comp laws are designed to protect vast numbers of employees; not every worker in every situation.
That's how very large populations have to organize/govern themselves in a society, city, state, country.
As often happens the individual employer/employee are too close to the situation to appreciate the larger good.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#7
(02-28-2017, 12:12 PM)1171 Wrote: Work comp laws are designed to protect vast numbers of employees; not every worker in every situation.
That's how very large populations have to organize/govern themselves in a society, city, state, country.
As often happens the individual employer/employee  are too close to the situation to appreciate the larger good.

Agreed Smile

Just a mamma bear who understands the world isn't fair and this is one of those crappy learning situations. Just wish there were better options in the case of wreckless employers.
 
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#8
So am I correct in this:
He will get a scheduled loss payment of approx 19,000
He got a pathetic 32.00 a week TT for the 11 1/2 weeks he was off work (based on his 6 weeks prior-off course he barely worked because he had knee surgery and had just went back to work that week-plus it was a summer job primarily)
If I prove VSSR he will get between 15-50% of those two amounts.

His medical was paid except the psychologist. I had to pay those out of my private insurance. So he quit going.
No on going medical appointments or medications. Just were told if the tip continues to bother him(painful at times) he can have an additional surgery to shorten the bone-advised against because he healed extremely well the first time (blessing!)

I assume that is all he can get. No settlements correct-those are for people with on going medical issues requiring continual drs care, such as back problems? Somewhere between 19,000 and 28,000 depending on the VSSR % allowed. If allowed.
Am I overlooking anything else? I see no reason to get an attorney if this is all he is entitled to. He has student loans for college so I am hoping to minimize the amount he does not get so he can at the very least graduate with little college debt.
 
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#9
Any disputed claim can be negotiated and settled. I do not know the strength of the evidence for a wage loss claim or scheduled loss and cannot give legal advice as to what he should do.
A message board is limited in the information it can provide especially as far as settlement value.
He can contact the ombud office for specific information relevant to the issues in his case
https://www.bwc.ohio.gov/home/contactus/ombuds.asp
Calculations of benefits for any individual state can be complex. I don,t do them regularly for Ohio and cannot verify the figures you posted.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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