Ohio Administrative Code › Title 4121 - Industrial Commission › Chapter 4121-3 - Claims Procedures › Section 4121-3-20 - Additional awards by reason of violations of specific safety requirements

Current through all regulations passed and filed through July 1, 2024
(A)
								For claims arising before September 15, 2020, an
								 application for an additional award of
			 compensation founded upon the claim that the injury, occupational disease, or
			 death resulted from the failure of the employer to comply with the specific
			 requirement for the protection of health, lives, or safety of employees, must
			 be filed, in duplicate, with the commission, within two years of the injury,
			 death, or inception of disability due to occupational disease.
			 For claims arising on or after September 15, 2020, an
			 application for an additional award of compensation founded upon the claim that
			 the injury, occupational disease or death resulted from the failure of the
			 employer to comply with the specific requirement for the protection of health,
			 lives, or safety of employees, must be filed, in duplicate, with the
			 commission, within one year of the injury, death or inception of disability due
			 to occupational disease. The commission shall make available a form with
			 which an application for an additional award by reason of a violation of a
			 specific safety requirement may be made. Such application should set forth the facts which are the
			 basis of the alleged violation and shall cite the section or sections of the
			 law or code or codes of specific safety
			 requirements which it is claimed have been violated. Such
			 
								application shall contain the claim number assigned by
			 the bureau to the claim for compensation or benefits under Chapters 4123. and
			 4131. of the Revised Code. The settlement of the underlying claim from which an
			 application for additional award by reason of a violation of a specific safety
			 requirement has been or may be filed abates any action on that
			 application.
(B) For the purpose of
			 this rule, "employer" shall be defined to include the customer employer of a
			 temporary service agency or the client employer of a professional employer
			 organization where the customer employer or client employer has the right of
			 control as to the manner or means of performing the work.
(C)
(1)
(a) The claimant or the claimant's
			 representative may amend the application to include any additional or
			 alternative violation, provided the amendment is filed within two years
			 following the date of injury, disability or death for
			 claims arising before September 15, 2020 or within one year following the date
			 of injury, disability or death for claims arising on or after September 15,
			 2020.
(b) The claimant or the
			 claimant's representative may submit an amendment of the application for
			 additional award for violation of a specific safety requirement beyond the
			 expiration of two years following the date of injury, disability or death
			 for claims arising before September 15, 2020 or within
			 one year following the date of injury, disability or death for claims arising
			 on or after September 15, 2020. Any such amendment must be submitted
			 within thirty days of the receipt by the claimant or 
										the claimant's
			 counsel of the report of the investigation by the bureau into the alleged
			 specific safety requirement violation. The claimant or the claimant's counsel
			 may request an extension of this period for an additional thirty days. Such
			 request must be submitted in writing within the original thirty-day period. If
			 properly submitted, the commission shall notify both parties and their
			 representatives of the granting of such request by mail. Such amendment shall
			 set forth all specific safety requirements omitted from the application made
			 prior to the expiration of the two-year period for
			 claims arising before September 15, 2020 or within one year following the date
			 of injury, disability or death for claims arising on or after September 15,
			 2020, which the claimant alleges were the cause of the injury, disease or
			 death, but which were omitted by reason of mistake or incompleteness. Copies of
			 any such amendments shall be forwarded to the employer and its representatives
			 as required by paragraph (D) of this rule. Any such amendment shall not raise
			 any unstated claim, but shall merely clarify a previously alleged
			 violation.