if you have not already done so, contact the BWC directly for information on additional work comp benefits for safety violations and/or injuries to minors.
many states have work comp benefit provisions to mitigate such employer behavior. while it would not qualify for litigation outside of work comp law or allow a personal injury suit, there could an additional monetary contribution from the employer or comp carrier for such a finding by the comp court.
P.S. check out "Application for Additional Award for Violation of Specific Safety Requirement in a Workers' Compensation Claim"
or VSSR award at the BWC website.
here is a link to the form
also read the SVIU publication here
you'll probably have to look at some caselaw. a lexis-nexis search might find something.
Thank you again! I will keep looking! I appreciate the maturity and helpfulness of the people in this forum. I had a bad experience on a worker comp forum where I was banned for asking someone( clearly a moderator using two user names) to stop using my post for his anti-government posts if he had no information that could help my research....
yup. tony's a bit of a bully and way too free with his use of his "banning" button: it's his way or the the hghway. glad you're on the right track now.
Thanks again! I have emailed a couple attorneys to see if they have had any cases involving an injured minor. But I now have some ideas of what I am looking for. But Im sure Ill be sticking around asking more info.
Can anyone tell me if the scheduled loss award has to be reported on my sons FASFA? I know it is not taxable but is it considered untaxed income? If so boy is that going to screw him over.
Promising outlook...After weeks of researching and speaking with two attorneys and two BWC reps who didn't seem to know about this I found what a blog I read hinted at. ORC 4123.89
4123.89 Minor is sui juris - additional award for violation.
For the purpose of this chapter, a minor is sui juris, and no other person shall have any cause of action or right to compensation for an injury to the minor employee, but in the event of the award of a lump sum of compensation to the minor employee, the sum shall be paid to the legally appointed guardian of the minor or in accordance with section 2111.05 of the Revised Code.
When it is found upon hearing by the industrial commission that an injury, occupational disease, or death of a minor working in employment which is prohibited by any law enacted by the general assembly was directly caused by a hazard of such prohibited employment, the commission shall assess an additional award of one hundred per cent of the maximum award established by law, to the amount of the compensation that may be awarded on account of such injury, occupational disease, or death, and paid in like manner as other awards. If the compensation is paid from the state fund, the premium of the employer shall be increased in such amount, covering such period of time as may be fixed, as will recoup the state fund in the amount of the additional award.
Effective Date: 10-20-1993 .
Now to make some new calls tomorrow and find out what to do next.
Just to rant. We went to the IC hearing today and were given a statement including email correspondence that states on 6/12 and 6/15 the site employers were told specifically that minors are NOT allowed to work the log splitter. MY son was assigned to the log splitter on 6/17 and had his finger amputated. This so wrong that they can be told within days and not be held negligent in Ohio court! Vent over haha.