For the purpose of providing compensation to
workmen and their dependents, for death, injuries or
occupational disease, occasioned in the course of such
workmen’s employment, laws may be passed establishing
a state fund to be created by compulsory contribution
thereto by employers, and administered by
the state, determining the terms and conditions upon
which payment shall be made therefrom. Such compensation
shall be in lieu of all other rights to compensation,
or damages, for such death, injuries, or
occupational disease, and any employer who pays the
premium or compensation provided by law, passed in
accordance herewith, shall not be liable to respond in
damages at common law or by statute for such death,
injuries or occupational disease. Laws may be passed
establishing a board which may be empowered to
classify all occupations, according to their degree of
hazard, to fix rates of contribution to such fund according
to such classification, and to collect, administer
and distribute such fund, and to determine all
rights of claimants thereto. Such board shall set aside
as a separate fund such proportion of the contributions
paid by employers as in its judgment may be necessary,
not to exceed one per centum thereof in any year,
and so as to equalize, insofar as possible, the burden
thereof, to be expended by such board in such manner
as may be provided by law for the investigation and
prevention of industrial accidents and diseases. Such
board shall have full power and authority to hear and
determine whether or not an injury, disease or death
resulted because of the failure of the employer to comply
with any specific requirement for the protection of
the lives, health or safety of employees, enacted by the
General Assembly or in the form of an order adopted
by such board, and its decision shall be final; and for
the purpose of such investigations and inquiries it may
appoint referees. When it is found, upon hearing, that
an injury, disease or death resulted because of such
failure by the employer, such amount as shall be found
to be just, not greater than fifty nor less than fifteen
per centum of the maximum award established by
law, shall be added by the board, to the amount of the
compensation that may be awarded on account of such
injury, disease, or death, and paid in like manner as
other awards; and, if such compensation is paid from
the state fund, the premium of such 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 such additional award, notwithstanding
any and all other provisions in this constitution.
Structure Ohio constitution