Types of Ohio Workers Compensation
What Workers' Comp Benefits Are You Entitled to?
When you file for workers' compensation through the state-operated Bureau of Workers' Compensation (BWC) system, the compensation awarded for your injuries can be in the form of medical coverage paid directly to your physician or treatment facility or monetary payments to cover your lost wages and earnings while you are off work.
How Do You Know What Compensation Is Best for You?
The BWC system is complex. Often, just getting your initial application approved for consideration is frustrating. Having an experienced lawyer answer your questions and give you sound, knowledgeable advice about your decisions can make a significant difference in getting the maximum compensation you deserve and the right kind of benefits.
The types of benefits and compensation available under workers' compensation include:
We have decades experience with Ohio workers' compensation laws and claims. Call us toll-free at 800-747-9330 from anywhere in Ohio, or contact us by e-mail to explain your circumstances. We offer a free initial consultation.
Read more about the different types of benefits provided by the Ohio BWC:
When you file for workers' compensation through the state-operated Bureau of Workers' Compensation (BWC) system, the compensation awarded for your injuries can be in the form of medical coverage paid directly to your physician or treatment facility or monetary payments to cover your lost wages and earnings while you are off work.
How Do You Know What Compensation Is Best for You?
The BWC system is complex. Often, just getting your initial application approved for consideration is frustrating. Having an experienced lawyer answer your questions and give you sound, knowledgeable advice about your decisions can make a significant difference in getting the maximum compensation you deserve and the right kind of benefits.
The types of benefits and compensation available under workers' compensation include:
- Temporary total disability
- Permanent total disability
- Permanent partial disability
- Wage Loss Compensation
- Living Maintenance Compensation
- Living Maintenance Wage Loss
- Survivor death benefits
We have decades experience with Ohio workers' compensation laws and claims. Call us toll-free at 800-747-9330 from anywhere in Ohio, or contact us by e-mail to explain your circumstances. We offer a free initial consultation.
Read more about the different types of benefits provided by the Ohio BWC:
Temporary Total Disability (TTD)
Temporary total disability (TTD) benefits are what most people think of as typical workers' compensation benefits. They are the cash benefits you receive when your injury temporarily prevents you from working in any capacity for any employer.
The amount of TTD payments will be calculated based on your earnings up to 1 year prior to your injury. The first 12 weeks are paid at your full weekly wage rate (FWW). While on FWW, you will be paid 72 percent of your average gross earnings during the six weeks prior to your accident including overtime, or one week prior to your date of injury excluding overtime, whichever is GREATER. After 12 weeks, you will receive 66 percent of your average weekly wage rate (AWW) earnings over the previous 52 weeks prior to the injury.
What Do You Need to Do to Qualify for Temporary Total Disability Benefits?
Your doctor will be required to certify in writing that you are unable to return to work in any capacity, due to the allowed conditions of your claim. You may also qualify for TTD benefits if your doctor certifies that you are capable of returning to work with certain restrictions, but your employer does not have work that meets the restrictions.
You may qualify for temporary total disability until such time that:
The amount of TTD payments will be calculated based on your earnings up to 1 year prior to your injury. The first 12 weeks are paid at your full weekly wage rate (FWW). While on FWW, you will be paid 72 percent of your average gross earnings during the six weeks prior to your accident including overtime, or one week prior to your date of injury excluding overtime, whichever is GREATER. After 12 weeks, you will receive 66 percent of your average weekly wage rate (AWW) earnings over the previous 52 weeks prior to the injury.
What Do You Need to Do to Qualify for Temporary Total Disability Benefits?
Your doctor will be required to certify in writing that you are unable to return to work in any capacity, due to the allowed conditions of your claim. You may also qualify for TTD benefits if your doctor certifies that you are capable of returning to work with certain restrictions, but your employer does not have work that meets the restrictions.
You may qualify for temporary total disability until such time that:
- Your doctor releases you to full duty
- Your employer offers light duty that your doctor feels you are capable of
- Your Industrial Commission Hearing Officer finds that you have reached maximum medical improvement.
Permanent Total Disability (PTD)
If your workplace injury resulted in a permanent total disability (PTD), you are entitled to receive lifetime benefits based on your average weekly earnings for 52 weeks prior to your accident. Under Ohio workers' compensation law, this benefit is the closest thing to Social Security disability benefits.
Qualifying injuries must be catastrophic. To receive PTD benefits, you must show that your injury will not allow you to perform any work tasks, in any type of job. Filing a successful PTD claim will be one of the toughest challenges you will face with the Ohio BWC.
Statutory Permanent Total Disability
There are two options for filing for compensation for a permanent total disability. The first way, of course, is to prove that your injury resulted in a complete disability. By statute, however, you can also receive PTD benefits if your injury resulted in the amputation or loss of two or more limbs or other body parts.
Qualifying injuries must be catastrophic. To receive PTD benefits, you must show that your injury will not allow you to perform any work tasks, in any type of job. Filing a successful PTD claim will be one of the toughest challenges you will face with the Ohio BWC.
Statutory Permanent Total Disability
There are two options for filing for compensation for a permanent total disability. The first way, of course, is to prove that your injury resulted in a complete disability. By statute, however, you can also receive PTD benefits if your injury resulted in the amputation or loss of two or more limbs or other body parts.
Permanent Partial Disability - Scheduled Loss
Determining Your Scheduled Loss Award Is Complex
Unfortunately, some workplace injuries are forever. If you suffered a permanent partial disability in a workplace accident, the amount of Ohio workers' compensation benefits you receive will be determined by the scheduled loss award, determined by the Ohio BWC.
What Is the Disability Scheduled Loss Award?
Primarily, the disability scheduled loss covers the amputation or ankylosis (disuse) of a part or function of your body. The disability loss schedule is easiest to understand as a kind of insurance policy covering every finger, toe, hand, foot and limb of your body. The loss of each digit, limb or body function equates to a specific number of weeks of compensation, according to the amount assigned on the disability loss schedule.
You Must Apply for Your Scheduled Loss Award
The Ohio BWC won't necessarily award you the benefit for your amputation or ankylosis injury unless you aggressively fight for it. It's money that is awarded on top of wage loss and living maintenance benefits. Don't leave it on the table. You will need the money for a lifetime of physical rehabilitation and medical treatment that regular workers' comp benefits simply won't cover.
Unfortunately, some workplace injuries are forever. If you suffered a permanent partial disability in a workplace accident, the amount of Ohio workers' compensation benefits you receive will be determined by the scheduled loss award, determined by the Ohio BWC.
What Is the Disability Scheduled Loss Award?
Primarily, the disability scheduled loss covers the amputation or ankylosis (disuse) of a part or function of your body. The disability loss schedule is easiest to understand as a kind of insurance policy covering every finger, toe, hand, foot and limb of your body. The loss of each digit, limb or body function equates to a specific number of weeks of compensation, according to the amount assigned on the disability loss schedule.
You Must Apply for Your Scheduled Loss Award
The Ohio BWC won't necessarily award you the benefit for your amputation or ankylosis injury unless you aggressively fight for it. It's money that is awarded on top of wage loss and living maintenance benefits. Don't leave it on the table. You will need the money for a lifetime of physical rehabilitation and medical treatment that regular workers' comp benefits simply won't cover.
Percent of Permanent Partial Disability (PPD)
Are You Facing a Permanent Partial Disability Because of Your Work Injury?
Percent of Permanent Partial Disability (%PPD) benefits are available to compensate you for a partial disability that will prevent the full use of an injured body part for the rest of your life.
Won't Payments for Permanent Partial Disability Kick in Automatically?
This benefit is not automatic. The American Medical Association publishes an annual guide listing the percentage of residual impairment, range of motion, flexibility and pain associated with each type of partial disability resulting from your injury. The Ohio BWC assigns a lump sum dollar amount based on the percentage of permanent disability you have suffered. Unless you specifically file for the award, the Ohio BWC will not automatically include this benefit as part of your claim. It is up to you to aggressively pursue the %PPD.
Don't leave this money sitting on the table. There is no good reason not to apply for this benefit. Even if you are able to return to work, you are eligible to file for the %PPD! You may be eligible to seek a lump sum award for your permanent partial disability.
Nearly every injured worker qualifies for some percentage of permanent partial disability payments. Aside from providing a lump sum award, this benefit establishes a baseline for the extent of your injuries and applicable benefits. The %PPD gives you the added benefit of extending the statute of limitations (filing deadline) on your claim as well.
Percent of Permanent Partial Disability (%PPD) benefits are available to compensate you for a partial disability that will prevent the full use of an injured body part for the rest of your life.
Won't Payments for Permanent Partial Disability Kick in Automatically?
This benefit is not automatic. The American Medical Association publishes an annual guide listing the percentage of residual impairment, range of motion, flexibility and pain associated with each type of partial disability resulting from your injury. The Ohio BWC assigns a lump sum dollar amount based on the percentage of permanent disability you have suffered. Unless you specifically file for the award, the Ohio BWC will not automatically include this benefit as part of your claim. It is up to you to aggressively pursue the %PPD.
Don't leave this money sitting on the table. There is no good reason not to apply for this benefit. Even if you are able to return to work, you are eligible to file for the %PPD! You may be eligible to seek a lump sum award for your permanent partial disability.
Nearly every injured worker qualifies for some percentage of permanent partial disability payments. Aside from providing a lump sum award, this benefit establishes a baseline for the extent of your injuries and applicable benefits. The %PPD gives you the added benefit of extending the statute of limitations (filing deadline) on your claim as well.
Living Maintenance (LM)
What Will Your Workers' Comp Living Maintenance Be?
The objective of the living maintenance program is to help offset the amount of money the injured worker loses while learning a new job skill because of the injury. Living maintenance (LM) is the supplemental compensation benefits paid to an injured worker while participating in an authorized vocational rehabilitation program. The amount is based on an average weekly rate of earnings over the previous year, and a minimum amount is set by the Ohio BWC for each calendar year.
Who Qualifies for Living Maintenance Compensation?
You are eligible for living maintenance benefits if you are enrolled in a vocational rehabilitation program and are unable to return to work.
Will You Be Forced Into a Particular Vocational Rehab Program?
Under Ohio law, injured workers may be required to participate in a vocational rehabilitation program to receive benefits. This is usually the case if your injuries result in a permanent disability that will not allow you to return to your former job or if your former employer is unable to provide work within the restrictions set forth by your doctor. Unlike in many states, you will be given a choice of vocational rehabilitation providers.
The objective of the living maintenance program is to help offset the amount of money the injured worker loses while learning a new job skill because of the injury. Living maintenance (LM) is the supplemental compensation benefits paid to an injured worker while participating in an authorized vocational rehabilitation program. The amount is based on an average weekly rate of earnings over the previous year, and a minimum amount is set by the Ohio BWC for each calendar year.
Who Qualifies for Living Maintenance Compensation?
You are eligible for living maintenance benefits if you are enrolled in a vocational rehabilitation program and are unable to return to work.
Will You Be Forced Into a Particular Vocational Rehab Program?
Under Ohio law, injured workers may be required to participate in a vocational rehabilitation program to receive benefits. This is usually the case if your injuries result in a permanent disability that will not allow you to return to your former job or if your former employer is unable to provide work within the restrictions set forth by your doctor. Unlike in many states, you will be given a choice of vocational rehabilitation providers.
Wage Loss
The function of working wage loss (WL) benefits is simple: to provide supplemental income to help you reach your earning capacity before your workplace injury. You may qualify for two distinct types of wage loss benefits.
Working wage loss: This is similar to living maintenance wage loss . You will receive two-thirds' the difference between your average weekly wage and what you are actually earning in a different job while recovering from your injuries.
Nonworking wage loss: This benefit is for injured workers who are actively seeking work within medical restrictions while receiving workers' compensation benefits. The amount is paid at the average weekly rate of earnings prior to the injury. A word of caution: When the Ohio BWC says that you must be actively seeking a job, it means it. You will be expected to show that you have submitted resumes and job applications, attended interviews and participated in face-to-face meetings with prospective employers.
How Many Weeks of Wage Loss Benefits?
Injured workers can qualify for up to 200 weeks of wage loss benefits, which includes a combination of working and nonworking WL benefits.
Working wage loss: This is similar to living maintenance wage loss . You will receive two-thirds' the difference between your average weekly wage and what you are actually earning in a different job while recovering from your injuries.
Nonworking wage loss: This benefit is for injured workers who are actively seeking work within medical restrictions while receiving workers' compensation benefits. The amount is paid at the average weekly rate of earnings prior to the injury. A word of caution: When the Ohio BWC says that you must be actively seeking a job, it means it. You will be expected to show that you have submitted resumes and job applications, attended interviews and participated in face-to-face meetings with prospective employers.
How Many Weeks of Wage Loss Benefits?
Injured workers can qualify for up to 200 weeks of wage loss benefits, which includes a combination of working and nonworking WL benefits.
Living Maintenance Wage Loss
Living maintenance wage loss (LMWL) benefits are similar to living maintenance (LM) benefits, with one key exception. If you are able to return to work in some capacity while participating in a vocational rehabilitation program, LM benefits can be used to supplement the difference between your new wage (often lower) and your average weekly wage you earned in the 52 weeks before your injury.
How Much Will Your LMWL Be?
Ohio workers' compensation will pay two-thirds' the difference between your average weekly wage (or full weekly wage — whichever is greater) and what you are actually earning on your job.
For How Long?
An injured worker participating in a vocational rehabilitation program is eligible to receive LMWL for up to 200 weeks. You may also qualify for up to 200 weeks of regular wage loss benefits while participating in the program.
How Much Will Your LMWL Be?
Ohio workers' compensation will pay two-thirds' the difference between your average weekly wage (or full weekly wage — whichever is greater) and what you are actually earning on your job.
For How Long?
An injured worker participating in a vocational rehabilitation program is eligible to receive LMWL for up to 200 weeks. You may also qualify for up to 200 weeks of regular wage loss benefits while participating in the program.
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To learn more about your workers' comp options, call us at 800-747-9330 or e-mail us to schedule a free consultation. All of the firms in our group handle cases on a contingency basis, so you will not owe any attorneys fees unless your lawyer helps you get compensation.