The Ohio Bureau of Workers’ Compensation (BWC) provides various types of work injury compensation benefits to workers injured on the job in Ohio. The specific benefit you can receive depends on the impact of your injury on you. The process of claiming Workers’ Compensation can be lengthy and complex. Your company or the BWC may deny coverage. That’s why consulting with an experienced workplace injury lawyer is crucial in determining your rights to compensation.
Injured or ill workers can recover benefits if:
- They cannot work (whether that is for a short period of time or ever again)
- They can return to work but at a lesser-paying position
- The injury affected them permanently
- The injury caused facial disfigurement
What benefits can I recover if I am unable to return to work?
Ohio workers’ compensation benefits offer two types of compensation if you suffer a work-related injury while on the job.
For example, if your doctor determines that you cannot work at all for a two-month healing period, you may qualify for Temporary Total (TT) compensation. Temporary total compensation is typically the initial form of compensation provided during an injured worker’s recovery from a work-related injury. It replaces lost income from work-related injuries.
The second type of compensation for individuals unable to return to work after an on-the-job injury is Permanent Total Disability (PTD). This compensation is payable for life and is granted to workers who are incapable of returning to work due to the severity of their injuries.
To determine eligibility for PTD, injured workers must attend an examination and hearing conducted by the Industrial Commission of Ohio. Once the BWC grants PTD benefits, the Disabled Workers’ Relief Fund may provide additional relief to cover increased cost-of-living expenses over time.
What if my injuries are permanent?
If a work-related injury has permanently damaged you, exploring all compensation benefits you may qualify for is crucial. For instance, disability benefits can provide financial support to individuals unable to work due to a permanent disability. Moreover, you may have medical benefits covering ongoing treatment or rehabilitation and vocational rehabilitation services to help you find new employment. Understand your options and work with a knowledgeable attorney to secure the compensation you deserve.
Scheduled Loss (SL)
For example, if you lose a limb in an accident at work, you might be entitled to Scheduled Loss (SL) compensation. Other types of permanent or residual damage eligible for SL compensation include loss of hearing or vision.
If you believe you are eligible for SL compensation, you must file a Motion C-86 and provide the BWC with medical evidence. Dollar amounts for SL awards are based on the type of injury and year the injury occurred.
Percentage of Permanent Partial Award (%PP)
If you have a less severe permanent injury, like being unable to fully extend your arm after breaking the bone at work, you may still qualify for a Percentage of Permanent Partial Award (%PP).
To make this type of workers’ compensation claim, you need to file a Motion C-92. %PP can include coverage for psychiatric injuries, such as post-traumatic stress disorders, under specific conditions. Psychiatric injuries must have a related physical injury, confirmation from two independent doctors, and medical examinations.
Facial Disfigurement (FD)
The BWC also provides a one-time award for visible damage to a worker’s face or head under its Facial Disfigurement (FD) compensation. To be eligible, the injury must have the potential to impair the injured workers’ ability to secure or retain employment.
The BWC bases compensation for FD on the severity of the damage. Injured workers will receive a lump sum of up to $10,000.
What if I am diagnosed with an occupational disease?
The BWC provides Change of Occupation (COA) compensation for injured workers who contract occupational diseases, e.g., silicosis, coal miners’ pneumoconiosis, or asbestosis, and who have received medical advice to change occupations to avoid coming into contact with silica dust, asbestos, or coal dust.
What if I cannot continue to work the same job?
If your injury makes you unable to return to your original job and you must take a lower-paying job instead, BWC may provide you with Wage Loss (WL) compensation. In order to be eligible for WL compensation, you must prove that your injury resulted in a wage loss or decrease.
There are two available forms of WL compensation:
- Working Wage Loss
- Non-working Wage Loss
Working wage loss (WWL) compensation is available for people who return to work in a new position that pays less due to different job duties or fewer work hours.
Non-working wage loss (NWWL) is available to injured workers who have received a doctor’s release to return to work “with restrictions” but who cannot find a job. In order to be eligible for NWWL, you must demonstrate is you are “making a good faith job search effort to secure employment within [your] physical restrictions.”
What work injury compensation is available while I am recovering from my injury?
The BWC provides Living Maintenance (LM) compensation to injured workers participating in approved rehabilitation plans. This compensation lasts for a total of six months, but extensions are possible.
The BWC provides Living Maintenance Wage Loss (LMWL) compensation for injured workers who complete a rehabilitation plan but continue to struggle with restrictions. LMWL compensation is provided for injured workers who must contend with lesser wages after completing a rehabilitation program and returning to work.
What work injury compensation is available for my family if I die at work?
If a worker dies as a result of an on-the-job accident or from an occupational disease, that worker’s family members can bring a Death Claim. Even if the worker was already receiving (or had received) workers’ compensation before death, the dependents of that worker can still file a claim for death benefits. The BWC bases awards on familial relationships and each beneficiary’s dependency on the deceased.
Surviving family members must file all claims for death benefits within two years of the worker’s death.
When should I contact an attorney?
If you got injured at work and are going through the workers’ compensation process, they might ask you to accept a settlement for your claim. Having an attorney review the proposed amount to ensure it’s fair based on your injuries is important. An attorney can also help you request advancements in your future compensation if you’re in financial need. Additionally, if you suspect that the safety violation caused your injury, you might be entitled to more compensation. At Gallon, Takacs & Boissoneault Co. L.P.A., our work injury attorneys can assist you in completing and filing Ohio workers’ compensation paperwork while striving to get you the largest settlement possible. Contact us today to learn more about how we can help at 419-843-6663 or by using our online contact form.
Ted Bowman is a Senior Associate and practices in the Workers’ Compensation and Social Security Disability sections. Ted began his career with GT&B in 1988. His reputation and success record as a trial lawyer arguing before the Industrial Commission on behalf of injured workers, as well as in trial courts and the Supreme Court of Ohio, are well known.