Workers' Comp Ohio

Understanding Temporary vs. Permanent Disability Benefits in Ohio Workers’ Comp

Ohio laws relating to workers’ compensation are designed to protect employees injured or ill due to their jobs. Workers’ compensation provides medical care and financial support while workers recover, helping ease the stress of missing work. 

Understanding Ohio workers’ comp benefits is essential. These benefits are categorized as temporary or permanent, depending on the nature and extent of the injury. Knowing which type of benefit applies to your situation can make a big difference in the kind of support you receive and how long it lasts.

This blog post explores temporary and permanent disability benefits under Ohio’s workers’ compensation system, detailing eligibility, calculation methods, and challenges in securing benefits. It also discusses the role of legal representation in maximizing compensation.

What Are Temporary Disability Benefits?

Temporary disability benefits related to workers’ compensation in Ohio are designed to provide wage replacement for employees who cannot work due to a job-related injury or illness. These benefits are intended to support workers recovering from their injuries and are expected to return to work in the near future.

To qualify for temporary disability benefits, an employee must meet specific eligibility criteria, including:

  • The employee must prove that the injury or illness is work-related 
  • The employee must be unable to perform regular job duties
  • A medical professional must certify that the employee is temporarily unable to work
  • The employee must file an Ohio workers’ comp claim with the Bureau of Workers’ Compensation (BWC) within the required timeframe

Ohio workers’ compensation allows temporary total disability (TTD) benefits. TTD benefits are provided to workers who cannot work due to an injury. The benefits replace a percentage of the worker’s lost wages, typically two-thirds of their average weekly wage, up to the state’s maximum allowable limit. These benefits are provided until the worker is medically cleared to return to work or reaches maximum medical improvement (MMI).

Duration and Medical Requirements

The duration of temporary disability benefits depends on the severity of the injury and the worker’s recovery process. TTD benefits can continue until the worker is released to return to full-time work or reaches MMI. The medical requirement is key to this process: ongoing medical evaluations are required to determine if the worker’s condition has improved sufficiently to resume their previous employment.

Temporary disability benefits are not indefinite, and workers must provide updated medical documentation to continue receiving benefits. Once the worker reaches MMI, temporary disability benefits typically end, and the focus shifts to permanent disability benefits if the worker has lasting impairments.

What Are Permanent Disability Benefits?

When a work-related injury or illness results in long-term or permanent impairment, the worker may be eligible for permanent disability benefits. Ohio workers’ compensation provides two categories of permanent disability benefits: permanent total disability (PTD) and permanent partial disability (PPD).

  • Permanent Total Disability (PTD): PTD benefits are awarded to workers who cannot work due to injury. Workers who cannot perform gainful employment because of their injury may be entitled to PTD benefits. These benefits are calculated based on the worker’s average weekly wage and can continue for the rest of the worker’s life or until they can return to some form of work.
  • Permanent Partial Disability (PPD): PPD benefits are for workers who have a permanent injury but can still perform some work. These benefits are provided when a worker’s injury results in a permanent loss of function but does not prevent them from working altogether. PPD compensation is typically a one-time lump sum payment, and the amount depends on the extent of the worker’s disability.

How Disability Ratings Affect Workers’ Compensation

Workers’ compensation for permanent disability is primarily determined by the disability rating assigned to their injury. A doctor or medical evaluator assesses the severity of the injury and assigns a rating that reflects the percentage of impairment caused by the injury. Higher ratings correspond to higher compensation amounts.

For example, a worker with a 50% permanent impairment rating may receive more compensation than someone with a 10% impairment. This rating process is complex, and workers may need to consult a medical professional or legal expert to ensure they receive a fair and accurate rating.

Legal assistance is recommended if a worker’s claim is denied or if they encounter difficulties navigating the workers’ compensation system. Attorneys can help workers gather the necessary evidence, file appeals, and negotiate with insurance companies to secure a fair settlement.

V. Why Legal Representation Matters

How Attorneys Help Maximize Benefits

Attorneys specializing in workers’ compensation cases can help workers maximize their benefits by ensuring they meet all eligibility requirements, gathering strong evidence, and advocating during negotiations and appeals. They can also assist in obtaining a fair disability rating and negotiating for higher compensation in permanent disability cases.

Navigating Complex Workers’ Compensation Laws

Workers’ compensation laws can be complex, and navigating the system without professional help can be challenging. An attorney can help workers understand their rights, guide them through the claims process, and ensure they meet all deadlines and requirements.

Real-Life Case Examples

Real-life case examples show how legal representation can help secure disability benefits. For instance, an attorney might successfully argue that a worker’s injury qualifies for a higher disability rating, resulting in significantly increased compensation. In another case, an attorney might appeal a denied claim and secure the benefits that the worker deserves.

Get Answers About Your Workers’ Compensation Claim 

Understanding the differences between temporary and permanent disability benefits in workers’ compensation in Ohio is crucial for injured workers. By knowing the types of benefits available, how they are calculated, and the challenges in securing them, workers can take steps to protect their rights. A lawyer can help you make sense of the workers’ comp system and fight for what you’re owed.

If you’re unsure whether your work injury qualifies for temporary or permanent disability benefits, Horenstein, Nicholson & Blumenthal (HNB) can help you make sense of your options. Our workers’ comp attorneys understand Ohio’s complex system and will guide you through every step. 

Don’t leave your future to chance—reach out to HNB for a free consultation and get the clarity and support you need to move forward confidently.

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