Benefits That Are Available To Injured Workers | Toledo, Ohio workers compensation attorney
Temporary Total Disability:
This type helps replace wages lost for those unable to work for a certain amount of time. An example would be if a worker had a pallet fall on their foot and that prevented them from doing their job until their foot was healed. To qualify for this type of disability you have to miss 8 days in a row. For the first 12 weeks of being on disability the worker is receives 72 percent of their full weekly wage. This number is based on the average of the gross wages that were earned the six weeks prior to when the injury occurred.
After being on disability for 3 months it is reduced to 66 and 2/3 of the average weekly wage. This is calculated by the worker’s average gross wages for the year prior to the injury happening.
Permanent Partial Disability:
This is when a worker sustains a physical or psychological injury that will stay with them for the rest of their lives, but it may allow them to keep working. An example of this type of disability is if a worker gets burned on the job and is left with permanent scar tissue. In this type the worker would be eligible for a permanent partial disability award, which is then based on the percentage of the impairment. Injuries that happened before June 30, 2006, the worker had to wait 40 weeks to file this kind of claim. An injury that occurs after June 30, 2006, the waiting period was changed to 26 weeks.
To determine the percentage of loss the worker must be examined by a BWC doctor, the doctor then uses the American Medical Association’s Guide to Evaluations of Permanent Impairment to determine the percentage of impairment of the injured body part.
If the worker thinks this percentage is too low they can have their own doctor examine them and then the two findings are then looked over by a hearing officer and then decides the percentage of the compensation.
Permanent Total Disability:
To be eligible for this type of disability you need to be injured so seriously on the job that you’ll never be able to gain sustained employment. A more extreme example of this type of disability is when an injury causes a worker to become paralyzed. The injury does not need to completely incapacitate the worker for this disability to awarded though. If a hearing officer grants this type of disability then the worker can receive compensation for the rest of their life. This type of disability is calculated by taking into account the statewide weekly wage average and if the worker receives any Social Security benefits.
If you or someone you know has been hurt while on the job in Ohio, call our Toledo, OH workers compensation claim attorneys at toll free 800.637.8170 for a free case evaluation or to request your FREE copy of The Ohio Work Injury Book.