Our Toledo, Ohio workers compensation lawyers want people to remember that although temporary total disability does not completely replace a worker’s lost income, workers’ compensation benefits are not taxable.
Sometimes workers sustain physical or psychological injuries that will remain with them forever, but may allow them to continue working. In such a case, the worker would be eligible for a permanent partial disability award based on the percentage of the impairment. For injuries that occurred prior to June 30, 2006, the injured worker had to wait 40 weeks before filing this type of claim. The waiting period for injuries after that date is 26 weeks.
In order to determine the percentage of loss, the worker is examined by a BWC doctor, who determines the percentage of impairment of the body part in question based on the American Medical Association’s Guides to Evaluations of Permanent Impairment.
If the injured worker thinks the percentage determined is too low, he can object to that finding and opt for examination by his own doctor. The hearing officer then examines the findings by the doctors and determines the percentage of impairment. That percentage is the basis of any compensation the worker would receive.
The percentage of disability determined by the hearing officer is used to calculate the award paid based on a formula employed by the BWC.
An example of an injury that would be the basis of a permanent partial disability claim would be a worker who gets burned on the job and is left with permanent scar tissue. A percentage of disability would be determined to calculate the award paid to the worker.