Legal Options For Injured Workers In Ohio
There are a number of different benefits that are available to injured workers, depending on the injury that they have sustained. The type of disability claims that our Ohio Work Injury lawyers see the most are listed below.
Temporary Total Disability
Claims based on temporary total disability are those that our Ohio work injury attorneys see most often. When workers are injured on the job, they usually only have to stay off of the job for a short period of time. Temporary total disability helps to replace the wages that are lost while the individual is unable to work.
To file a temporary total disability claim, the injured worker must miss eight consecutive days of work. During the first 12 weeks of disability, the injured individual receiving the temporary total disability is compensated at 72-percent of their full weekly wage. This percentage is based on an average of the gross wages earned during the six weeks prior to the work injury accident.
After three months of temporary total disability, the injured individual will receive 66 2/3-percent of their weekly wage. This wage is calculated based on the worker’s average gross wages for one year prior to the injury.
While these figures do not totally replace lost income, workers’ compensation benefits are not taxable.
Permanent Partial Disability
When a worker sustains physical or mental injuries that will remain with them forever, but they may be able to continue working, they may be eligible for a permanent partial disability award. This is based on the percentage of their impairment. The waiting period for injures after an accident is 26 weeks.
To determine the percentage of lost wages due to the injury, a Bureau of Workers’ compensation doctor determines the percentage of impairment of the body part. This is based on the American Medical Association’s Guides to Evaluation of Permanent Impairment.
If a percentage is determined but the injured individual believes that it is too low, they can object to the finding. The hearing officer then examines the findings of the doctor and determines the percentage of impairment which is the basis of the compensation that the worker receives.
Permanent Total Disability
An individual who is seriously injured on the job and will never be able to gain employment again would be eligible for permanent total disability benefits. The injured worker is then able to receive compensation for life.
The amount of compensation that is received takes into the account the statewide weekly wage average and whether or not the injured worker receives Social Security benefits. Someone who would be eligible for this type of award would be one who is paralyzed following their work injury accident.
Work Injury Lawyer
If you or your loved one has been injured while on the job and is eligible for any of the above disability compensation awards, call our Ohio work injury lawyers. Our team of attorneys has represented countless individuals who have been injured at work and we are able to help them receive the compensation that they deserve for their injuries. We understand how difficult things can seem after a serious work accident which is why we treat our clients with respect and do everything in our power to improve their situation.