Charles E. Boyk Law Offices, LLC
Work accidents can vary in severity and long-term effects. Some people who are injured at work are simply unable to work for a certain amount of time while others may never step foot on their job, or any other type of job again.
Our Toledo workers’ compensation lawyers explained in a recent post about how someone injured at work can ensure that their family will continue to be supported in light of the serious injuries.
In order to receive Temporary Total Disability, you have to have an allowed claim for a specific medical condition. There is then a specific form that you and your doctor will fill out that releases you from being able to do your work for a specific time period.
For example, if you were unable to work from January 1st to March 1st, your doctor would fill that out. You would then receive Temporary Total Disability that pays you 2/3rd of your wages for that specific period of time. You do not necessarily need an attorney to help you receive Temporary Total Disability, but often you will need an attorney to describe your legal rights and ensure that your employer does not kick you off this disability by having you visit their defense medical exam.
If a worker is a victim of an accident that results in a permanent injury, but they are still able to work, they would be eligible for permanent partial disability. The award or compensation given for this type of disability is based on the percentage of the impairment that is suffered.
If you have suffered an injury at work that resulted in permanent partial disability, you may file a claim 26 weeks after the date of the injury. The way that an injured worker can determine the percentage of loss from the injury is from an examination by a Bureau of Workers’ Compensation doctor. A BWC doctor will determine the percentage of impairment of the body part in question on the American Medical Association’s Guides to Evaluations of Permanent Impairment.
If an injured Ohio worker is seen by a BWC doctor and thinks that the percentage that is determined is lower than it should be, the injured worker can object to the finding and opt for an examination by their own doctor. In the event that this happens, the hearing officer then examines the findings by the doctors and determines the percentage of impairment from the work injury accident. The percentage then acts as the basis for any compensation that the injured worker will receive.
A formula exists to determine the award paid that uses the percentage of disability. An example of an injury that would be the basis of a permanent partial disability claim would be an Ohio worker who is 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.
Permanent total disability is a legal remedy and a legal right that you as an individual will have. When you have a workers’ compensation claim and are unable to perform any gainful activity for the rest of your work life, you can file for this claim.
In order to obtain permanent total disability, you will have to fill out specific forms and produce medical evidence that will convince a hearing officer that you are unable to perform any gainful employment for the rest of your life.
It is important to obtain an attorney if you find yourself in this situation because there are numerous things that must be done to ensure that your filing for permanent total disability goes through. Your employer and the industrial commission will fight you tooth and nail to avoid paying you for the rest of your life, which is why you will definitely want an experienced attorney on your side, making sure that you are doing everything necessary for the claim.
We understand that a serious work injury not only keeps you from working, but it affects your entire life. You may not be able to do the things that you love anymore, your family no longer has your financial support from your job and you may have to move from your home. It is our mission to help you through this life-changing situation and make sure that you are taken care of financially as you learn to live with your permanent injuries.
It is imperative to hire a lawyer to help you file all of the above claims. The truth of the matter is that your employer and their insurance company will not want to pay you the full amount of money that you deserve for your injury. Having a lawyer fight on your behalf will significantly increase your chances of receiving a favorable settlement.