What Types Of Workers’ Compensation Benefits Are Available In Ohio?
If you suffered an injury or contracted a disease in the course or scope of your employment, you may be entitled to workers' compensation benefits. These benefits provide compensation for medical expenses, lost wages and other expenses created by your injury.
The Ohio Bureau of Workers' Compensation (BWC) offers various types of benefits, depending on the severity of your injury and the length of time it will affect you. Our experienced attorneys review the different types of workers' compensation benefits below.
Temporary Total
This benefit is provided to workers who have become totally disabled and are unable to work for a short period of time because of the injury or disease they have suffered. This is usually the first type of compensation awarded to workers to make up for lost wages.
Permanent Total Disability
This benefit is provided for the rest of the employee's life to compensate him or her for permanent impairment of his or her earning capacity. If your attorney applies for this benefit, you will have to attend an examination and hearing with the Industrial Commission of Ohio to determine if you meet eligibility criteria.
Percentage Of Permanent Partial Award
This is provided to an employee who suffered an injury leaving him or her partially disabled for the rest of his or her life. It is intended to compensate for the residual impairment from the injury.
For instance, this award might be provided to an employee who broke his or her arm and is no longer able to fully extend it. However, it will not be provided for a psychiatric condition unless there is an accompanying physical
injury.
Scheduled Loss
This is similar to the benefit above in that it provides compensation for residual impairment from an injury. However, the amount of the award is based on the loss suffered prior to treatment, not the workers' condition after he or she receives treatment.
This benefit is provided for amputations and loss of use, including loss of hearing and vision. An amputation is defined as the loss of a body part that results from severance through the bone due to a work-related injury.
Wage Loss
This is provided when a worker's earnings are reduced because of impairments from the injury or disease. There are two eligibility criteria for wage loss:
- The employee experienced a reduction in wages
- The loss of wages directly resulted from impairments from the on-the-job injury
There are two forms of wage loss compensation:
Working Wage Loss
This is provided when the injured worker returns to work in a position other than the one he or she occupied before the injury. This could include returning to the same employer in a different position or working at a different employer with different responsibilities, lower pay and fewer hours due to the restrictions created by the injury.
Non-working Wage Loss
This is provided to workers who are able to return to work but are unable to find suitable employment. Workers will not qualify for this benefit unless they can prove they are making a good faith effort to find employment.
Living Maintenance Wage Loss
This benefit is paid to workers who finished a rehabilitation plan and continue to have physical limitations that cause a reduction in wages when they return to work.
Living Maintenance
This is paid to workers while they are actively participating in an approved rehabilitation plan. This benefit is provided for a maximum of six months unless a review by the BWC shows that the injured worker would benefit from an extension.
Lump Sum Settlement
This is a one-time payment that settles the workers' compensation claim. A settlement offer can be initiated by the employee, his or her attorney, the employer, an employer representative, or the BWC.
This is a one-time payment to a worker who has visible damage to his or her face or head that has the potential to impair the worker's ability to obtain or retain employment.
The maximum amount of compensation an employee can receive is $10,000. The specific amount an employee receives will be based on the severity of the damage. This award is paid in addition to other partial disability or scheduled loss awards.
Change Of Occupation
If you contracted silicosis, coal miners' pneumoconiosis or asbestosis, you may be entitled to compensation for having to change occupations. However, you have to show that you have been medically advised to change occupations so you can significantly reduce your exposure to asbestos, coal dust or silica dust.
There are numerous reasons why you need a lawyer for a workers' compensation claim.
For instance, an attorney can guide you through the entire workers' compensation process, from filing your initial claim to handling any appeals if your claim is denied. An attorney will also be a tireless advocate for your best interests.
At O'Connor, Acciani & Levy, we take claims on a contingency fee basis, so your initial consultation is free and we do not charge for our services unless you obtain compensation.
