Ohio sees thousands of non-fatal workplace injuries each year. Many employees return to work quickly, meaning there were no lasting effects of the injury, and they recovered completely. However, others aren't so lucky.
In some cases, a workplace injury leaves an employee with permanent physical damage. Their lives are forever changed. Though it might not be a permanent total disability, they have a diminished earning capacity. Therefore, the Ohio workers' compensation system will usually offer permanent partial disability (PPD) benefits.
This article explains how PPD is calculated in Ohio. However, it's wise to consult with the lawyers at Schuerger Shunnarah Trial Attorneys. They go to war for Cincy, and it's possible to request a free consultation now! They can go over workers compensation temporary disability benefits in Ohio.
What Are Permanent Partial Disability Benefits?
Permanent partial disability (PPD) is available to Ohio workers who have experienced residual damage from a work-related injury or illness. The residual damage is considered a permanent injury that won't be resolved; the employee has recovered as best as they can but won't return to their former physical state. In a sense, the employee can't work as they did before.
Ultimately, permanent partial disability benefits will address that loss of earning capacity the injury created. This is much different than a permanent total disability, though both are part of the workers' compensation system available in Ohio.
For example, a factory worker had a piece of equipment fall on his arm, which broke his elbow. He got the proper treatment and healed. However, he can't extend his arm fully anymore. He could still work and perform his job functions, but he has a permanent impairment that might qualify for PPD benefits. Schuerger Shunnarah Trial Attorneys can also advise on how much compensation for death at work in Ohio.
How the Ohio Workers' Compensation System Calculates PPD Compensation
Typically, permanent partial disability benefits are paid like other workers' compensation benefits - every other week. The amount is primarily based on two-thirds of the person's average weekly wage, but that amount cannot exceed one-third of the SAWW (statewide average weekly wage.)
However, PPD benefits could also use the scheduled loss style. These payments are also calculated at two-thirds of the person's wage, but they cannot exceed 100 percent of the SAWW.
Overall, PPD benefits focus on the extent of the injury. Therefore, injured workers must get an independent medical exam so that the doctor can determine the impairment level. A percentage is then assigned to the injury, with the compensation equal to that number.
With the example above, it might be determined that the factory worker experienced a 20 percent impairment. Therefore, he would get 20 percent of his maximum compensation.
Importance of the Impairment Rating and Medical Exam
The impairment rating and medical exam are crucial to obtaining permanent partial disability benefits. A very small change in the rating could be a significant difference for the injured worker, meaning they could see much less compensation.
Employees can challenge the rating if they believe it is too low. In fact, they have 20 days after receiving the rating notice to file their objection with the BWC (Bureau of Workers' Compensation.) The worker must appear before the Industrial Commission, which hears the claim and provides a ruling. In fact, the IC can uphold the initial rating, lower it, or raise it.
When to File a Workers' Compensation Claim
State law says that injured workers must file for PPD benefits six months after the work-related injury. In some cases, the PPD-eligible injury didn't lead to missed work, but the other injuries required time off, so they were technically totally disabled for a short time and could get temporary total disability benefits.
The six-month window will start:
On the date of the last payment for temporary total disability - If a person misses work and receives temporary total disability, they will have to wait for the TTD benefits to cease before applying for PPD benefits.
On the Injury Date - If the person didn't miss work and got paid full wages after the injury or they missed work and weren't otherwise compensated, they should file a PPD claim.
Ultimately, if someone suffers a work-related injury that caused lasting damage, they could be eligible for PPD benefits. It's crucial to work with an Ohio workers' compensation lawyer to get assistance and advice about the potential case.
Common Conditions Resulting in Permanent Partial Disability Benefits
If one suffers a permanent impairment after becoming ill or being injured at work, they could be eligible for permanent partial disability benefits. In fact, PPD is awarded for various medical conditions, including:
Vision Loss
Traumatic Brain Injuries (TBI)
Respiratory Diseases
Repetitive Stress Injuries (Carpal tunnel syndrome, bursitis, golfer's elbow, tennis elbow, tendonitis, ulnar tunnel syndrome, De Quervain's tenosynovitis, etc.)
Post-traumatic Stress Disorder
Joint Injuries (wrist, knee, ankle, shoulder, elbow injuries)
Hearing Loss
Back Injuries
Loss of Body Parts (fingers, hands, legs, toes, feet, etc.)
What an Experienced Workers' Compensation Lawyer Can Do
Injured workers are allowed to have legal representation, and it's important to work with a workers comp attorney in Cincinnati who understands workers' compensation law.
The Industrial Commission and the BWC will require complete and compelling evidence of the injury and how it affects the injured Ohio workers' life. Lawyers will help victims:
State the case at hearings
Prepare/file documents
Secure expert witnesses
Obtain medical records
Gather evidence to prove that the worker has not reached maximum medical improvement
Choose Schuerger Shunnarah Trial Attorneys
Suffering a workplace injury can be daunting for the victim. They likely want to work, but they're unable to do so, which leaves them feeling unsure about their financial future.
Luckily, permanent partial disability benefits are there to help, as well as other types of workers' compensation. It's important to know which ones are available and pertinent to the case, but it's often difficult for employees to do alone. Therefore, it's wise to speak with an experienced attorney, and Schuerger Shunnarah Trial Attorneys can assist.
Victims can request a free consultation by calling or using the online form to ask questions about a potential permanent partial disability award. Don't suffer from wage loss; compensation might be possible through worker's comp claims!
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