top of page
  • Writer's pictureRobert Schuerger II

Is Permanent Partial Disability for Life in Ohio? What Victims Should Know

Many employees suffer a workplace injury each year in Ohio, which causes them undue stress and physical pain. Usually, they will need medical attention and could be off work for a while. Sometimes, the best medical care isn't enough to enjoy a full recovery. Those people could face a lifelong disability and might be unable to work like they did before.


Permanent partial disability benefits can help these victims; the Ohio workers' compensation system offers this feature. The benefit is designed for those who deal with a permanent impairment, though they aren't completely disabled. Still, the disability impedes their full ability to work.


Workers' compensation is designed to help employees, but the claims process is challenging to understand and full of red tape. Cases of permanent partial disability are even more confusing.


Choose Schuerger Shunnarah Trial Attorneys

It's wise to work with a workers' compensation attorney, and Schuerger Shunnarah Trial Attorneys goes to war for Cincy and will help injured Ohio workers! Learn more about permanent partial disability benefits below and how long one can get them in this article! They can also go over workers compensation temporary disability benefits in Ohio.


What Are Permanent Partial Disability Benefits?

What Are Permanent Partial Disability Benefits?


After suffering an occupational disease or a work-related injury that leads to a body part's permanent damage, the victim might be eligible for permanent partial disability benefits. This often involves the partial/total loss of an extremity, such as a finger, hand, arm, leg, or foot. However, other medical conditions (physical or psychological) may qualify for PPD benefits.


With total permanent disability, the employee must be completely disabled and unable to work. However, that's not the case for PPD benefits.


The Calculation for Permanent Partial Disability and How Workers' Compensation Benefits Come Into Play


All other workers' compensation payments must end completely before the injured worker files for PPD. The benefits get calculated based on the worker's percentage of impairment caused by the injury or occupational disease, and it's a percentage of the whole person impairment.


Ultimately, a 100 percent impairment means total incapacitation. Think of a comatose person using a respirator. However, in a PPD situation, a high percentage of impairment gets a greater benefit.


The injured worker must apply for permanent partial disability compensation by filing the Application for Determination of the Percentage/Increase of PPD, which is called a C-92. They do this through the Ohio Bureau of Workers' Compensation. The forms are filed either:


  • 26 weeks from the injury date if other compensation isn't paid

  • 26 weeks after getting the last award for wage loss or temporary total disability


Medical Examination Information


Once the forms are filed, the injured worker must get medical evidence supporting their percentage of disability. There's a network of independent physicians who will perform the exams. Based on the medical examination report findings, the BWC issues a tentative order for the percentage of disability rewarded. Then, the employer and the injured worker have 20 days to object.


What If One Files an Objection?


The BWC works closely with the Industrial Commission of Ohio. If either party objects, the Industrial Commission will hear the case. Ultimately, the Industrial Commission rules based on what medical evidence is presented and available. It could agree with, decrease, or increase the previously awarded benefits. The BWC only pays benefits once the final decision has been sent.


Is Permanent Partial Disability for Life in Ohio?


No, a permanent partial disability award isn't given for life. They are awarded as a Percentage of Permanent Partial Disability or Scheduled Loss Compensation.


SL Payments

Typically, SL payments use this calculation: Two-thirds of the person's wage without exceeding 100 percent of the SAWW (Statewide Average Weekly Wage).


Percentage of Permanent Partial Disability

Alternatively, the percentage of permanent partial disability uses this calculation: Two-thirds of the person's wage without exceeding one-third of the SAWW. However, the maximum payment duration is 200 weeks. For example, the injured person gets awarded $200/month at a 40 percent rate. They get a total of $200/month for 80 full weeks (40 percent multiplied by 200 weeks equals 80 weeks.)


Eligibility for Ohio PPD Benefits


A victim could be eligible for PPD benefits if they were injured at work or became ill from the conditions on the job. For example, a construction worker loses a finger and is told by a doctor that they should avoid heavy lifting permanently. This job restriction was because of a work-related injury, so they could be eligible for the PPD benefits.


Common Injuries Qualifying as Permanent Partial Disabilities


Many injury types could qualify as a permanent partial disability. To see if there is a PPD claim, the BWC focuses on how much that injury impairs the person to earn money.


If the injury prevents the person from earning as much as they did before, and they can file a workers' compensation claim, a workers comp lawyer in Cincinnati can help them secure PPD benefits.


With that in mind, here are some injury examples that qualify for permanent partial disability compensation:


  • Back Injuries - Back injuries are the most common for PPD benefits because it's easy to hurt the back, and they can lead to long-term permanent physical damage/limitations.

  • Hearing Loss - Hearing loss can happen for many reasons and can significantly impair a person's life. It's wise to speak to a lawyer about partial permanent disability benefits.

  • Vision Loss - Vision loss is a type of permanent injury that results from many potential accidents. It's wise to file a workers' comp claim when possible.

  • Traumatic Brain Injuries - People often recover from concussions, but TBIs can have permanent effects. Workers are often eligible for workers' comp and PPD benefits in this case.


Why PPD Benefits Are Considered a Pain and Suffering Award


Workers' comp isn't the same as personal injury awards, so pain and suffering isn't a factor when determining if a person is or isn't entitled to permanent total disability compensation or temporary total disability compensation.


However, the seriousness of the injury is important. If the victim has been off work for a while and required significant medical treatment, they will probably get a higher compensation award.


Why Work with Schuerger Shunnarah Trial Attorneys

Why Work with Schuerger Shunnarah Trial Attorneys


Victims often have trouble determining the benefits they qualify for, especially when dealing with a medical condition. Therefore, it's wise to work with an attorney who can help people receive the permanent partial disability award they deserve.


Schuerger Shunnarah Trial Attorneys is here to help. Please call to request a free consultation to discuss the case today!

Comments


bottom of page