Have you been injured on the job or contracted an illness as a result of your job? If so, Ohio law requires employers to compensate injured workers for wage loss, medical expenses, permanent disability and more, no matter who was at fault for your injury.
Workers’ Compensation is a medical evidence driven and deadline based system that can become stressful and overwhelming. Having an experienced attorney to guide you through the process and protect your rights is pivotal to your recovery.
We are experienced in and can help you with numerous issues, including the following:
- Temporary Total (TT)– Temporary Total is provided to compensate an injured worker who is totally disabled from work for a short period of time due to the work related injury or occupational disease. TT is generally the initial award of compensation paid to compensate for lost wages.
- Percentage of Permanent Partial Award (%PP)– A certain amount of permanent damage (called residual damage) may remain as a result of the injury. %PP is commonly referred to as a C-92 award approved for residual impairment resulting from an allowed injury or occupational disease according to ORC 4123.57. For example, if an injured worker sustains a broken arm and can no longer extend it to the full degree, s/he would be eligible for an award based upon the residual loss. The permanent impairment may be physical or psychiatric.%PP is not payable for any psychiatric condition(s) unless there is an allowed accompanying medical condition in the claim. C-92/C-92A awards are based on medical information and the findings of the exam/review. Their determination is supported by an independent exam and the examining physician will not contact the injured worker’s doctor/provider of record for medical information.
- Wage Loss (WL)– Paid to an injured worker whose earnings are reduced as a direct result of restrictions from the allowed conditions in the claim. Wage loss is payable in claims with a date of injury or diagnosis on or after August 22, 1986.
Two conditions must be met for eligibility:
- 1) A loss or decrease in wages exists; and
- 2) The wage loss is a direct result of the restrictions caused by the allowed conditions in the claim.
- Permanent Total Disability (PTD)– The injured worker’s inability to perform sustained remunerative employment due to the allowed condition(s) in the claim. PTD benefits compensate the injured worker for impairment of earning capacity. Compensation for PTD is payable for life. When an injured worker applies for PTD, s/he must attend an Industrial Commission of Ohio examination and hearing to determine if s/he meets the eligibility criteria.
- Lump Sum Settlement– Per Ohio Revised Code (ORC) 4123.65, a settlement can be initiated only by the injured worker/injured worker representative, employer/employer representative or BWC. The managed care organization (MCO) is not a party to the settlement; therefore, the MCO may not initiate nor advise the injured worker to settle. However, an MCO may identify potential candidates for pursuit of settlement based on treatment patterns/trends.