In our last post, we provided an overview of the essential provisions of Ohio’s workers’ compensation law. In this post, we will provide a summary of the kinds of benefits that may be paid if a claim for workers’ compensation is successful.
The type and amount of benefits that are paid depends upon three factors: the nature of the injury, the extent (percent of disability) of the injury and whether the injury is permanent. Virtually all injured workers will receive a “temporary total” benefit if they are totally disabled, even for a short period of time. A “scheduled loss” award is paid to workers who lose a limb or suffer blindness or loss of hearing. These awards are based upon the worker’s medical condition prior to treatment or rehabilitation. A worker whose injury permanently causes the partial loss of use of a limb will receive a “percentage of permanent partial award” based upon the severity of the permanent injury. A worker who is rendered totally and permanently disabled by his or her injury will receive a lifetime benefit based upon the extent of the loss of earning capacity. (A worker who is permanently and totally disabled may also be eligible for Social Security Disability Insurance benefits).
All injured workers receive a wage loss benefit intended to compensate them for loss of income caused by the injury. In order to qualify for a wage loss benefit, the worker show (a) that he or she has returned to work but in new position that pays less than the former job and (b) that the lower wages are the direct result of the injury. A worker may receive either a working wage loss that reflects the difference between the worker’s pre- and post-injury wages or a non-working wage loss in cases where the worker cannot find employment due to the injury.
Anyone who is contemplating filing a claim for workers’ compensation benefits may benefit from a consultation with an attorney who specializes in representing injured workers. Such a consultation can provide a helpful analysis of the claim and of the likelihood of recovering benefits.
Source: Ohio Bureau of Workers’ Compensation, “Compensation Types,” accessed on Oct. 10, 2016