A workplace injury touches every part of your life. It can hurt physically, drain you mentally, and damage your finances. You probably never needed the Ohio Workers’ Compensation system before, but now you are faced with getting up to speed quickly.
Your first question is likely, “How are Ohio Workers’ Compensation payments calculated?”
Before you can seek workers’ comp in Ohio, there are several steps to take. The laws surrounding workers’ compensation in Ohio are complex and trying to master them while you’re also trying to heal is not ideal. Instead, you should consider working with the Ohio workers’ comp attorneys at a Kademenos, Wisehart, Hines, Dolyk & Wright Co., LPA. Let us do the paperwork and make sure you get the benefits you deserve.
Adrienne Hines and Victor Kademenos are Certified Specialsits in Workers’ Compensation Law. This means we have focused training recognized by the Ohio Bar Association in the practice of workers’ comp law.
Call us at (419) 625-7770 to set up a free consultation about how to calculate the correct benefit amount.
Workplace Injury Compensation
The Bureau of Workers’ Compensation (BWC) administers claims for injured workers in Ohio.
When workers’ comp claims are allowed, temporary total disability (TTD) payments start after an injured employee has been off work for more than seven days. That first seven days off won’t be paid unless your disability from the injury continues for more than two weeks.
How Long Do Benfits Last & For How Much
How much and how long you are paid on your workers’ comp claim depends on your wages and the extent of your injuries. Wages are calculated based on your average weekly wage (AWW). In addition, the state sets annual minimum and maximums for the weekly benefits that correspond to the type of injury. Most injury types will be based on a percentage of your typical weekly wage.
The current workers’ comp rates can be found here.
Types of Workers’ Comp Benefits
There are several types of allowable workers’ comp benefits. This includes temporary total disability (TTD) compensation, wage loss benefits, permanent total disability (PTD), permanent partial disability (PPD), scheduled loss, percentage loss, disfigurement, and death benefits.
How Ohio Workers’ Compensation Benefits are Calculated
Each benefit type has an allowed weekly claim amount and will depend on o the unique factors of your claim.
Temporary Total Disability (TTD)
If you break your leg while working and it requires surgery and six weeks of recovery, you would likely qualify for TTD. You are temporarily totally disabled while you heal. The state will pay 72% of your AWW (derived from your last six weeks of wages) for the first 12 weeks and two-thirds of your AWW after that.
Remember, state law caps those benefits at $950 a week for 2019 injuries. That amount could be lower if you receive social security retirement benefits. These TTD benefits may be paid until you reach maximum medical improvement (MMI), but not longer than 200 weeks.
These benefits can come into play in a few ways. One of the most common is that you were hurt at work, but not totally disabled. For instance, you trip and hurt your wrist badly so you can’t work on the factory assembly line. But you are cleared for light duty in the office. The issue, though, is that your hourly rate on the assembly line is more than for working in the office.
In this case, you’d be paid two-thirds of the difference between your assembly line wage and the office wage. So, if $1000 was your AWW before your injury, and now you make $400, your wage loss is $600 a week. Two-thirds of that loss is $400 and that would be your wage loss benefit.
We Can Make Sense of Your Workers’ Comp Benefits
When you are hurt at work, the last thing you want to do is puzzle over the law surrounding what workers’ compensation owes you. Let us help you understand your benefits and file your claim correctly, so you can concentrate on getting better.
The certified workers’ compensation lawyers at Kademenos, Wisehart, Hines, Dolyk & Wright Co., LPA will work to maximize your benefits and reduce your burdens.
Call today at (419) 625-7770 to set up a free consultation.