Temporary Total Disability Benefits in Ohio
Temporary total disability compensation is a form of workers’ compensation insurance available to injured employees who have been involved in a workplace accident and are medically incapable of returning to work (i.e. the “former position of employment”) as a result of the injury resulting in disability. Here is a brief overview of temporary total disability benefits in Ohio. We offer free consultations on all Temporary Total Disability cases. Call now to set an appointment with the TTD attorneys in Columbus, Ohio at Malek & Malek.
Temporary total disability compensation is one form of compensation available to injured workers in the state of Ohio. In order to establish that one is entitled to these disability benefits, an injured worker must demonstrate through medical evidence that he or she is both temporarily disabled and totally disabled.
In this context, the word “temporary” means that there is the expectation of improvement as it relates to the allowed physical or mental conditions in the underlying workers’ compensation claim (i.e. if a condition that is not recognized as having been caused by the work injury is causing the disability then the disabled person will not receive compensation for this period of disability unless this condition is added to the underlying claim, which is an entirely separate process). That is, there must be some indication of a treatment plan and the treatment plan should hopefully demonstrate the likelihood of improvement in the allowed conditions in the claim or an allowed condition in the claim.
In the event that the claimant has reached what is called Maximum Medical Improvement (“MMI”) or a treatment plateau then it would probably be legally appropriate for this injured person’s Temporary Total Disability Compensation to be terminated and possibly the person should pursue some other form of compensation such as Permanent Total Disability Compensation.
The other element in order to be found eligible for Temporary Total Disability Compensation is that one must demonstrate that he or she is unable to return to his or her former position of employment, which were the job duties that the injured person was performing at the time of the injury. If one can only return to restricted duty work then the person is still considered totally disabled, but this does not automatically mean that the claimant will be entitled to disability compensation. If the employer can accommodate restrictions then the injured person is required to work in this restricted duty capacity depending on whether the employer complies with certain rules. This is another reason you absolutely must confer with an experienced workers’ compensation attorney. I always tell my clients that once they have gone down that wrong passageway too long, it is VERY difficult to find your way back to the right path, especially in the instance that your employer is considered self-insured (i.e. typically large employers like the large big-box stores) versus state-funded.
The same rules and regulations apply to both types of employers, but self-insured employers usually retain savvy attorneys and have deep pockets and have no qualms about making your life difficult as it relates to securing the benefits and disability compensation that you should receive.
If you or a loved one have a TTD disability case, contact the Columbus temporary total disability lawyers at Malek & Malek for a free consultation.