Understanding the Workers’ Compensation Benefits Available in Ohio

When employees in Ohio get injured on the job, they are entitled to workers’ compensation benefits. While there are eligibility criteria and exceptions, this is the general rule. If you have been injured on the job and you receive a regular paycheck and a W-2 from your employer, there is a good chance you are entitled to benefits, and it will be worth talking to a Columbus workers’ compensation lawyer about your legal rights.

What Injured Workers in Ohio Need to Know About Workers’ Compensation Benefits

Broadly speaking, workers’ compensation benefits in Ohio fall into two categories: medical and disability. But there are several different types of disability benefits, and in some cases, injured workers will be entitled to other benefits as well.

All of this makes understanding your legal rights as an injured worker in Ohio a challenge. But, while it is challenging, it is also extremely important. If you don’t know what benefits you are entitled to receive, you won’t know if you are receiving the full benefits you deserve. When you hire an experienced Columbus workers’ compensation lawyer to represent you, your lawyer will be able to explain the benefits you are entitled to receive based on your individual circumstances—and your lawyer will be able to fight to secure these benefits on your behalf.

Types of Workers’ Compensation Benefits in Ohio

If you’ve been injured on the job in Ohio, what workers’ compensation benefits are you entitled to receive? Here is an overview of the types of benefits that might be available to you:

Medical Benefits

If you are eligible to file for workers’ compensation, you are eligible to receive medical benefits under Ohio law. Medical benefits cover the costs of treating your on-the-job injury, provided that you see a doctor who is certified by the Ohio Bureau of Workers’ Compensation (BWC) after your first visit. As the BWC explains:

“If the doctor you initially see is certified by BWC, you can continue to see them. You can choose a different medical provider if you prefer, as long as they are also BWC-certified. . . . [After] your first visit, you will be responsible for paying your own medical bills if you choose a medical provider who is not BWC-certified.”

By law, you are entitled to coverage for all “reasonable and necessary” medical expenses related to your on-the-job injury. However, sometimes the BWC will disagree with workers’ healthcare providers about what is “reasonable and necessary” under the circumstances at hand. In this scenario, workers can face denials of coverage, and they will need to rely on their Columbus workers’ compensation lawyer to help make sure they can get the treatment they need at no out-of-pocket cost.

Disability Benefits

While medical benefits cover the costs of injured workers’ healthcare, disability benefits cover (or at least help cover) injured workers’ lost wages when their injuries restrict their ability to work. In most cases, disability benefits are only available when an employee misses at least seven days of work.

If an eligible employee misses more than seven days of work, disability benefits will typically begin on the eighth day. However, if an eligible employee misses 14 or more days of work, then the BWC will cover the employee’s first seven days of missed work retroactively.

There are also two circumstances in which injured workers are immediately entitled to disability benefits. These are:

• The employee is entitled to “scheduled loss” permanent partial disability benefits; or,
• The employee is entitled to benefits for a violation of a specific safety requirement (VSSR).

As we said above, there are several different types of disability benefits in Ohio. Depending on the nature and severity of your job-related injury, the types of disability benefits you may be entitled to recover include:

Permanent Partial Disability Benefits

Permanent partial disability (PPD) benefits help cover eligible employees’ lost wages when they suffer an injury that permanently impairs their ability to work. These are commonly referred to as “loss-of-use” injuries. PPD benefits can either be calculated based on the percentage of an employee’s impairment or based on the specific nature of the employee’s injury (a “scheduled loss”).

Permanent Total Disability Benefits

Permanent total disability (PTD) benefits help cover eligible employees’ lost wages when they are permanently unable to work due to a job-related injury. If your job-related injury has forced you out of the labor market, it will be especially important to hire an experienced Columbus workers’ compensation lawyer who can help ensure that you receive the full benefits to which you are legally entitled.

Temporary Total Disability Benefits

If you suffer an injury on the job that prevents you from working for seven days or more, you may be entitled to receive temporary total disability (TTD) benefits. If it eventually becomes clear that you will never be able to return to work, then you may be eligible to transition from TTD to PTD benefits. Generally, TTD benefits end when either: (i) you are able to fully resume your pre-injury employment; or (ii) you reach your “maximum medical improvement” and further recovery is not possible.

Wage Loss Benefits (Temporary Partial Disability Benefits)

Temporary partial disability benefits are referred to as wage loss benefits under Ohio law. If you lost your job after your injury and are unable to find suitable employment, you may be entitled to wage loss benefits in this scenario as well.

If you are eligible for wage loss benefits, you will also want to find out if you are eligible for wages in lieu of temporary compensation through your employer. Some employers will continue voluntarily paying their employees’ full wages even when they can only work in a limited capacity or part-time. Your Columbus workers’ compensation lawyer will be able to assist with this as well.

Additional Benefits

While medical and disability benefits are the two main types of workers’ compensation benefits available to injured workers in Ohio, additional benefits are available in some cases as well. Some examples of additional benefits you may be eligible to receive include:

• Change of Occupation – First responders and certain other employees who have been diagnosed with asbestosis, pneumoconiosis or silicosis may be eligible for additional benefits if their doctors advise them to change their occupation.
• Facial Disfigurement – If you suffered an injury that resulted in facial scarring or disfigurement, you may be eligible to receive an additional one-time benefit.
• Living Maintenance – If you opt to participate in a BWC-approved rehabilitation plan, you may be eligible to receive living maintenance benefits during your participation.
• Travel Reimbursement – If you need to travel outside of your community to undergo medical evaluation or treatment, you may be eligible to receive reimbursement for your travel.
• Violation of Specific Safety Requirement (VSSR) – If you were injured on the job due to a VSSR committed by your employer, you may be entitled to an additional benefit in this scenario as well.

Here too, your lawyer can assist you with determining which benefits you are eligible to receive and making sure you receive the full benefits you deserve. To minimize your risk of facing unnecessary issues with your workers’ compensation claim, we recommend that you consult with a lawyer as soon after your injury as possible.

Death Benefits for Family Members

Spouses, minor children, and other dependents who lose loved ones to fatal workplace injuries may be eligible to receive death benefits through Ohio’s workers’ compensation system. Death benefits are similar to disability benefits in that they provide compensation for the loss of income resulting from the victim’s injury. If the victim was awarded disability benefits prior to his or her death but had not yet received them, eligible dependents may be entitled to receive these “accrued” benefits as well.

IMPORTANT: Lump Sum Advancement vs. Lump Sum Settlement

Regardless of the specific type (or types) of workers’ compensation benefits you are eligible to receive, receiving your benefits up front in a lump sum payment can help avoid unnecessary issues and provide much-needed peace of mind. However, before you accept a lump sum payment, it is critical to make sure you know whether this is a lump sum advancement or a lump sum settlement.

While a lump sum advancement is a “pre-payment of future compensation for financial relief and rehabilitation purposes,” a lump sum settlement is a “written agreement that results in the closure of a claim.” Although entering into a partial settlement is an option in some circumstances, in most cases, once you enter into a settlement agreement with the Ohio BWC, your claim will be over. If you settle your workers’ compensation claim before you know how much you are entitled to recover, you won’t be able to go back and ask the Ohio BWC for more.

Schedule a Free Consultation with a Columbus Workers’ Compensation Lawyer at Malek & Malek Law Firm

Do you need to know more about your right to workers’ compensation benefits for a job-related injury in Ohio? If so, we invite you to schedule a free consultation with a Columbus workers’ compensation lawyer at Malek & Malek Law Firm. To speak with an experienced lawyer in confidence as soon as possible, call us at 888-444-7440 or tell us how we can help online today.