Permanent Partial Disability Compensation – Ohio Workers Comp Lawyer
Can I Get Pain and Suffering for my Ohio Workers COMP Claim?
This is a common question I receive as a workers comp lawyer from folks who have suffered a workplace injury. The short answer is no. However you may be entitled to a form of compensation called a permanent partial disability award otherwise known as a C92 award. An Ohio workers comp lawyer can help you maximize your C92 award.
The easiest way to understand a PPD award is consider that prior to your work injury you were theoretically perfect. If you were a character in a video game you would have 100% of your health. After your work injury you are now at 90% health. Do you get anything for the fact that you now have a 10% permanent impairment?
Yes, and that is called a C92 award.
How Do I Get Permanent Partial Disability Compensation ( PPD AWARD )
Simple you submit an application for a permanent partial disability award via the Ohio BWC. The BWC makes it super easy to apply for this award on their website. This will trigger the BWC reaching out to you to schedule a C92 examination by a BWC doctor. You’re allowed physical or mental conditions will be evaluated, and that doctor will assign you a percentage partial impairment. The BWC will then issue an order indicating that you be paid that Percentage Permanent Partial Impairment award. If you disagree with that order you appeal, and then the issue of the percentage goes before a hearing officer.
Your workers comp lawyer may then decide to have you examined by a different doctor. That doctor may assign you a high percentage. At the hearing your workers comp attorney will argue for the higher of the two percentages. The employer’s rep or the BWC will argue for the lower. The hearing officer will then come to a compromise.
Why is PPD Compensation Considered an Award for Pain and Suffering?
In workers comp you don’t receive traditional personal injury monetary damage awards. Along those same lines pain and suffering is not a factor when determining whether or not you are entitled to temporary total disability compensation or say permanent total disability compensation. But when the hearing officer is listening to the arguments of the attorneys for the higher or lower percentage, the serious of your workers comp injury comes to play. If you have been off work for a substantial amount of time and if you have had significant medical treatment in the form of surgery, the hearing officer is more likely to find that you have a higher permanent partial impairment.
When can I File for a Permanent Partial Disability Award ( C92 )?
You or your Columbus, Ohio workers comp lawyer may file an application for a Permanent Partial Disability Award 26 weeks after the date of your work injury or 26 wees after the last date you received temporary total disability compensation, whichever is later.
How is My Permanent Partial Disability Compensation (C92) Calculated?
Its a bit less straightforward than it should be. But at the base level for every percentage you are awarded you are paid two weeks of temporary total disability. So if you are found to have a 10% permanent partial impairment you are paid 20 weeks of temporary total disability compensation.
The trick is, its paid differently than temporary total disability is paid. That is where the confusion comes in. To that end Ohio workers comp lawyer Kip Malek has made a very helpful step-by-step tutorial on how to actually calculate a Ohio permanent partial disability compensation award, otherwise known as a C92 award:
If you have further questions about permanent partial disability compensation contact a Columbus workers comp lawyer at Malek & Malek for a free consultation.