Permanent Total Disability Benefits in Ohio
Ohio workers who have been injured on the job are usually entitled to benefits under the state’s workers’ compensation laws. The benefits depend upon the nature and extent of the injuries. Someone who is deemed unable to work is entitled to receive permanent total disability benefits. Call now to set up a free consultation with the PTD lawyers in Columbus, Ohio at Malek & Malek.
Who Qualifies for Permanent Total Disability?
A worker who sustains the loss or loss of use of upper extremities, lower extremities, eyes or a combination of any two, will understandably have a less difficult time proving his disability to the Industrial Commission of Ohio. All other claimants must undergo a thorough medical examination and evaluation, and a hearing before the Industrial Commission of Ohio that will determine whether the applicant will receive permanent total disability (PTD) benefits. If it is determined the claimant will never be able to do any work for money for the rest of his or her life due to a workplace injury, in most instances, he or she will then receive total disability benefits.
The formula used to determine disability benefits is based on the worker’s income. Benefits generally are set at two-thirds of the worker’s average weekly wage at the time of his injury, but may be more or less than that under state law.
Payment of Permanent Total Disability Benefits
Temporary total disability (TTD Comp) benefits are available as long as you are certified incapable of working or certified to work with restrictions but your employer cannot accommodate these work restrictions. Once you return to work or your work conditions have been found to have reached “maximum medical improvement”.
If there are “new and changed” circumstances that justify entitlement to temporary total comp, then you may re-open the door the door to receive a new period of compensation. “New and changed” circumstances may include your claim being additionally allowed for a new condition, undertaking surgery or some other significant treatment authorized through the claim, or you had returned to work and suffered an exacerbation of your allowed conditions.
Permanent total disability is available if you meet either of the following criteria:
- You have completely lost the use of both hands, feet, arms, legs, eyes, or any combination of any of those two body parts; or
- You are incapable of returning back to gainful employment due to the physical or psychological conditions in your claim. This remedy usually requires that you make some effort in returning back to work, either through your own volition or participation in vocational rehabilitation.
If you qualify for permanent total disability benefits, you would be entitled to receive permanent total disability benefits for the rest of your life. One caveat is that some folks who are found to be permanently and totally disabled also receive social security disability benefits. The one type of benefit will be offset by the other, i.e. no “double-dipping.”
If you have been injured on the job and are not able to work due to your injuries, contact the Columbus permanent total disability attorneys at Malek & Malek.