What are Workers Compensation Benefit Laws in Ohio?

If you have been injured on the job in the state of Ohio, you may be wondering what rights you have and how the workers compensation benefit laws affect you. You should first make sure to follow your employer’s procedures for filing an accident report and seek medical attention. Make sure the doctor knows that the injury occurred at work. Your employer is responsible for reporting the injury to the Ohio Bureau of Workers’ Compensation (BWC).

Temporary Total Disability Benefits

If you have been injured on the job or contracted a disease due to your occupation and are completely unable to work, you are entitled to receive temporary total disability benefits. You must be unable to work for at least two weeks as the first week is not included. Your benefit amount is determined by your average earnings prior to the injury or illness. Minimum and maximum amounts are determined by the statewide average weekly wage (SAWW). 

Temporary total disability benefits are paid in two different stages:

• The first 12 weeks – benefit payments are 72% of your wages prior to your injury up to your take-home pay pre-injury or the maximum SAWW, whichever is less.

• After 12 weeks – benefit payments are adjusted to 2/3 of your wages pre-injury, up to the maximum SAWW.

The cap on benefits determined by SAWW are adjusted each January. If you are injured in 2020, the maximum amount is $980 and reduced down to $653.33 if you are receiving Social Security retirement benefits. 

Temporary total disability benefits can last up until you are able to get back to work, until your doctor releases you or states that your condition will not improve or until a maximum time period of 200 weeks. Your employer can make another position available to you if you cannot yet perform your old job to get you back to work sooner. 

Temporary Partial Disability 

There are also benefits for lost wages due to temporary partial disability, if you cannot perform your normal work but you can perform work in some capacity. Temporary partial disability benefits are based upon 2/3 of the difference between your wages earned pre-injury and what you are able to earn now. For example, if your income used to be $1000/week, but now you can only earn $400/week, 2/3 of the difference of $600 is $400 which would be your benefit. 

These benefits are also available for up to 200 weeks, whether your employer placed you on different, light-duty work or you started a new, lower paying job.

Permanent Total Disability Benefits

If you receive temporary total disability benefit payments at 200 weeks and still have permanent limitations, you will be evaluated to determine any permanent limitations. You may be considered totally and permanently disabled if:

• You have a complete loss of the use of both arms, legs, hands, feet, eyes or any combination of two of these body parts

• You cannot hold long lasting employment with your current skills or any that you could reasonably develop

If deemed as permanently and totally disabled, you would continue to receive payments for a lifetime. 

Permanent Partial Disability Benefits

Permanent partial disability occurs if you have been permanently impaired although not totally. This type of disability is calculated in three different ways; by a percentage of overall disability, according to the loss of body parts or limbs or awarded for long term disfigurement. 

Additional rules apply and other benefits may be awarded to injured workers or survivors. It is important to speak with an experienced personal injury or workers’ compensation lawyer with experience in dealing with the BWC. 

Experienced Workers’ Compensation Lawyer in Ohio

Schiff & Associates is an experienced workers’ compensation law firm in Ohio, with vast expertise in dealing with workplace accidents and the Bureau of Workers Compensation. 

Schiff & Associates has over 35 years of experience in providing trusted legal representation in personal injury, auto accidents and workers’ compensation claims. We work with you on a contingency basis so you do not incur any fees unless we make a recovery for you. Contact us for help in navigating the complex workers’ compensation system and for skilled and experienced legal representation.