Cincinnati Work Injury Lawyer

Types of Workers' Compensation Benefits

Average Weekly Wage

In order to get the workers’ comp wage benefit you deserve, you must first calculate your average weekly wage accurately. Certified Workers’ compensation specialist Mark L. Newman has decades of experience. He knows precisely how to calculate your average weekly wage in order to get you the best possible benefits.

The average weekly wage is the foundation for all wage benefits in Ohio. The BWC calculates this based on your wages in the 52 weeks prior to your work-related injury. Once they settle this amount, it remains the same. This is regardless of how long you receive benefits. If you were injured in 2008 and still receive benefits today, your benefits will be based on your 2007-2008 wages. This is why it is incredibly important to calculate your weekly wage accurately.

Some people receive the same amount in their paychecks every week. Others, such as freelancers or independent contractors, see their wages rise and fall dramatically. If you didn’t work the full year prior to your injury, your calculation will also be a bit more complicated. If these employment gaps factor into your average weekly wage calculation, you might not receive enough to stay afloat after your injury. 

 

A workers’ compensation expert like Mark L. Newman knows exactly how to calculate your average weekly wage in order to ensure the best possible benefit.

Temporary Total Disability and Permanent Partial Disability

Two of the most common workers’ compensation wage benefits are temporary total disability (TTD) and permanent total disability (PTD). 

Temporary total disability is one of the most common benefits in the Ohio workers’ compensation system. It is designed to help people who cannot return to work for a limited period of time. Injury victims receive benefits until they reach the point of maximum medical improvement. Maximum medical improvement is when the injured workers’ condition stabilizes. They may return to work once a doctor clears them to work. After this, the worker will stop receiving benefits.

Permanent total disability is for seriously injured workers. If a worker is injured at work and cannot return to work due to the severity and permanent nature of their injury can receive this benefit. Other factors for PTD eligibility include: age, education, work history, and other circumstances that may make it impossible for the worker to reenter the workforce at all. Injured workers who receive permanent total disability benefits receive payments for the remainder of their lives.

Wage Loss Compensation

Wage loss compensation is a benefit for injured workers whose earnings were reduced because of the allowed injury in their claim. It alleviates the financial stress of being forced to alter their career path because of a workplace injury or illness. 

In order to be eligible, a worker must demonstrate:

  • A reduction in earnings or position and responsibilities due to illness or injury. 
  • The wage loss is a direct result of the restrictions caused by the allowed injury. To do this, the injured worker will need medical documentation from the treating physician that states the injured worker’s restrictions. 

There are two categories of wage loss benefits:

  • Working wage loss
    • This is a benefit payable when the injured worker returns to work but in a different position. They receive less pay because of their work restrictions.
    • This could also include a return to work where they were injured, or with a new employer with fewer hours or different job duties. 
  • Non working wage loss
    • This benefit helps injured workers when they try to return to work with restrictions, but are unable to find suitable employment.
    • The worker must demonstrate a good faith effort to find a job.

Scheduled Loss Award

If you have an amputation, ankylosis, loss of use of a body part, or loss of vision or hearing, you are entitled to a scheduled loss award. The amount you receive is based on the nature of your injury and when it occurred.

Lump Sum Settlement

A lump sum settlement is a one-time workers’ compensation payment for an injured worker. It includes a written agreement that results in the closure of a claim or part of a claim. In exchange for the settlement money, the worker will not be eligible for all other past, present, and future medical compensation. 

An injured worker can file an application for a one-time, final Lump Sum Settlement (LSS) (or partial settlement) of their workers’ compensation claim. Partial settlements may be for medical benefits only or compensation benefits only.

Before accepting a lump sum settlement, it is crucial to speak with an Ohio workers’ compensation specialist to determine if a lump sum settlement is your best option.

Medical Treatment

If you were injured at work in Ohio, you have the right to quality, expedient medical treatment. Under the Ohio’s workers’ compensation laws, all of your necessary medical costs should be covered. Another important aspect of Ohio’s workers’ compensation law is the right to receive treatment from a doctor of your choice.

If you suffered a work injury that required costly medical care, you can apply for compensation. Unfortunately, disputes for these claims are far too common. This imposes extreme hardship on those whose injuries require surgery, costly rehabilitation and other treatment by specialists. Most people require an attorney in order to dispute their claim denial. 

When you need to focus on your recovery, having the help of an attorney can ensure your claims and dispute process resolve quickly. An attorney can help you navigate the complex dispute process necessary to resolving medical treatment issues. Mark L. Newman is a workers’ compensation specialist. He is committed to helping to recover from your injuries and receiving the compensation you deserve.

Vocational Rehabilitation and Living Maintenance

A unique benefit available to Ohio workers is the vocational rehabilitation and living maintenance compensation. These benefits help you return to the workforce, even if it is not in your original field of work prior to your injury or illness.

This is a voluntary program to help workers return to the workforce. It includes help with:

  • Returning to your former job
  • Beginning a different job with the same employer
  • Returning to a new job with any employer.

The benefit provides for training and learning new skills in different industries.

 

In order to qualify, you will need a referral. This may come from either yourself, your attorney, or your doctor. The BWC will determine your eligibility and whether or not you would actually benefit from the vocational rehabilitation program. This might help you with the job search, training, as well as physical therapy.

This type of benefit works alongside vocational rehabilitation benefits. While participating in the vocational rehabilitation plan, you will receive living maintenance compensation. This allows you to sustain an income while receiving vocational rehabilitation training.

 

In addition, there is a benefit called living maintenance wage loss. Those that complete their vocational rehabilitation and earn less than they did at their previous employment may be eligible for living maintenance wage loss.

Attorney Mark L. Newman Can Answer Your Questions

If you would like to learn more about Social Security Disability benefits, contact attorney Mark L. Newman today. Email us or call 513-721-1350 to schedule your free initial consultation.