Ohio Workers’ Comp Wage Loss Benefits
Cincinnati Workers' Comp Attorney for Wage Loss Compensation Claims
Returning to work after a job-related injury or illness does not always mean you can immediately resume your former position, hours, or earning level. If an allowed workplace injury prevents you from performing your regular duties and you earn less because of medical restrictions, reduced hours, or a lower-paying position, you may qualify for wage loss compensation benefits under Ohio law. These benefits can help replace part of the income difference while you continue working within the limits of your recovery.
Cincinnati workers’ compensation attorney Mark L. Newman has more than 35 years of experience helping injured Ohio workers pursue the workers’ compensation benefits available to them. He can review your circumstances, explain your wage loss options, and help you address disputes that may arise during the claims process. To learn more about workers’ comp wage loss benefits, schedule a consultation by calling (513) 533-2009 or fill out our online intake form today.
What is Wage Loss Compensation?
Wage loss compensation, sometimes known as temporary partial disability, helps injured employees recover part of their lost wages when a work-related injury or illness limits what they can earn after returning to work. If an injury results in medical work restrictions, reduced hours, a lower-paying position, or another change that decreases a worker’s income, partial wage loss benefits may help make up some of the difference. These benefits generally focus on the gap between what the worker earned before the injury and their current wage-earning capacity.
To qualify for wage loss compensation, you must meet these criteria:
- A loss or decrease in wages exists
- The wage loss is a direct result of the work restrictions caused by the work injury
Wage loss compensation differs from benefits paid for temporary disability or permanent disability because the injured worker may still be able to work in some capacity. Instead, the claim centers on reduced earning capacity caused by the allowed workplace injury. Documentation involving medical limitations, earnings, job duties, and employment history can affect the amount available through workers’ compensation insurance.
Types of Ohio Workers’ Comp Wage Loss Benefits
There are two types of wage loss benefits available to injured workers through Ohio workers’ comp insurance: non-working wage loss and working wage loss.
Working Wage Loss – Ohio BWC
Working wage loss (WWL) benefits may be available when an employee returns to work after a job-related injury or illness but cannot earn the same wages as before. This may happen when medical restrictions force the worker to accept a lower-paying position, work fewer hours, or take other employment for less pay than the job held when the injury happened. WWL benefits are intended to help replace part of the difference between the worker’s pre-injury earnings and current income while the work-related condition continues to limit earning ability
Non-Working Wage Loss – Ohio BWC
Non-working wage loss (NWWL), on the other hand, is compensation for an injured worker who is released to return to work with restrictions but cannot find suitable employment within those restrictions. To qualify for non-working wage loss, an injured worker must make a good faith effort to obtain a job within his or her restrictions.
Who is Entitled to Wage Loss Compensation in Ohio?
An injured employee in Ohio may qualify for wage loss compensation when an allowed work injury or occupational disease directly causes a reduction in earnings. Workers’ compensation generally serves as the exclusive remedy against an employer for covered workplace injuries, although third-party liability claims may be applicable in certain situations. It’s important to note that independent contractors are typically considered self-employed and may not qualify for the same benefits unless their working relationship meets Ohio’s requirements for employee status.
How To Request Workers’ Comp Wage Loss Compensation in Ohio
To request wage loss benefits as an injured worker, you must first complete an Application for Wage Loss Compensation (C-140) form. A doctor must also complete the form, identifying restrictions related to the work injury that prevent the worker from returning to the job he or she performed at the time the injury occurred. Supporting medical evidence and medical records from your health care providers help establish that the wage loss is tied directly to your medical condition.
The injured worker must also provide pay stubs or other proof of earnings and must complete a job search form to show proof that he or she is searching for employment to receive working wage loss.
How is Wage Loss Compensation Paid in Ohio?
Working wage loss is payable at two-thirds of the difference between the Ohio worker’s average weekly wage and their current earnings. Non-working wage loss is paid at two-thirds of the worker’s average weekly wage, subject to the maximum weekly benefit set by the state average weekly wage each year.
It is possible to receive both non-working wage loss and working wage loss at the same time. This is typically the case if an employee initially files for NWWL while unable to secure a job but later switches to WWL after obtaining one.
An injured worker may receive a maximum of 200 weeks of wage loss. However, the 200-week maximum may be extended up to 226 weeks if 26 weeks of non-working wage loss is paid.
Other Types of Workers’ Compensation Benefits in Ohio
Wage loss compensation is just one of several disability benefits available under Ohio’s workers’ compensation insurance system. Depending on how a work-related injury affects a specific body part and the injured employee’s ability to earn wages, other benefits may include:
Temporary Total Disability (TTD)
Temporary total disability benefits in Ohio provide weekly payments to injured workers who are completely unable to work while recovering from a workplace injury. The benefit rate is generally calculated as a percentage of the worker’s average weekly wage, with the first payment arriving shortly after a claim is approved. TTD payments continue until the worker either returns to work or reaches maximum medical improvement, at which point their treating physician determines whether further recovery is expected.
Permanent Partial Disability (PPD)
Permanent partial disability benefits are available to workers who remain partially disabled after an injury or illness has run its course and treatment has concluded. Most workers who qualify for PPD have some degree of lasting impairment but are still able to work in some capacity. Ohio BWC permanent partial disability awards are based on an impairment rating determined by a physician, reflecting the percentage of the body affected by the work-related condition.
Permanent Total Disability (PTD)
Permanent total disability benefits apply to workers who are permanently disabled and completely unable to return to any form of sustained, remunerative employment as a result of their injury. Workers approved for Ohio BWC permanent total disability receive payments intended to replace lost income indefinitely, recognizing that their condition prevents them from earning wages in any capacity going forward.
Scheduled Loss Awards
Scheduled loss awards in Ohio provide workers’ compensation payments for the loss, or loss of use, of specific body parts (such as a hand, arm, leg, or eye) as set out in a fixed schedule under Ohio law. These awards are paid regardless of whether the worker experiences any actual wage loss, compensating specifically for the physical loss itself.
Vocational Rehabilitation and Living Maintenance
Ohio’s vocational rehabilitation benefits help injured workers who can no longer return to their previous job find new suitable employment, whether with their original employer or elsewhere. While participating in an approved vocational rehabilitation plan, workers may receive living maintenance payments to help cover expenses during the retraining process.
Medical Benefits
Medical benefits cover the cost of medical care related to a work injury or occupational disease, including doctor visits, hospital stays, surgery, physical therapy, and prescription medications. These benefits are generally available for as long as medical treatment is deemed necessary and related to the allowed conditions in the claim.
Death Benefits
Workers’ compensation death benefits in Ohio provide financial support to surviving dependents when a worker dies as a result of a work-related injury or occupational disease. These benefits are intended to help replace the income the worker would have otherwise provided, and may also include payment toward funeral and burial expenses.
Why Do I Need an Attorney for Ohio Workers’ Compensation Wage Loss?
When applying for workers’ comp wage loss benefits in Ohio, it is imperative that you know your rights, common workers’ comp mistakes to avoid, and what you are entitled to under the law. Having an experienced Ohio workers’ compensation attorney such as Mark Newman can help ensure your rights remain protected and you receive the maximum amount of compensation possible.
Call an Experienced Cincinnati, Ohio Wage Loss Workers’ Comp Lawyer Today
If a workplace injury has reduced your earnings, you may have options for recovering part of that lost income through workers’ comp wage loss benefits. Mark L. Newman, Attorney at Law, can review your claim, explain how workers’ compensation insurance applies to your situation, and help you pursue the benefits available under Ohio law.
To learn more or to schedule a free consultation with an experienced Cincinnati wage loss compensation attorney, call (513) 533-2009 or fill out our online intake form today.
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