Permanent Total Disability: The Benefit of Last Resort

workers comp worker

As if suffering a workplace injury wasn’t bad enough, there are occasions when injuries can take injured workers out of the workforce completely. This is the nightmare scenario for the vast majority of us who depend on our jobs for the necessities of daily life. So, what can an injured worker do if he/she is no longer able to participate in the workforce?

Qualifying for PTD Benefits

Ohio Workers’ Compensation Law gives the injured worker an option to apply for Permanent Total Disability benefits if certain criteria are met. In order to qualify for PTD benefits, the injured worker must demonstrate that he/she can no longer participate in sustained remunerative employment (of any kind) due solely to the allowed conditions in his/her Workers’ Compensation claim.

PTD – Lifetime Benefit

Because PTD is a lifetime benefit and a benefit of last resort, it is one of the more difficult benefits to be awarded. Therefore, the injured worker must produce substantial medical evidence which clearly indicates that he/she can no longer participate in the work force due to the allowed conditions in his/her claim. Although this is a high standard for injured workers to meet, the Ohio Supreme Court has recently ruled in favor of an injured worker’s application for Permanent Total Disability benefits. For more information, read this article on legalnewsline.com.

Michael J. Myers, Esq.