For many injured workers, paying the initial medical bills is the least of their worries. When a job-related accident results in a short-term or permanent disability, getting fair occupational injury compensation becomes more urgent.
While some employees with a work-related disability eventually recover and return to work, others do not. Workers can file for temporary total disability (TTD) and permanent total disability (PTD), but the application process can present challenges for both. Knowing the issues involved in each case can help streamline the workers’ compensation process.
Temporary Total Disability
A person with a temporary total disability (TTD) has an injury or illness that prevents them from working for more than seven calendar days. In this scenario, the worker can file a TTD with the Ohio Bureau of Workers’ Compensation(BWC). To qualify, they cannot work at all while receiving payments.
The BWC provides TTD to help workers make up their lost wages and pay all the expenses associated with their recovery and return to work. Payments typically discontinue when any of the following occurs:
- The doctor treating your condition approves your return to your place of employment.
- Your doctor has determined that you have reached maximum medical improvement, meaning that they expect no further progress in your healing or recovery.
- You resume work on a full- or part-time basis.
- Your current or other employer provides reasonable accommodations for you to return to your job.
- You leave your position on your own volition.
- You are incarcerated.
The discontinuation of benefits for one injury or illness doesn’t preclude you from filing a claim for another incident. Furthermore, if your current work-related condition recurs, unexpectedly worsens, or you develop other disabilities within the scope of your work, you can apply for more benefits.
Permanent Total Disability
The Ohio BWC defines permanent total disability (PTD) as the inability to maintain sustained and paid employment due to a work-based disability or injury. The Ohio Industrial Commission, which evaluates PTD claims, uses the employee’s average weekly pay at the time of injury when determining benefits. The Commission also considers the claimant’s age, impairments related to injuries or illnesses, work experience, and education.
A worker qualifying for PTD benefits receives payments for life. PTD payments typically discontinue if the person returns to work in any capacity. The one exception to this rule is statutory PTD, which refers to the loss of function rather than the inability to perform a job. For example, a worker might lose the use of their left arm because of a work-related injury but still be able to hold a job. Statutory PTD ensures that the injured person still receives compensation for their loss even if they continue to work.
How A Workers’ Comp Attorney Can Help
Applying for TTD or PTD and getting approved can be difficult without the proper documentation or understanding of the process. Workers’ comp legal representation close to home can be crucial in getting the compensation you and your family depend on.
The local work injury advocates with Clements, Taylor, Butkovich & Cohen, LPA, Co., can guide you through the process and help you account for every piece of documentation, requirement, and deadline. They’ll do the heavy lifting by gathering evidence, preparing and filing the required paperwork, enlisting witnesses for hearings, and performing other crucial functions. Schedule a consultation today by calling our office at 513.721.6500 or using our online contact form.