Most people only have a vague understanding of the protections that are available to them after a workplace injury here in Ohio. Worse, many people have misconceptions that might cause them to not seek benefits or not understand the full compensation they may be entitled to. If you’ve been injured in the course of your job here in Ohio, your rights are protected. We can help you understand what types of compensation you may be entitled to, how this compensation is calculated and the differences between varying types of benefits.
Types of Workers’ Compensation Benefits in Ohio
When you’ve been hurt at work, you have benefits that are available to you as part of the Ohio Bureau of Workers’ Compensation. You may be eligible for only some of the benefits, or some types at different times, depending on the severity and duration of your injury, as well as your prognosis for recovery.
- Wage Loss
If your injury happened at your workplace or in the course of your job, you are entitled to compensation for any wages you lose as a result of work missed because of your injury. If you are too sick or injured to work, and you can document the connection between your illness or injury and the accident at your workplace, the Bureau of Workers’ Compensation (BWC) will make sure that your income is not reduced as a result of missed work. This benefit can also apply if, after your injury, you aren’t able to go back to the same type of work, and you instead need to take a position at a lower rate of pay — wage loss benefits can help to make up the difference between your prior income and your new, lower income.
- Medical Expenses
Any medical expenses that are related to your workplace injury will also be covered by workers’ compensation. This applies to any out-of-pocket portions of your medical treatment, hospitalizations, medications, or therapies that are required to get you well again after your injury.
- Temporary Total Disability
It may be that for some period after your injury, you can’t work at all for a significant period of time. You may need to devote yourself entirely to your healing, or the nature of your injury may make it so that you cannot continue to do your particular kind of work. If, for example, you were a bus driver who was in an accident as a part of your injury, and the accident resulted in a concussion that means that you cannot drive for a particular period of time, you would not be able to do your job until you were completely recovered and cleared by a doctor.
- Permanent Partial Disability
It may unfortunately happen that after a workplace injury, you may be partially disabled with no prospect for full recovery. This can mean the loss of a limb or the use of a limb or the loss of a significant portion of your hearing or vision. Workers’ compensation can provide assistance to make up for the wages lost due to your disability.
- Permanent Total Disability
In even worse situations, you may end up being totally disabled and completely unable to work ever again after a workplace injury. Workers’ compensation benefits can also help to compensate you for the loss of income you will have over the remainder of your life.
- Death Benefits
In the worst cases, your relatives and dependents can access benefits if your on-the-job injury results in your death.
How Workers’ Compensation Benefits Are Calculated in Ohio
The calculations for Ohio workers’ compensation benefits can be pretty complicated, and will definitely depend on your specific situation and the type of benefits to which you are entitled. For example, your wage loss benefits will be calculated based on a percentage of your salary from before the injury impacted your ability to work. In general, your salary, for the purposes of the workers’ comp calculations, is based on the average of your salary for the 6 weeks before the injury.
Temporary vs Permanent Disability
Whether you are eligible for temporary or permanent disability benefits will depend on your doctors’ opinion about whether you are expected to eventually recover and be able to return to work. Even if the duration of the disability is quite long, if your prognosis is for eventual recovery and an eventual ability to return to your previous type of work, you will likely be eligible for only temporary disability benefits — even if years (or decades!) are expected to go by before you are well enough to return to your previous type of employment. If the prevailing medical opinion is that you will never reach the level of recovery required for you to totally return to your previous work, you could then potentially be eligible for permanent disability benefits.
Regardless of your particular situation, you will benefit from legal guidance when navigating Ohio’s workers’ compensation system. Here at Clements, Taylor, Butkovich & Cohen LPA, Co., we are workers’ compensation law experts, with tons of experience helping injured Ohio workers protect their legal rights and get what they are entitled to from the system. Contact us today with questions or concerns about your Ohio workers’ compensation case — we can help you maximize your benefits.