“How do I file for permanent partial disability?” Our experienced lawyers get this question all the time. Usually, permanent partial disability (PPD) involves the loss of an extremity like a leg, foot, arm, finger, or hand. Regardless of the nature of the PPD, it tends to be fixed, stable, and lasting.
Anyone with a PPD due to a work-related incident has the right to file a claim for benefits. Compensation typically amounts to a third of a worker’s weekly wage, not exceeding two thirds of their pay. Here are some things you should know if you are considering filing for PPD.
How Do I File for Permanent Partial Disability?
You may apply for PPD benefits no sooner than six months or 40 weeks from the last date you received wage loss compensation. You may qualify even if you have never missed work due to your injury.
To begin the process, your personal injury lawyer will file an Application for Determination or Increase of Percentage of Permanent Partial Disability with the Ohio Bureau of Workers’ Compensation (BWC). Once the BWC receives the paperwork, they will put the application on hold for 60 days, after which you must undergo a medical exam to determine the extent of your injury. The BWC examiner will then write a recommendation for compensation based on their estimate of the percentage of permanent partial disability you incurred.
Determining the Percentage of Permanent Partial Disability
Your PPD percentage is based on the Guides to Evaluation of Medical Impairment of the American Medical Association, which are continually updated. The examination is highly specialized, likely something other than what your family doctor is qualified to perform.
The BWC Tentative Order
After receiving the results of your AMA-based examination, the BWC will issue a Tentative Order. You will receive two weeks of compensation equal to two-thirds of your average weekly wage for the year before your injury. The amount will not exceed one third of the statewide average weekly wage (SAWW) during the year of injury.
The examiner may underestimate the extent or percentage of your PPD, which is often the case. You may appeal the estimation within 20 days of receiving it. The appeal can be a complex process. Your best strategy is to find a work injury attorney with extensive experience filing for PPD for their clients.
The workers’ comp attorneys at Clements, Taylor, Butkovich & Cohen LPA, Co., understand the PPD filing process and can anticipate the legal snags that can slow down the process. Call the law firm at 513.721.6500 today and schedule a free consultation. You can also use our online contact form so that a team member will get back to you.