As if suffering a workplace injury wasn’t bad enough, there are occasions when injuries can take injured workers out of the workforce completely and forever. This is the nightmare scenario for the vast majority of us who depend on our jobs for the income necessary to support our daily lives. So, what can an injured worker do if he/she is no longer able to participate in the workforce? What recourse and legal avenues are available to help them?
Qualifying for PTD Benefits
Permanent Total Disability (PTD) benefits are a type of workers’ compensation claim. Ohio Workers’ Compensation Law gives an injured worker the 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.
In most workers’ compensation cases, an employee files for benefits while they are receiving treatment for an accident or injury sustained on the job. At some point during that treatment, it is possible that while the worker has not fully recovered, they have reached the point at which no improvement in their condition is likely beyond that point. If, at this time, the worker is still not able to work, and is likely to never be able to work again, they can file for PTD benefits.
The road to receiving PTD benefits is likely to be a challenging one. Employers and their insurers and legal teams are notorious for fighting to dispute the validity of PTD claims.
PTD is a 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 workforce due to the conditions and causes stated in his/her claim. Although this is a high standard for injured workers to meet, the Ohio Supreme Court ruled in 2017 in favor of an injured worker’s application for Permanent Total Disability benefits. For more information, read this article on legalnewsline.com.
If you find yourself in need of assistance with the filing of and fighting for PTD benefits, we are here to help. We can help to guide you through the process, make sure your rights are protected, and help you to establish the necessary income for you to care for yourself into the future. We can answer all of your questions regarding Cincinnati workers comp law and advocate for the compensation you need and deserve.