If you have suffered permanent and career-ending injuries due to an on-the-job injury, don’t despair, because compensation is available for you. Permanent total disability benefits are awarded under Ohio workers’ compensation law when a worker cannot return to work due to an allowed workers’ compensation injury.
Workers who suffer this type of injury can apply to the Ohio Industrial Commission (IC), and each application must be accompanied by a physician’s report that explains why the injured employee can never return to work. The IC recognizes an allowed condition as a condition that is the direct result of a compensable work-related injury or occupational disease and which is supported by a medical examination within the past 24 months.
The employer is allowed 14 days after the date of the IC acknowledgment to notify the IC if it intends to submit medical evidence contesting the claim. The employer then has 60 days to submit the medical evidence. The IC next schedules appropriate medical evaluations by it’s own medical specialists.
If either party desires to submit vocational evidence, it has 14 days from the date when the IC mails the vocational letter to notify the IC of this desire. The information needs to be submitted to the IC within 45 days of the mailing date of the IC vocational letter.
The IC may issue a tentative order when all of the evidence is submitted and there is no conflict in the evidence. Either side may file a written objection to the tentative order within 14 days of its receipt. If no objections are filed, the tentative order becomes the final order.
If there is a written agreement to award permanent total disability benefits between the worker, the employer and the Ohio Bureau of Workers Compensation, an order can be issued without a hearing. In other cases, a hearing will be held before IC staff hearing officers, and the parties will be notified of the decision by mail. Once granted, permanent total disability benefits are payable to the worker at the same rate as a temporary total disability for the rest of the worker’s life.
If you have suffered permanent disabling injuries as the result of an on-the-job accident or illness, consult with one of our experienced Cincinnati workers’ compensation lawyers to secure permanent total disability payments for the rest of your life.