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Wage Replacement: Workers’ Compensation Lawyers for Ohio and Kentucky

disabilityMany kinds of workers’ compensation benefits exist to replace wages lost due to an occupational illness or injury.  The rules are complex and vary slightly between Kentucky and Ohio, so determining the exact amount of wage replacement available to you is best done by someone with expertise in the field.  This page is designed to give you an overview of the benefits available in each system, but you should rely on your attorney for a precise calculation.

Temporary Total Disability

The amount of TTD you receive is usually two-thirds of your Average Weekly Wage, subject to state mandated maximums and minimums.

  • KENTUCKY:
    In Kentucky, Temporary Total Disability is paid at all times between the seventh day missed from work following an injury, to the date that a doctor places the injured worker at Maximum Medical Improvement.
  • OHIO:
    In Ohio, Temporary Total Disability is paid at all times between the seventh day missed from work following a workplace injury until the worker is able to return to some type of gainful employment, including light duty work.

Permanent Partial Disability

Permanent Partial Disability is paid at the end of your workers’ comp case if you have a permanent disability that prevents you from going back to work at full capacity. Your doctor will assign you a number known as a “whole person impairment”, which describes how much function you have lost. Your PPD payment will be based on your Average Weekly Wage (AWW) and Whole Person Impairment (WPI).

Permanent Total Disability

Permanent Total Disability is paid to injured workers that are completely unable to return to work. PTD benefits are based on the state’s Average Weekly Wage and benefits are paid until the injured worker becomes eligible for old age social security retirement benefits. If an injured worker regains the ability to return to work via reeducation or beneficial medical treatment, PTD benefits can be discontinued.

The Role of Doctors and Lawyers in TTD and PPD Cases

In a Workers’ Compensation claim, your doctor is critical for two reasons: first, the impairment rating assigned by your doctor is an important factor in determining whether and in what amount you get PPD and PTD benefits, and; second, the work restrictions placed by your doctor, along with the doctor’s willingness to fight for his or her recommended treatment in the event that it gets denied, are important in determining how long you can receive TTD. If you are not sure whether your doctor is familiar with his or her role in determining your Workers’ Compensation benefits, have a conversation with your doctor or attorney.

Your Workers’ Compensation attorney is important because he or she will be your biggest advocate for TTD, and PPD or PTD, benefits. For TTD benefits, an experienced attorney is often required to fight against insurance carriers that prematurely cut off TTD benefits. Sometimes, an attorney will also discover that TTD benefits have been calculated unfairly, to the injured worker’s disadvantage. Further, attorneys are almost always required to fight for an appropriate PPD or PTD rating, since the interplay between the WPI, AWW, ability to return to work, and other factors are nearly always too complex for the lay person to easily master. Workers’ Compensation claims are usually filed and decided by an ALJ in cases where the insurance carrier has prematurely cut off TTD, unfairly calculated PPD or PTD, or where medical treatment has been unfairly denied.

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