What Is a Permanent Partial Disability in Ohio Workers Comp?
Posted on Sunday, September 1st, 2024 at 9:00 am
In Ohio, if you suffer an injury on the job that results in lasting impairment, you may be able to obtain permanent partial disability (PPD) benefits through workers’ compensation.
Permanent partial disability refers to a situation when an injured worker sustains a permanent injury or loss of function of a body part but can still return to work despite the impairment. These benefits compensate injured workers for the bodily impairment they experienced due to their on-the-job injury.
What Are the Four Types of Compensation?
Ohio’s workers’ compensation system provides four primary types of compensation to injured workers. They are:
- Temporary Total Disability – TTD benefits apply when a worker is completely off work due to a job-related injury. These benefits continue until the worker returns to work or reaches maximum medical improvement (MMI), which is when their condition will not improve with further treatment.
- Living Maintenance Compensation – These benefits can be paid when an injured worker can return to work, but only in a limited capacity while they recover from their injuries. These benefits help to cover the difference in earnings between the workers’ pre-injury position and the light-duty position they can perform while they recover. In Ohio, an injured worker can also obtain these benefits if they are unable to find work within their new restrictions.
- Permanent Total Disability – PTD benefits are for workers the Industrial Commission of Ohio determines are completely unable to return to work in any capacity due to their injury. Workers receive these benefits for life.
- Permanent Partial Disability – PPD benefits can be paid when a worker sustains a permanent injury that results in an impairment of some part of their body. Unlike the other types of compensation, PPD benefits are typically a one-time payment or a series of payments based on the severity of the worker’s impairment.
When Can I File for Permanent Partial Disability in Ohio?
According to Ohio law, there are two scenarios in which you can file for permanent partial disability benefits. Both scenarios rely on your injury lasting for at least 26 weeks, but the start date of the 26-week timer differs slightly.
The first scenario is if you did not receive any other compensation through a workers’ compensation claim. If this is the case, you can request permanent partial disability benefits 26 weeks after the date of your injury.
The second scenario is if you received temporary partial or temporary total disability benefits. If this is the case, you can request permanent partial disability benefits 26 weeks after receiving the last payment of your temporary disability benefits.
When you file your application for PPD benefits, the Bureau of Workers’ Compensation will order an independent medical evaluation. As part of this evaluation, the doctor will perform an impairment rating assessment to determine your level of disability.
What Is a Workers’ Compensation Impairment Rating?
A workers’ compensation impairment rating is a percentage that reflects the severity of your permanent injury or disability. This rating is crucial in determining the amount of permanent partial disability benefits you will receive.
A doctor will evaluate your condition based on guidelines provided by the Ohio Bureau of Workers’ Compensation (BWC). After the evaluation, they will assign an impairment rating to your injury. A higher percentage indicates a more severe disability. This percentage directly influences the compensation you receive.
If you disagree with your impairment rating, you can file an appeal, and the Ohio Industrial Commission (IC) will hear your case.
How Much Money Will I Receive from Permanent Partial Disability in Ohio?
Calculating how much money you will receive in PPD benefits in Ohio is relatively straightforward compared to other aspects of workers’ compensation. The first thing you need to do is multiply your impairment rating by two to get the number of weeks of compensation you will receive. If your impairment rating is 10 percent, you will receive 20 weeks of compensation.
Next, multiply your average weekly wage (AWW) by 66⅔ percent. Then, when you have that value, you must compare it to the maximum permanent partial disability benefits for the year in which your injury occurred. For 2024, the maximum is $398.33. If your AWW multiplied by 66⅔ percent is above this amount, you’ll use the maximum rate to determine your PPD amount; if not, you’ll use the product of your AWW calculation.
Let’s say your benefits come out to the maximum. Using the 10 percent impairment rating from before, you would multiply your disability benefit amount ($398.33 in this example) by the number of weeks of compensation (20) to get your lump sum benefit amount of $7,966.60.
Do I Need an Attorney to File for Permanent Partial Disability?
While it’s not mandatory to have an attorney when filing for permanent partial disability benefits, having an attorney can increase your chances of receiving a favorable amount of compensation.
The process of obtaining permanent partial disability benefits can be complicated, involving medical evaluations and impairment ratings. An experienced workers’ compensation attorney can assist you in this process, submitting all the necessary documentation and protecting your rights.
An attorney can also assist in advocating on your behalf if there is a dispute over your impairment rating, which can significantly affect your permanent partial disability benefit amount. It’s always a good idea to have a lawyer in your corner to fight for your rights when necessary.
Cincinnati, Ohio, Workers’ Compensation Attorney
If you suffered an injury at work that led to a permanent disability in Cincinnati, Ohio, it’s vital to understand your rights, the permanent partial disability application process, and the Ohio’s workers’ compensation process as a whole.
Whether you’re dealing with a minor impairment or a severe disability, having the right legal support can help you seek the compensation you deserve. An experienced Cincinnati workers’ compensation attorney can help you understand your legal options and seek fair compensation based on your injury.
Call Lawrence & Associates Accident and Injury Lawyers, LLC at (513) 351-5997 or contact us online for a free consultation with one of our knowledgeable attorneys. We’ll review your case and help you estimate the permanent partial disability benefits you could receive.
