What is workers’ compensation?
Workers’ compensation benefits
Workers’ compensation claims process
Do I need an attorney? Common situations
How is a WC settlement determined?
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Ohio's Permanent and Total Disability Benefits
The Ohio Bureau of Workers' Compensation provides permanent total disability (PTD) benefits for an injured worker whose injury permanently prevents them from performing any type of work. It is important to understand that this award is only granted to an injured worker who cannot perform any type of work. It further requires restrictions that would not allow a worker to perform even part-time work. There is no clear definition for part-time work, but it should be less than twenty (20) hours per week and a limited number of hours per day. Therefore, as you can see, these awards are only granted for workers with severe impairments.
The Process of Obtaining PTD Benefits
Prior to applying for PTD benefits certain steps must be taken. First, the injured worker must attempt vocational rehabilitation through the BWC or the self-insured employer's program. Generally, our office refers a client to vocational rehabilitation when the BWC's doctor exam finds the injured worker's condition has reached maximum medical improvement (MMI), which means further treatment will only maintain the injured workers' current level of recovery. An early referral to vocational rehabilitation allows for a quicker determination on whether the injured worker can be retrained.
Our office usually discusses the claim with the assigned vocational rehabilitation case manager, and the possibility of a physical capacity evaluation in order to determine the extent of the injured workers' impairments that may prevent the individual from returning to work.
If the physical capacity evaluation finds that the injured worker cannot work, which usually means the worker cannot perform even sedentary or desk-type work, then our office will request an independent doctor's opinion as to whether the injured worker is permanently and totally impaired from all forms of gainful employment.
The application for PTD benefits is quite extensive and contains a complete list of all jobs performed throughout the injured worker's employment history, as well as a complete surgical history. Once the injured worker completes the application, our office will review and submit to the BWC, along with the medical and vocational rehabilitation evidence, where it will be held for sixty (60) days to give the employer time to obtain an independent medical examination. Once the employer's medical evidence has been filed, the Industrial Commission schedules the injured worker for independent examinations with Industrial Commission doctors to obtain an opinion on behalf of the BWC. Thereafter, notice is sent to all parties allowing an additional forty-five (45) days to file vocational information. Our office usually waives this timeframe, as our vocational evidence will have been filed with the PTD application. This process usually takes approximately six (6) months, before a hearing is set on the issue of PTD.
If successful at the hearing before the Industrial Commission, the BWC takes approximately one additional month to process and issue payment of benefits. Other issues, like those involving Social Security Disability payments, are factored into the amount of your weekly PTD benefit payment. PTD benefits are paid throughout the injured workers' lifetime.
Contact Us
Our office has been handling PTD hearings for over 40 years and are well experienced in the issues that arise during these matters. If you require assistance regarding these types of beenfits, please contact our office.
