How does permanent partial disability work? It's a question many people ask, and it's important to know what it means and what it will do. Victims of any workplace injury or illness in Ohio will face more than physical pain relating to the condition. They often require ongoing care and might even suffer from wage loss because of time off work.
Sadly, some victims will get medical treatment and may never fully recover. They will face a lifelong disability and might never be able to work or not in the same capacity as they once did.
The Ohio workers' compensation system features benefits called permanent partial disability (PPD). This is for employees who have suffered a permanent impairment that impedes the person's ability to work but hasn't left them completely disabled.
While workers' compensation is there to help employees, the claims process is often hard to understand. It might come with tons of red tape, especially with permanent partial disability benefits cases. Victims are generally overwhelmed already because they're coping with their permanent problems.
It would compound the victim's hardship if they had to file claims, gather supporting evidence and documentation, and go through an objection process when the claim is denied. Though that last part doesn't always happen, it's a possibility. Likewise, if the claim isn't filed correctly, it will be rejected. The benefits the victim is entitled to are ultimately lost!
It's crucial to work with the workers' compensation attorneys at Larrimer & Larrimer. This law firm is found in Columbus, OH, can explain how ppd is calculated and will represent the victim's PPD claim to get the full compensation they're due. In fact, this practice was built to help all injured Ohio workers.
What's Permanent Partial Disability?
If a victim suffers from an occupational disease or work-related injury that leads to permanent damage to one or more parts of the body, they could be eligible to get PPD benefits.
Typically, partial permanent disability involves the partial loss or total loss of an extremity, which includes fingers, hands, arms, legs, and feet. However, other medical conditions might qualify the victim to receive PPD benefits. The compensation is often awarded for both psychological and physical conditions after the maximum medical improvement has been reached.
Permanent disability benefits vary from total permanent disability because the victim doesn't have to be fully unable to work or disabled to get benefits.
The Calculation for Permanent Partial Disability Benefits in Ohio
All other workers' compensation payments have to end before the injured worker files for PPD benefits. Likewise, they are calculated from the percentage of the impairment caused by the occupational disease or work-related injury. This is considered the whole-person impairment rating or percentage.
In some cases, the amount given is roughly two-thirds of that worker's average weekly wage. However, the amount can't exceed one-third of the average weekly wage statewide.
It's sometimes challenging to understand the concept, so here's a breakdown. Total disability would be a 100 percent impairment (permanent impairment rating). In the PPD situation, the victim would see a greater benefit with a higher impairment rating or percentage.
Injured workers can apply for permanent partial disability benefits by filing the application to determine the percentage of PPD or increase of PPD. They must do this through the Bureau of Workers' Compensation in Ohio (BWC). The forms are generally filed:
26 weeks from the injury date or date of contracting the disease when compensation isn't paid
26 weeks after receiving temporary total disability benefits or wages lost
Once the injured workers file the forms, they must get a medical examination to get the partial permanent disability rating (percentage). There's a statewide network of doctors who can perform these exams.
The medical report will determine the amount of partial permanent disability benefits the injured worker can receive. Both the employer and the injured worker will have 20 days to object after getting the order. If there's no objection filed, the order is effective.
Eligibility for the PPD Benefit for Permanent Impairment
A person who falls ill from the working conditions or is injured at work and suffers a permanent impairment will likely be eligible to receive permanent partial disability benefits.
Here is an example of someone eligible to get PPD: A construction worker lost a finger while working on the job. His doctor told him that he must permanently avoid heavy lifting. Since that's a job restriction because of a work-related injury, the worker could be eligible to get PPD benefits.
However, PPD could be awarded because of many medical conditions, including:
Nerve damage
Knee injuries
Back injuries
Hearing loss
Vision loss (one eye only)
Loss of a limb
Post-traumatic stress disorder (PTSD)
FAQs About Permanent Partial Disabilities
What Will Happen Once I File My Objection?
The objection is heard by the Ohio IC (Industrial Commission). It will rule based on whatever medical evidence is available. Sometimes, the IC agrees with, decreases, or increases the benefits awarded previously. Either party can request reconsideration of the ruling, and the IC hears reconsideration requests and will make the final decision.
Once the reconsideration decision has been made, it cannot be appealed. Therefore, it's wise to work with an experienced workers compensation attorney in Columbus for permanent partial disability cases.
What Will Happen If I File an Increase Request with the BWC?
The Bureau of Workers' Compensation (BWC) in Ohio will forward an increase request and appropriate documentation to the employer. It will then review the files before processing payments. Sometimes, the BWC might schedule medical examinations. This often happens when other conditions are part of the claim or when there are extremely complex injuries.
It's best for the victim to include all relevant supporting documents for the increase request. Otherwise, the BWC could dismiss the C-92 application.
Request Help with a Workers' Compensation Claim through Larrimer & Larrimer
Larrimer & Larrimer has a proven track record of winning workers' compensation benefits for people injured in Ohio. It's unwise to take a chance on the future. Whether the victim got temporary disability benefits initially or not, they might be entitled to receive permanent partial disability benefits, either as multiple payments or as a one lump sum payment.
Contact Larrimer & Larrimer to request a free consultation and experience what decades of legal expertise can provide. Get the compensation deserved now!
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