The Ohio workers’ compensation program provides critical financial support to employees who suffer work-related injuries or illnesses. These benefits cover your medical expenses, lost wages, and rehabilitation costs (e.g. physical therapy) until you recover and can return to your duties.
Knowing the compensation rates is important for anyone dealing with a workplace injury. These rates are based on various factors, including the severity of your injury and your average weekly wage. This blog will guide you through the details of Ohio’s workers’ compensation rates, helping you understand what to expect and how to get the medical and wage benefits you are entitled to.
What are the Payment Rates for Workers’ Compensation in Ohio?
Workers’ compensation rates in Ohio are calculated based on the injured worker’s average weekly wage (AWW) at the time of the injury. This calculation includes actual wages from all sources of employment and excludes periods of unemployment that are beyond the worker’s control. The AWW is critical in determining the amount of various workers’ compensation benefits.
Several factors influence the compensation amounts, including:
- Type of Injury: The severity and type of injury or illness play a significant role in determining the compensation rate.
- Wage History: The worker’s earnings history and employment status at the time of injury are crucial in calculating the average weekly wage.
Temporary Total Disability (TTD) Benefits
TTD benefits are for workers who cannot perform their job duties while recovering from an injury.
- Percentage of Average Weekly Wage: For the first 12 weeks, injured workers receive 72% of their full weekly wage. After 12 weeks, the benefit rate changes to 66 2/3% of the average weekly wage.
- Duration of TTD Benefits: These workers’ compensation benefits continue until the worker returns to work or reaches maximum medical improvement (MMI).
The maximum weekly rate in 2024 is $1,195 (without Social Security retirement benefits) or $796.67 (with Social Security retirement benefits). The minimum weekly rate is $398.33 or two-thirds of the worker’s actual weekly wage (if it is less than $398.33).
Permanent Partial Disability (PPD) Benefits
PPD benefits are for injured workers who have a permanent impairment but are not totally disabled. These benefits, which are calculated based on the extent of the disability and the worker’s average weekly wage, can be paid weekly or as a lump sum, with the maximum weekly rate for 2024 being $361.67.
Permanent Total Disability (PTD) Benefits
PTD benefits cover injured workers who suffered a permanent injury and are unable to return to any form of employment. To be eligible, you must be deemed permanently and totally disabled. The maximum weekly rate for permanent disability in 2024 is $1,195 (without Social Security Disability benefits) or $796.67 (with Social Security Disability benefits) while the minimum weekly rate is $597.50 unless the worker’s actual average weekly wage is lower.
Death Benefits
Death benefits are provided to the dependents of a worker who dies due to a work-related injury or illness. These dependents include a spouse, children, or other family members who were financially reliant on the deceased worker. Weekly benefits range from $597.50 to $1,195, depending on the worker’s wages at the time of the fatal accident.
Living Maintenance (LM) Benefits
LM benefits are for workers participating in an approved rehabilitation plan. The maximum weekly rate is the same as TTD benefits while the minimum weekly rate is $597.50 (not reduced if receiving Social Security Disability).
Weekly Wage Loss Benefits
Wage loss benefits are for those who return to work in a different capacity at a lower wage or are actively looking for employment but earning less. They are paid at two-thirds of the difference between the worker’s previous wage and current earnings. The maximum weekly rate for 2024 is $1,195.
Scheduled Loss (SL) Benefits
SL benefits are for the loss or loss of use of a body part or hearing loss. The number of weeks and the maximum lifetime benefits are specified in the Ohio BWC’s Compensation Rate chart. As of 2024, the maximum payment rate is $1,195.
How to Get Workers’ Compensation in Ohio
If you’ve been hurt on the job, notify your employer immediately after the injury occurs. This ensures that your employer is aware of the incident and can take the necessary steps to document it. Then visit a medical provider of your choice, not your employers, for a thorough examination and treatment. Inform the provider that the injury is work-related so they can correctly document it.
Next steps include:
- File a First Report of Injury (FROI): Complete the FROI form, which is available on the Ohio Bureau of Workers’ Compensation (BWC) website or through your employer. Submit this form to the BWC to initiate your claim.
- Submit Supporting Documentation: Gather all necessary documents, including medical reports, witness statements, and any other relevant information. These documents support your workers’ comp claim and provide evidence of the injury and its impact on your ability to work.
- Wait for Claim Approval: The BWC will review your claim and documentation. They may contact you for additional information or clarification during this process.
It’s best to file the FROI form as soon as possible after the accident occurs. Ohio law requires that you file within one year of the date of injury. Once your claim is approved, you should begin receiving wage loss and medical benefits shortly. The timeline can vary, but it typically takes a few weeks for the BWC to process the claim and begin weekly payments.
Role of Medical Evaluations in the Compensation Process
Your healthcare provider will assess your injury, recommend medical treatment, and provide an estimated recovery timeline. These evaluations determine the extent of your disability and the appropriate level of compensation. Regular follow-ups may be required to update the BWC on your progress and any changes in your condition.
You will want to maintain copies of all documentation, including medical records, forms, and correspondence with the BWC and your employer. Be sure to follow your healthcare provider’s treatment plan and attend all scheduled appointments.
How Can an Ohio Workers’ Compensation Lawyer Help?
The workers’ compensation process can be challenging, especially when dealing with an injury. An Ohio workers’ comp attorney can help you make sure you receive the benefits you need and are entitled to.
Understanding Your Rights
An experienced attorney can explain your rights under Ohio workers’ compensation laws. They ensure you understand what benefits you are entitled to and how to protect those rights throughout the claims process.
Filing Your Claim
The process of filing a workers’ compensation claim involves a lot of paperwork and strict deadlines. A workers’ compensation attorney can help you complete and submit all necessary forms accurately and on time, reducing the risk of delays or denials.
Gathering and Presenting Evidence
A workers’ comp attorney can assist in collecting all necessary evidence to support your claim, including medical care records, witness statements, and other documentation. They know what information is crucial for proving the extent of your injury and the impact on your ability to work.
Dealing with Unfavorable Claim Decisions
If your claim is denied, an attorney can help you understand the reasons for the denial and guide you through the appeal process. They can represent you in hearings and work to overturn the denial so that you get the workers’ comp benefits you need.
Maximizing Your Benefits
An attorney will work to ensure you receive the maximum benefits possible. They understand the calculations involved in determining compensation rates and will make sure all your income sources are considered.
Handling Disputes
Disputes can arise at any stage of the workers’ compensation process. An attorney can represent you in any disputes with your employer or the BWC, advocating for your interests and working to resolve issues quickly and fairly.
Providing Peace of Mind
Knowing that a professional is handling your case can provide peace of mind. You can focus on your recovery, knowing that your attorney is working to secure the medical care and financial support you need.
Speak to an Ohio Workers’ Comp Attorney Today
Dealing with a workplace injury is stressful enough without having to worry about the workers’ compensation process. If you have been injured on the job and need help filing your claim or appealing a denial in Ohio, the team of workers’ compensation attorneys at Plevin & Gallucci is here for you. Contact our law firm in Cleveland, Columbus, or Waverly to schedule your free consultation today.
