Ohio Temporary Total Disability Attorneys
Being injured on the job and unable to work can be a frustrating and frightening experience. Victims may be struggling with pain and discomfort from their injuries. It can be incredibly stressful wondering how you will pay for medical bills and your everyday expenses without your wages.
Temporary total disability (TTD) is a form of workers’ compensation that pays workers who are unable to work for a temporary period of time.
Navigating Ohio’s workers’ compensation laws can be daunting. If you do not follow the regulations properly, you may not get the maximum benefits you are owed. In fact, you might not get any benefits at all. Employees injured on the job should consider seeking the advice of an attorney. An experienced workers’ compensation law firm, like Plevin & Gallucci, can help ensure that you are fully compensated for your injuries.
What does Temporary Total Disability mean?
TTD is a benefit paid to replace income that is lost due to a work-related injury when an injured employee:
- Cannot return to his or her former position of employment (job duties as they existed on the date of injury);
- Has not reached maximum medical improvement;
- Has been released to return to work, but the employer or another employer cannot provide work.
The TTD Ohio Benefits Timeframe
When you are injured on the job, it is important to see a doctor right away. You will need to receive a medical evaluation and file a claim in a timely manner. The choice of physician is made by the employee.
If you delay filing a claim, you may become ineligible for disability benefits.
Am I eligible for Temporary Total Disability in Ohio?
To establish TTD benefits, an injured worker must demonstrate through medical evidence that they are temporarily and totally disabled. Temporarily disabled means that the work-related injury is expected to improve. There should be indication of a treatment plan from a medical provider that demonstrates the employee will get better.
The other element needed for TTD eligibility is demonstrated evidence that the worker is unable to return to their work duties. If the worker can only perform restricted duties, that person is still considered totally disabled.
However, this does not automatically mean the employee will be entitled to disability compensation. If the employer can accommodate the employee’s restrictions, then the injured person is required to work in this restricted capacity, as long as the employer complies with certain requirements.
How do I receive TTD benefits?
To receive Ohio workers’ compensation benefits, you must file an Ohio workers’ compensation claim. The first step is to tell your employer that you have been injured. You should also immediately seek medical attention. Next, you will want to formally file a claim with the Ohio BWC. BWC will review and either grant TTD, or refer over to the Industrial Commission for adjudication of the application.
Can I work while receiving TTD benefits?
No. Generally speaking, you cannot work while on TTD. Earning wages for work while receiving TTD benefits can constitute fraud. This is subject to serious criminal penalties. Before resuming any work-like activity while on TTD, it is a good idea to consult an attorney and discuss returning to work with your doctor.
If a worker is injured at one job but works at least one other job, BWC cannot pay TTD if the worker continues to work full or part-time at any job. The worker may, however, be entitled to other wage replacement benefits if he or she is not able to perform all pre-injury jobs.
How is payment for TTD calculated?
The compensation for the first 12 weeks of missed work will be calculated at 72% of the full weekly wages (FWW). FWW are based on an average of the six weeks immediately before the injury or the last full week of your employment, whichever is greater. After 12 weeks of missed work, the payment will be calculated at 66.66% of the average weekly wages (AWW).
AWW are based on earnings for the 52 weeks prior to the date of injury. This includes wages from all employers, and not just the employer at the time of injury. All wage calculations are subject to the statewide maximum and any applicable offsets.
Consulting an attorney is particularly important for your TTD benefit since the rate is subject to interpretation based on unemployment, schooling or a variety of other special circumstances.
When will TTD payments stop?
Payment of TTD benefits will cease when:
- An injured employee returns to work with the same or another employer;
- An injured employee’s treating physician clears the employee to return to work;
- The employer or another employer makes work available that is within the injured worker’s capabilities;
- An injured employee has reached maximum medical improvement;
- An injured employee is incarcerated;
- An injured employee voluntarily abandons employment.
What do I do when TTD is over?
If an injured worker is no longer eligible for TTD, there may be other forms of compensation available. Other types of workers’ compensation in the state of Ohio include working and non-working wage loss, vocational rehabilitation, permanent total disability and permanent partial disability.
Why You Should Consider Speaking to a TTD Workers Compensation Attorney
TTD and other workers’ compensation claims can be complicated, depending on the nature of the disability and the circumstances surrounding your employment and injury. Eligibility, rate of pay, and voluntary abandonment are all factors that come into play.
When you are facing injuries that are keeping you away from work for any length of time, it is a good idea to seek the help of an experienced attorney. Losing out on the full amount of compensation you are due under the law can compromise your healing and your future.
Get a Free Case Review
When you work with Plevin & Gallucci, rest assured that you are in capable hands. Our attorneys have years of experience representing clients in workers’ compensation cases. Contact us today at 1-855-4-Plevin for a free case review to learn about your next legal steps.
