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The Ohio Workers Compensation system does not have pain and suffering as in injury or accident cases that happen outside of work. However, Permanent Partial Disability compensation (R.C. § 4123.57(A) is Ohio’s attempt to compensate the worker for his injury that is separate from medical bills and lost wages. It is paid out as a percentage of a whole person impairment (a one-hundred percent impairment would equal total incapacitation. Based on that percentage, the injured worker receives money pursuant to the statute.
For each percentage point of disability, the injured worker receives two weeks of compensation at their average weekly wage rate at the time of injury (this is based on the average weekly wage earned for one complete year prior to the date of injury). However, there is a maximum rate paid by Ohio workers compensation for the year that the injury occurs. If the worker’s wage rate is higher than the maximum, the injured worker will only receive the maximum rate. Also, if the workers wage rate is lower than the maximum they will receive whatever their rate is set.
How to begin the process to determine percent of disability in Ohio workers compensation.
The injured worker (or usually the injured worker’s attorney) will file an application for determination of percent of disability called c92 application. The injured worker is eligible to file this application 6 months after the date of injury or 26 weeks after the injured worker received compensation for not working (temporary total compensation). The determination of permanent partial disability in Ohio is based on the allowed or approved conditions in the claim. Ohio Workers Compensation will then send the injured worker to a state doctor’s exam to get the initial percent of disability. The injured worker then has the opportunity to appeal this decision and go to a doctor of their choosing. The doctor needs to be accredited with Ohio BWC to do these exams. Typically, the injured worker’s doctor percentage is higher than the state doctor’s percentage of disability. The injured worker (or injured worker’s attorney) will then go to a hearing at the Ohio Industrial Commission where a hearing officer will determine the percent of disability. It is usually somewhere between the two exam findings.
Scheduled awards for amputations and loss of use of body parts in Ohio Workers Compensation.
If the injured worker loses a body part (amputation) or has a loss of use of a body part due to the accident there are set awards by Ohio Workers compensation. This means that no matter how much money the injured worker was making per week before the accident, they will all receive the same benefit amount for their loss. These amounts are set by Ohio Statute and are as follows:
Index finger $30,975
Third finger $26,550
Fourth finger $17,700
Little finger $13,275
Loss of metacarpal $8,850
Great toe $26,550
Other toe $8,850
Hearing (one ear) $22,125
Paying Amputation Awards
When an amputation occurs, the award period begins on the date of the amputation if the amputated body part has not been successfully reattached. If the severed body part is successfully reattached, the injured worker is not entitled to an award.
Paying Loss of Vision Awards
If there is loss of vision in both eyes, each eye is computed separately. The minimum award for each eye is 25% loss of uncorrected vision according toRC 4123.57(B) . The maximum award for each eye is 100% or 125 weeks per eye. Paying Loss of Hearing Awards
Permanent and total loss in one ear is paid for 25 weeks. According to RC 4123.57(B) no award is made for less than permanent and total loss of hearing in one ear. Complete loss of hearing in both ears is paid for 125 weeks. Paying Facial Disfigurement Awards
Claims with dates of injury on or after June 30, 2006 will have a maximum award of $10,000. Claims with dates of injury prior to June 30, 2006 have a maximum award of $5,000.